individual communication to the united nations ... - Community Law

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28Article 24Article 24(1) of the ICCPR states that:Every child shall have, without any discrimination as to race, colour, sex, language,religion, national or social origin, property or birth, the right to such measures of protectionas are required by his status as a minor, on the part of his family, society and the State.“Article 24 of the International Covenant on Civil and Political Rights recognizes theright of every child, without any discrimination, to receive from his family, societyand the State the protection required by his status as a minor. Consequently, theimplementation of this provision entails the adoption of special measures to protectchildren, in addition to the measures that States are required to take under article 2 toensure that everyone enjoys the rights provided for in the Covenant.” 64The Author‟s three children each were made homeless as a result of Mr Barker‟sunlawful eviction of their family. As children, their capacity to avail themselves ofcivil remedies is even more limited than that of the Author. Without criminalising MrBarker‟s behaviour, the rights of the Author's children to freedom from arbitraryinterference with their home go without adequate remedy.The Author submits that Article 24 requires "positive" measures to ensure children‟srights are protected and she submits that the criminalisation of people who unlawfullyevict families from their homes is necessary to ensure children, in situations like thoseof the Author, have adequate protection.3.2 Domestic Context1. The Author submits that the following information about the State party, whilst notstrictly required as part of an Individual Communication to the Committee, provides animportant context supportive of the remedies sought below. Such context is particularlyrelevant in the Author‟s case given that the eviction to which she was subject renderedher family homeless and resulted in its breakdown.2. In short, the Author submits that if, as the following information suggests, the State partyis serious about preventing homelessness, effective legislative protection and remedies forunlawful evictions such as that experienced by the Author must be made availablethrough the criminal law.64 http://www.unhchr.ch/tbs/doc.nsf/%28Symbol%29/cc0f1f8c391478b7c12563ed004b35e3?OpendocumentGeneral Comment 17.Ashling Gandy v Australia, Individual Communication to the Human Rights Committee
293. There has been a particularly strong focus on human rights and social inclusion in theState party‟s current policy frameworks relating to housing and homelessness. In June2009, the Federal Parliament‟s House Standing Committee on Family, Community,Housing and Youth commenced an inquiry into homelessness legislation to replace theSupported Accommodation Assistance Act 1994.65 This work is being driven by theAustralian Government‟s White Paper on Homelessness which proposed that legislationwould “underpin the national response to homelessness, setting standards to deliver thebest quality services possible.”664. The Victorian Government‟s Homelessness 2020 strategy is also of relevance. In July2009, the Premier John Brumby announced the development of a new strategy –Homelessness 2020 strategy.67 The discussion paper on the Homelessness 2020 strategyrecognises that:…homelessness policy has recognised the complexity and sophistication required tomeet the individual needs of people experiencing or at risk of homelessness and toovercome their barriers to social inclusion.5. Whilst such reforms primarily focus on improving service provision in the homelessnessassistance and social housing sectors, they are indicative of the State party‟s commitmentto lowering the number of people who are homeless or at risk of homelessness generally,including people such as the Author who are rendered homeless from the private rentalsystem.6. The Author submits that by failing to provide adequate protection against and remediesfor the unlawful eviction of tenants by landlords, the State party continues to compromiseits ability to genuinely tackle homelessness in Australia.65 See website at http://www.aph.gov.au/House/committee/fchy/66 PILCH Homeless Persons’ Legal Clinic submission to the House Standing Committee on Family, Community,Housing and Youth: Inquiry into Homelessness Legislation, 29 August 2009, p4.67 Homelessness 2020 strategy: A discussion paper, Department of Human Services, October 2009, available atwww.homelessness.vic.gov.auAshling Gandy v Australia, Individual Communication to the Human Rights Committee
Page 1: 1INDIVIDUAL COMMUNICATION TO THE UN
Page 4 and 5: 4Part 11.1 SummaryThe Author, her h
Page 6 and 7: 6At or just after this time, Mr Bar
Page 8 and 9: 81.2.2 Attempts to seek assistanceV
Page 10 and 11: 10“I consider the criminal act to
Page 12 and 13: 12claim- Judgment entered in favour
Page 14: 14Civil ProceedingsThe Author was u
Page 17 and 18: 17Article 2 of the ICCPR requires a
Page 19 and 20: 19requirements as to notice) with w
Page 21 and 22: 21compensate them for the wrongful
Page 23 and 24: 23must such an obligation be interp
Page 25 and 26: 25stop to the interference by third
Page 27: 27(4) the tenant lets the landlord
Page 31 and 32: 319. The Author submits that such r
Page 33 and 34: 33(b) the premises are to be sold o
Page 35 and 36: 35(1) A landlord or a person acting
Page 37 and 38: 37S. 259(2A) inserted by No. 45/200
Page 39 and 40: 39apply to the Court for relief; an
Page 41 and 42: 41s. 146(d) a house let as a dwelli
Page 43 and 44: 43(iii) the accused shall be entitl
Page 45 and 46: 45Victoria PoliceG 4 February 2000
Page 47: 47DD 24 April 2001 Internal Police

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