Issue 1 December 2008  
In this Issue:
Homelessness & Human Rights bulletin returns!
Federal Human Rights Charter Consultation
60th Anniversary of the Declaration of Human Rights
Australian News and Events
Australian Campaigns and Advocacy
Australian Case Law
Opinions and Comments
International News and Events
International Case Law
Publications and Research
Homelessness and Human Rights Links
About the Homelessness and Human Rights email list
Homelessness & Human Rights bulletin returns!

Dormant since late 2006, the Homelessness & Human Rights bulletin (Bulletin) (previously the Homelessness and Human Rights Law Resource Bulletin) makes a triumphant return!

The PILCH Homeless Persons’ Legal Clinic (HPLC) now publishes the Bulletin, which was initially published by the Homelessness Legal Rights Project at the Gilbert + Tobin Centre of Public Law at UNSW (funded by the NSW Law and Justice Foundation).

The Bulletin seeks to provide updates on programs and events, campaigns and advocacy, publications, research and international news in the area of homelessness and human rights. The Homelessness & Human Rights Bulletin is a must-read for people around Australia who are interested in:

  • approaching homelessness in Australia as a human rights issue;
  • using human rights and other rights/legal strategies to support people experiencing homelessness; and
  • sharing information and collaborating in local, regional, state and territory-wide, and national initiatives that promote a rights-based approach to homelessness.

The Bulletin is intended to be a national publication so if you would like to contribute please email - Email Icon hplc@pilch.org.au

About the PILCH Homeless Persons’ Legal Clinic

The PILCH Homeless Persons’ Legal Clinic provides free targeted legal, education and advocacy services to over 700 homeless Victorians each year.  Legal services are provided by pro bono lawyers at 13 crisis shelters, food programs and welfare agencies around Victoria on a weekly basis.  The PILCH Homeless Persons’ Legal Clinic also plays a leading role in national and state- based law reform and public policy activities, which are primarily focussed on promoting and protecting the right to housing and other fundamental human rights of people experiencing or at risk of homelessness.  In 2005 the Clinic was conferred with the National Human Rights Award in recognition of its work in promoting and protecting the rights of those that are marginalised and disadvantaged. 

Link Website of the PILCH Homeless Persons' Legal Clinic Back to top

Federal Human Rights Charter Consultation

It is time to protect the rights of all Australians.  On Wednesday 9 December 2008, on the 60th anniversary of the Universal Declaration of Human Rights, the Australian Government announced a National Human Rights Consultation.

Australia remains the only western country without proper protection of human rights.  Australians want and deserve greater protection of our human rights.  Australia has always been happy to talk about the importance of human rights overseas; now it is time that we have a Human Rights Act to protect our human rights at home.

More than 60 organisations from across Australia, including the PILCH Homeless Persons’ Legal Clinic, have come together from different sectors to support better protection of our human rights through the Human Rights Group.

Human rights are part of our daily lives and abuses are common, but often don't make the news. We want to defend the rights of an elderly man in a nursing home to dignity and privacy, the rights of a mother to keep her family housed and together, and the rights of us all to speak out when we are subject to injustice. Australians take rights like these for granted but contrary to what we might think they are not adequately protected. In the United Kingdom, New Zealand and now in Victoria and the ACT laws have been passed so that governments must protect human rights when making decisions and new laws. In those places, democracy has been enhanced by greater protection of human rights.

The PILCH Homeless Persons' Legal clinic supports the enactment of a Federal Human Rights Act that enshrines civil and political, and social, economic and cultural rights. We will be very involved in the national consultation process, and will be advocating strongly for the creation of a Federal Human Rights Act that protects the right of people experiencing homelessness. We will also assist people experiencing homelessness to participate in the debate.

For further information about the National Human Rights Consultation: - Web Link Icon http://www.humanrightsconsultation.gov.au/

To get involved or to find out more about the Australian Human Rights Group:- Web Link Icon http://www.humanrightsact.com.au/ahrg/

To have your say, go to - Web Link Iconhttp://www.getup.org.au/campaign/rights/407

Link PILCH Media Release: Human rights consultation will enhance democracy Back to top

60th Anniversary of the Declaration of Human Rights

Wednesday 10 December 2024 marked both Human Rights Day and the 60th anniversary of the Universal Declaration of Human rights.  The Declaration is regarded as the ‘foundation of international human rights law’ and its influence is reflected in many rights contained in the Victorian Charter of Human Rights and Responsibilities Act 2006.

Falling on the same day as the announcement of the National Human Rights Consultation, the anniversary of the Universal Declaration of Human Rights’ emphasis on the inherent dignity of humanity as the foundation of freedom, justice and peace in the world is as relevant today as at the time of its adoption 60 years ago, on 10 December 1948.

Links:
- Web Link Icon Office of the High Commissioner for Human Rights
- Web Link Icon ‘Human Rights Day’, 10 December 2008, United Nations
- Web Link Icon Universal Declaration of Human Rights (full text)

Back to top

Australian News and Events

Melbourne 2008 Homeless World Cup

Between 1 and 7 December 2008, Melbourne hosted the sixth Homeless World Cup, a world-class, annual, international football tournament that uses football as a catalyst to help people who are homeless to change their lives and to raise awareness of homelessness around the world.

56 nations united for the biggest Homeless World Cup ever, including the first Women’s Cup. Over 500 athletes competed in a jam-packed schedule of more than 400 fast-paced street football matches on custom-built pitches in Federation Square and Birrarung Marr. The global event united teams of people who are homeless and excluded from society to take a once-in-a lifetime opportunity to represent their country in an unique street soccer tournament.

Afghanistan took the men’s competition 5-4 in a tight match against Russia. Zambia beat Liberia to win the inaugural Women’s Homeless World Cup.

The PILCH Homeless Persons’ Legal Clinic provided a roster of lawyers to assist with the legal needs of Homeless World Cup competitors. 

Link: - Web Link Icon http://www3.homelessworldcup.org/news

COAG – Housing and Homelessness Funding

On 29 November 2008, Prime Minister Kevin Rudd announced that the Council of Australian Governments has agreed to spend an additional $800 million over the next four years to improve the nation’s response to homelessness.

COAG’s communiqué refers to the establishment of targets associated with the implementation of the Homelessness National Partnership, namely a 50 percent reduction in homelessness, an end to rough sleeping by 2020, and a policy of ‘no exits into homelessness’ from statutory or custodial care for those at risk of homelessness.

The Commonwealth and State governments will work together through a national strategic approach focussed on prevention and early intervention, breaking the cycle of homelessness, and creating a new outcomes-focussed service model.

Total funding of over $10 billion has been made available under the Homelessness National Partnership, the National Affordable Housing Agreement, the Social Housing National Partnership and the Remote Indigenous Housing Partnership.

While it is exciting to see the government to commit to indicators and targets around homelessness, it is important that such indicators are not just outcome based.  A human rights approach would incorporate structural indicators such as the existence of an enforceable right of access to emergency accommodation in statute or similar) and process indicators such as budgetary allocations and consideration of the number of turn-aways at emergency accommodation. 

See: - Web Link Icon COAG Meeting Outcomes

See: - Web Link Icon UNHCR Report on indicators for monitoring compliance with international human rights instruments

See: - Web Link Icon UNITED NATIONS HOUSING RIGHTS PROGRAMME (UNHRP) Housing Rights Indicators 
 

Victorian Homelessness Conference

On Wednesday, 19 November 2024 the Council to Homeless Persons (CHP) held the inaugural Victorian Homelessness Conference – ‘All The Way Home – Looking Forwards, Looking Backwards’.  CHP said that the key aim of the conference was ‘to secure a commitment from the State Government to develop a new Victorian Homelessness Strategy that will lead us forward, significantly boost services, and give us the capacity to at least halve homelessness in the next 10 years.’ 

At the conference attendees put forward ideas for a new Victorian Homelessness Strategy.  At the top of the list were the need for more public and community housing and increased investment in homelessness specific services.

For further information: - Web Link Icon Council to Homeless Persons www.chp.org.au

Homeless Persons Legal Service NSW - Homeless Advocacy Advisory Group

Earlier this year, Homeless Persons’ Legal Service1 (HPLS) received funding under the City of Sydney’s 2008/2009 Community Services Grants Program to establish an advocacy and advisory group comprising people who are homeless, formerly homeless or at risk of homelessness.  This advisory group is based on similar groups established by the PILCH Homeless Persons’ Legal Clinic in Victoria and QPILCH’s Homeless Persons’ Legal Clinic in Queensland. 

The fundamental right of people to ‘take part in the conduct of public affairs’ is enshrined in Article 25 of the International Covenant on Civil and Political Rights (ICCPR).  However, it is the unfortunate experience of HPLS, that government and other initiatives to address the growing incidence of homelessness do not include genuine consultation with homeless people themselves. Or, when consultation does occur, it is last minute, ill prepared, not inclusive and not respectful of the needs of those being consulted.

The Homeless Advocacy Advisory Group will attempt to address the lack of involvement of homeless people in decision-making processes that affect them. The Group will have several functions, including having input into the ongoing advocacy activities of the HPLS and providing recommendations to government agencies and other groups about the most appropriate methods of ensuring proper and adequate consultation with homeless people. HPLS is also hoping that the group will participate in training, community education programs and media.

To find out more about the Homeless Advocacy Advisory Group contact Julie Hourigan Ruse, HPLS Co-ordinator on - Phone Icon 02 8898 6511, or - Email Icon jhruse@piac.asn.au

QPILCH – Expansion of the HPLC’s services

Nine Gold Coast law firms and one retired lawyer have committed to a local HPLC. Griffith (GC) and Bond law schools will also arrange for their PLT students to volunteer at the clinic. This will cover the running of the clinic for 7 months, so we are still recruiting local firms, and aim to induct volunteer lawyers in January. 

QPILCH's HPLC has commenced a pilot project with Roma House, a supported accommodation service in Brisbane, to develop a legal needs assessment tool, capable of being administered by non-legal staff, which will become available in all clinics. Legal research in Australia (e.g. Pathways to Justice: the role of non-legal services, Law and Justice Foundation, June 2007) and elsewhere demonstrates that, broadly speaking, most socially or economically disadvantaged clients do not realise they have a legal problem. Of those who do, only half of them seek assistance for that problem. Of those who seek help, around 12% seek assistance from a legal service. These statistics become even bleaker in the realm of small-scale civil law matters experienced by those in extreme disadvantage. Resourcing non-legal staff with an assessment tool, when combined with accessible pro-bono lawyers, may help address this dynamic. We hope to attract funding for this project with our new DGR status.

For more information contact Sue Garlick – - Email Icon homelesspolicy@qpilch.org.au

Back to top

Australian Campaigns and Advocacy

Australians for Ending Homelessness

On Monday, 24 November 2024 Australians for Ending Homelessness, a newly established national coalition of homelessness organizations, launched its campaign to lobby the Federal government to ‘take strong and decisive action now to work towards ending homelessness’.  The group’s spokesperson, Deb Tsorbaris (CEO of the Victorian Council to Homeless Persons) recently told media that governments must focus on early intervention and prevention, increasing services to meet unmet demand and the provision of an extra 250,000 units of affordable community and public housing by 2020.

Australians for Ending Homelessness have developed a five point action plan which outlines direct and targeted ways in which the government can tackle homelessness, including:

  1. A focus on early intervention and prevention programs that target family breakdown and children;
  2. Boosting support services by 40 percent to reduce unmet demand;
  3. Annual research that directly encompasses all forms of homelessness;
  4. 250,000 additional units of affordable and supportive housing by 2020; and
  5. Legislation that supports a unified response to homelessness and increased access to services.

For more information about the five point plan and how your organisation can get involved in the Australians for Ending Homelessness campaign, go to - Web Link Icon Homelessness Australia www.homelessnessaustralia.org.au

Recent Media:
Herald Sun 'National Homeless Group Demands Action' 24 November 2008 
The Age 'Pressure on Rudd over homeless' 23 November 2008  

We Want Change

The PILCH Homeless Persons’ Legal Clinic is conducting a law reform project, entitled ‘We Want Change', to lobby the Victorian government to repeal the current begging offence under section 49A of the Summary Offences Act 1966 (Vic).  The project aims to bring about positive change by reforming a current law which has a disproportionate impact on people experiencing homelessness.

An essential component of the project is the development of a report on begging in Melbourne, which will analyse quantitative and qualitative data on the nature, extent and causes of begging and examine the government's policy response to begging within a human rights framework.  This report will build upon previous research and reporting conducted in 2001 by Hanover Welfare Services and in 2005 by the HPLC. The report will be finalised and submitted to the Attorney-General in early 2009, and will call for the immediate repeal of the begging offence and a broad review of public space offences contained in Victorian legislation and policies.

- Web Link Icon Click here for further information.

Rooming House Inquest

A coronial inquest into two deaths that occurred in a rooming house fire in Brunswick, Victoria in 2006 was conducted in the Victorian Coroner’s Court from 20th – 31st October 2008.  The PILCH Homeless Persons' Legal Clinic, the Tenant’s Union of Victoria (TUV) and the Council to Homeless Persons (CHP) were granted standing to appear at the inquest as interested parties.  The HPLC, TUV and CHP represent a coalition of community organisations and concerned individuals.

At the inquest, the HPLC, TUV and CHP sought to highlight the sub-standard fire safety conditions in Victorian rooming houses and the need for regulatory improvement and accountability for rooming house accommodation.  Caroline Adler, the spokesperson for the three organisations, said that she hoped that the ‘inquest would provide a catalyst for the Victorian government to act to prevent future deaths and to radically improve rooming house regulation, accountability and enforcement.’

The inquest will continue for a further four days in early 2009.  The HPLC, TUV and CHP will be present for the final days of the inquest and will provide the Coroner with written submissions that focus on the need for better regulation in the rooming house sector.

 - Web Link Icon Click here for further information.

Comment sought on Mental Health Act Review, VIC

In light of the prevalence of mental health issues amongst people experiencing homelsesness the recent release by the Victorian Government of a consultation paper seeking input on the Mental Health Act 1986 (Vic), is a welcome development. The consultation paper notes that ‘recent policy and human rights developments have created the impetus for this review of the Act’ (page 10). Interestingly, page 15 of the consultation paper states it is ‘necessary to reconsider the framework of the Act that enables substitute consent to most treatments by the authorised psychiatrist.”

This is an important review in light of the recent Report prepared by the Mental Health Legal Centre titled “Lacking Insight” which addresses human rights concerns in relation to compulsory medical treatment of people with mental health issues. Tina Minkowitz, who wrote the Report’s Foreword, was involved in drafting and negotiating the United Nations Convention on the Rights of Persons with Disabilities (‘the Convention’).  In the Foreword she states that ‘laws that permit forced psychiatric interventions and involuntary commitment facilitate practices that may constitute torture or ill-treatment, potentially incurring state responsibility for these serious human rights violations’ (page 6).

For further information:

- Publication Icon Department of Premier and Cabinet Press Release, Comment sought on Mental Health Act Review, 9 December 2024

- Publication Icon Consulation paper, Review of the Mental Health Act 1986, December 2008

- Publication Icon United Nations Convention on the Rights of Persons with Disabilities (full text)

- Publication Icon Radio National Transcript, Law Report: 'Lacking Insight', 9 December 2024

- Email Icon Contact the Mental Health Legal Centre mental_health_vic@clc.net.au for a copy of “Lacking Insight” (Report prepared by the Mental Health Legal Centre)

 

Comment sought on Uniform Spent Convictions Bill

The Standing Committee of Attorneys-General (SCAG) is seeking input on uniform national legislation governing the circumstances in which certain criminal convictions may be disregarded after a period of good behaviour. Further to this process, the Department of Justice has released a consultation paper and draft Spent Convictions Bill 2008 and requested comment by 27 January 2009. The draft Bill defines the categories of offences that may be ‘spent’ (ie disregarded) as an adult offence for which either (a) a sentence of imprisonment was not imposed or (b) involved a sentence of 12 months or less. Different provisions apply in relation to juvenile offenders.

Submissions and comment are encouraged as this consultation and review process is an important aspect of addressing the negative social and economic consequences that stem from discrimination experienced by people with criminal records.

- Web Link Icon Department of Justice, Public Discussion on Spent Convictions, 24 November 2008 

- Publication Icon Draft Model Spent Convictions Bill: Consultation Paper, November 2008

 

Back to top

Australian Case Law

VCAT - member considers Victorian Charter in public housing matter 
Director of Housing v IF (Residential Tenancies) [2008] VCAT 2413 (18 November 2024)

The landlord (the Director of Housing) alleged the public housing tenant had engaged in threatening behavior, among other things, and applied for a ‘compliance order’ under the Residential Tenancies Act 1997 (‘the Act’). Member Nihill of the Victorian Civil and Administrative Tribunal granted the order but gave consideration to submissions made by the Tenants Union of Victoria on behalf of the tenant. In response to arguments based on the Charter for Human Rights and Responsibilities Act (Vic) 2006 Member Nihill agreed the section 13 Charter right ‘not to have his or her privacy, family, home or correspondence unlawfully or arbitrarily interfered with;’ was engaged by the proceedings before the Tribunal. It was nonetheless considered that in accordance with section 7 of the Charter the proceedings were a reasonable limitation on the tenant’s rights and there was no less restrictive interpretation available.

Link Director of Housing v IF (Residential Tenancies) [2008] VCAT 2413 (18 November 2024) Back to top
Director of Housing v IF (Residential Tenancies) [2008] VCAT 2413 (18 November 2024)

Opinions and Comments

Opinion - Election of new Mayor for City of Melbourne

By Amy Barry-Macaulay, HPLC lawyer, Victoria

On Sunday, 30 November 2024 Robert Doyle was elected as Melbourne’s new Lord Mayor.  Cr Doyle has stepped into his new role quickly and made a number of public comments about his plans for the City of Melbourne. 

One of Robert Doyle’s first announcements after his election as Lord Mayor (the Age, 1/12) was his commitment to ‘clean up the city streets’ by banning ‘badly talented buskers’.  While Cr Doyle has previously indicated that homelessness issues are one of his priorities, his comments on busking and cleaning up Melbourne’s streets suggest that he misses the point.  What Mr Doyle does not understand is that people are often busking so they do not have to beg.  And people beg so they do not have to steal.  The reality is that people are often busking and begging on Melbourne streets in order to survive; to have some food for the day and maybe a bed for the night. 

In Victoria, begging is a criminal offence that carries a penalty of up to 12 months imprisonment but generally involves the imposition of graduated fines (i.e. $50 for the first offence, $100 for a second offence etc).  Under local laws, busking without a permit is illegal and carries a $500 fine.  Punishing people for illegal busking and begging perpetuates the cycle of poverty and disadvantage.  This further marginalises some of the most disadvantaged and vulnerable members of our community, and effectively operates as a tax on the poor. 

Cr Doyle’s commitment to addressing homelessness must be backed by real policy and action.  Improving access to adequate housing, education, health services and employment opportunities should be Cr Doyle’s first priority as Melbourne’s new Lord Mayor. 

Link The Age, Doyle welcomes new breed of buskers to city, 8 December 2024 Back to top

International News and Events

COHRE 2008 Housing Rights Awards

The Centre on Housing Rights and Evictions (COHRE) today announced the winners of its annual Housing Rights Awards for 2008. The International Olympic Committee (IOC) and the Governments of Israel and Italy received Housing Rights Violator Awards for their demonstrated failure to protect and implement housing rights. The Constitutional Assembly of Ecuador was presented with 2008’s Housing Rights Protector Award for its role in making Ecuador the first country in the world to explicitly recognise in its Constitution a range of key housing and habitat-related rights. Ms Pia Ndayiragije of Burundi, Mr Ken Fernandes of Australia and the Chicago, USA-based Coalition to Protect Public Housing each received a 2008 Housing Rights Defender Award in recognition of their outstanding commitments to the defence of housing rights.

Click here to read more. 

New Homelessness WIKI - Street Lawyer: Legal Tools for Economic Justice

The National Law Center on Homelessness & Poverty is an American based organisation committed to ending homelessness.  The NLCHP has created a ‘wiki’ as a means of sharing expertise with groups and individuals involved in homelessness work. A ‘wiki’ is a website that allows collaboration of work from different authors and allows users to add remove or edit content.  It is ideal for community organisations which may be separated by either geography and/or technology. It is intended that the wiki will be used for sharing resources, working collaboratively and engaging in advocacy. So far, it includes an advocacy manual, news items, discussion forums and an events calendar.

The wiki is available at - Web Link Icon http://wiki.nlchp.org/display/Forum/Community+Forum+Home 

Link Street Lawyer: Legal Tools for Economic Justice Back to top

International Case Law

Canada - Sleeping in public spaces and parks
Victoria (City) v Adams 2008 BCSC 1363 (14 October 2024)

In this case, the Supreme Court of British Colombia in Canada made a declaration that certain by-laws, enacted by the City of Victoria, violated s 7 of the Canadian Charter of Rights and Freedoms as they deprived homeless people of their right to life, liberty and security.  The by-laws prevented loitering and taking up a temporary abode in public parks.  The effect of this declaration was that those by-laws are of no effect insofar as they prevent homeless people from erecting temporary shelters and sleeping in public spaces.

To view the full judgment go to – - Web Link Icon http://www.courts.gov.bc.ca/Jdb-txt/SC/08/13/2008BCSC1363.htm

 - Web Link Icon Click here to view a detailed casenote of the decision by the Human Rights Law Resource Centre. 

United States - Provisional ballots without a 'fixed place of habitation'
The Northcoast Ohio Coalition for the Homeless v Brunner (case number C2-06-896)
 
The Plaintiff's brought a motion for preliminary injunction against the Secretary of State in Ohio. Leading up to the US elections in 2008, the Plaintiff's were concerned that provisional ballots would be rejected if a person does not have a fixed place of habitation and there is poll worker error (for example with processing provisional ballots).

Provisional ballots are used to record a vote when there is some question in regards to the voter's eligibility.  On 27 October 2008, the US District Court ordered that if a person does not have a fixed place of habitation, 'the shelter or other place where the person intends to return shall be deemed his residence for the purposes of voting.' This order was consistent with the current Ohio law regarding the method of voting by the homeless. Further, the Court ordered that poll worker error alone may not be a reason to reject a provisional ballot.

To read the full judgment go to: - Web Link Icon http://www.sos.state.oh.us/SOS/Upload/elections/advisories/2008/Adv2008-33.pdf
- Web Link Icon http://moritzlaw.osu.edu/electionlaw/litigation/documents/Skaggs-Response-11-14-08-ExC.pdf

United Kingdom - Discrimination on the grounds of disability
R (on the application of RJM) (FC) v Secretary of State for Work and Pensions  [2008] UKHL 63

The appellant, RJM, received a disability premium on top of an income support allowance. When RJM became homeless, his disability premium was withdrawn by the State. Under the relevant statute, a claimant is no longer entitled to the disability premium if they are 'without accommodation.' RJM argued that this section of the statute was contrary to article 14 of the ECPHR (an anti discrimination provision). The Court found that RJM was the subject of discrimination which would be capable of infringing article 14. The question was, however, whether this discrimination was justified. The Court, reluctant to interfere with the executive, ruled that the discrimination was justified: 'the executive was…entitled to form the view that there are better ways of assisting disabled homeless people than by providing money, which may be spent in ways which may do them more harm than good.'

To read the full judgment go to:  - Web Link Icon http://www.publications.parliament.uk/pa/ld200708/ldjudgmt/jd081022/rjm-1.htm

United Kingdom - Protected Tenancies 
Truro Diocesan Board of Finance Ltd v Foley [2008] EWCA Civ 1162

The appellant, Foley, was a protected tenant of a property owned by Truro. The status of 'protected tenant' meant that Foley could not be dispossessed at the unilateral action of the landlord provided that he paid rent and complied with the terms of the tenancy. New legislation amended the right to protected tenancies except to those who, immediately before signing a new lease, were a protected tenant. Foley appealed the decision on two grounds: Firstly that he was a protected tenant under the previous statute immediately before signing a new lease and secondly that the trial judge failed to apply section 3 of the Human Rights Act 1998 (UK) to the new legislation. Specifically on the second ground, Foley argued that the eviction from one's home was an interference with his rights under article 8 - Respect for Private and Family Rights. The Court dismissed Foley's appeal on both grounds. The court was not required to give the new legislation a meaning 'other than which it naturally bears' and further article 8 was qualified in article 8(2) that required the consideration of other competing interests.

To read the full judgment go to:
- Web Link Icon http://www.bailii.org/ew/cases/EWCA/Civ/2008/1162.html

Canada - Safe injecting rooms and awarding costs in public interest litigation
PHS Community Services Society v. Canada (Attorney General), 2008 BCSC 1453 (Supreme Court of British Columbia, Canada)

The Supreme Court of British Columbia held that the proceeding in PHS Community Services Society v. Canada (Attorney General), 2008 BCSC 661 (27 May 2024) (PHS Community Services) was public interest litigation, and that special costs could therefore be awarded to the plaintiffs.  In PHS Community Services, the Supreme Court declared that laws that made safe self-injecting rooms illegal were unconstitutional and incompatible with the rights to life, liberty and security of person guaranteed in the Canadian Charter of Human Rights and Freedoms.

In support of their claim for special costs, the plaintiffs - PHS Community Services Society, the operator of a self-injecting room site known as “Insite”, and the second and third plaintiffs, users of Insite - argued that the proceeding was public interest litigation that had significant implications for injection drug users’ ability to access justice.

To read the full judgement go to - Web Link Icon http://www.canlii.org/en/bc/bcsc/doc/2008/2008bcsc1453/2008bcsc1453.pdf.

Back to top

Publications and Research

Homelessness Law and Advocacy Resource Manual- HLARM

The PILCH Homeless Persons’ Legal Clinic recently launched its Homelessness Law and Advocacy Resource Manual (Manual).  The Manual an online ‘one-stop shop’ that provides targeted and practical legal information and assistance to community lawyers and non-legal practitioners such as financial counsellors who work with people experiencing homelessness. 

It covers off on legal topics including:

  • human rights and the Victorian Charter
  • fines & infringements
  • housing & tenancy
  • social security
  • discrimination
  • credit & debt
  • victims of crime

The Manual can be downloaded by single chapter and also contains a range of precedent letters and forms for the different areas of law. 

The HLARM is available to the public on the PILCH website at - Web Link Icon www.pilch/hlarm

Other publications of interest:

Human Rights and Equal Opportunity Commission paper, 'Homelessness is a Human Rights Issue' February 2008

Speech by Human Rights Commissioner at NCOSS Conference: Perspectives on Poverty, 'Can rights help solve issues of poverty?', September 2007

Back to top

Homelessness and Human Rights Links

About the Homelessness and Human Rights email list

Who's on the List?
People on the list include Australian community workers, lawyers, journalists, academics, people who have experienced homelessness, and homelessness government and policy workers. 

Who are the List Convenors?
The List Convenor is:

Caroline Adler
Manager/Principal Solicitor
PILCH Homeless Persons Legal Clinic

PO Box 16013
Melbourne 8007

- Email Icon hplc@pilch.org.au

Phone: (03) 8636 4408
Fax: (03) 8636 4455

To JOIN the list visit - Web Link Icon www.pilch.org.au/subscribe

Will my email details be released?
Not without your express permission. Only the List Convenors have access to subscriber details.



 
Disclaimer: This bulletin is for information only and should not be relied upon as legal advice. To unsubscribe from this email list, please visit www.pilch.org.au/unsubscribe
 
 
  www.pilch.org.au/hplc