Concerning trends on Australia's compliance with the International Covenant on Economic, Social and Cultural Rights

ABSTRACTIn 2023, the United Nations Committee Economic, Social and Cultural Rights will review Australia's compliance with the International Covenant of Economic, Social and Cultural Rights (ICESCR). There have been a number of concerning trends in relation to the realisation of economic, social and cultural rights in Australia since Australia's fifth report to the Committee on 1 February 2016: growing economic inequality exacerbated by a cost-of-living crisis, a lack of meeting Closing the Gap targets for Indigenous Australians, a housing crisis and the Australian government's use of unlawful technology against recipients of social security. Far from meeting its obligations under ICESCR, multiple governments have shown a lack of respect for upholding these rights, leaving Australia without the adequate guarantee of economic, social and cultural rights that should be expected in an industrialised, wealthy economy.KEYWORDS: ICESCReconomic and social rightsAustraliaUnited Nations AcknowledgmentsI’d like to thank Dr. Allison Henry and Dr. Joanna Kyriakakis for their thoughtful comments on earlier versions of this paper. I’d also like to thank James Barklamb for his support and encouragement.Disclosure statementNo potential conflict of interest was reported by the authors.Notes1 International Covenant on Economic, Social and Cultural Rights, opened for signature 16 December 1966, 993 UNTS 3 (entered into force 3 January 1976).2 United Nations Committee on Economic, Social and Cultural Rights, Concluding Observations on the Fifth Periodic Report of Australia, UN Doc E/C.12/AUS/CO/5 (23 June 2017).3 The Australia Institute, Inequality on Steroids: Who Benefits from Economic Growth in Australia (Report, April 2023).4 Ibid 1.5 Ibid 7.6 Australian Institute of Health and Welfare, International Comparisons of Welfare Data, accessed 8 August 2023.7 Australian Council of Social Services and the University of New South Wales, Poverty in Australia in 2023: Who is Affected (Report, 2023) 8.8 Ibid.9 Ibid.10 Ibid.11 Ibid 12.12 Committee on Economic, Social and Cultural Rights, An Evaluation of the Obligation to Take Steps to the “Maximum of Available Resources” under an Optional Protocol to the Covenant, UN Doc E/C.12/38/CRP.1) (13 April 2007).13 United Nations Committee on Economic, Social and Cultural Rights (n 2) 8.14 Ibid 6.15 National Agreement on Closing the Gap, signed July 2020 .16 Australian Productivity Commission, Closing the Gap Annual Data Compilation Report July 2023, (Report, July 2023).17 Ibid 50.18 Ibid 62.19 Ibid 66.20 Ibid 70.21 National Aboriginal and Torres Strait Islander Legal Services, NATSIL analysis of the Federal Budget 2022 (Report, 2022) 1.22 National Indigenous Times, Aboriginal Legal Services Face Freezes across the Country in Funding Crisis, (online, 18 April 2023) ; Australian Lawyers for Human Rights, ALHR supports NATSIL and all ATSIL calls for an immediate $250 million emergency support package from the Federal Government, (online, 5 May 2023) .23 Commonwealth Attorney-General's Department, ‘Additional support for Aboriginal and Torres Strait Islander Legal Services’, (Media Release, 19 May 2023) .24 United Nations Committee on Economic, Social and Cultural Rights (n 2) 3.25 The Salvation Army, At Breaking Point: Red Shield Report 2023 (Report, June 2023) 24–26.26 United Nations Office of the High Commissioner for Human Rights, ‘Fact Sheet No. 31: The Right to Housing’ (November 2009) 8.27 National Housing Finance and Investment Corporation, State of the Nation's Housing 2022–23 (Report, April 2023).28 The Salvation Army (n 25) 24.29 Australian Bureau of Statistics, Estimating Homelessness, Census 2021 accessed 8 August 2023.30 Mission Australia, A Safe Place to Call Home – Mission Australia's Homelessness and Stable Housing Impact Report 2023 (Report 2023) accessed 25 September 2023.31 Ibid 5.32 Ibid 6.33 National Housing Finance and Investment Corporation (Website) .34 United Nations Committee on Economic, Social and Cultural Rights (n 2) 8.35 Royal Commission into the Robodebt Scheme (Final Report, July 2023) vol 1.36 Ibid 332.37 Ibid 181.38 United Nations Committee on Economic, Social and Cultural Rights, General Comment 19: The Right to Social Security, E/C.12/GC/19 (4 February 2008) 2.39 Ibid 10.40 Royal Commission into the Robodebt Scheme (n 35), 514–515.41 Ibid, 192.42 Ibid, 26.43 Ibid, 329.44 Ibid, 35.45 Ibid, 9.46 United Nations Committee on Economic, Social and Cultural Rights (n 2) 6.Additional informationNotes on contributorsAnika BasetAnika Baset specialises in public law and human rights. She is passionate about the realisation of economic, social and cultural rights and access to justice for marginalised communities. She holds an LL.B (First Class Honours) and B.Sc from Monash University, where she graduated with the Sir John Monash Medal for Outstanding Achievement from the Law Faculty. She also holds an LL.M from the University of Melbourne.