Protection from forced eviction: what rights do social housing tenants have under human rights charters?

Abstract

ABSTRACT This article examines the rights of social housing tenants under Australian human rights charters. Victoria, Queensland and the Australian Capital Territory (ACT) have charters which include the right to home and which place obligations on public authorities. However, only in the ACT are these duties enforceable in eviction proceedings. In Victoria and Queensland, social housing tenants must commence separate judicial review proceedings to raise human rights arguments. This article outlines the scope and importance of the right to home in international law, and it uses this framework to provide suggestions on how the right to home could be made accessible and effective for social housing tenants.