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Griffith Law Review Volume 31, 2022 - Issue 1
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Articles

Conceptualising domestic servitude as a violation of the human right to housing and reframing Australian policy responses

Jessie HohmannFaculty of Law, University of Technology Sydney, Sydney, AustraliaCorrespondence[email protected]
ORCID Iconhttps://orcid.org/0000-0003-3086-6772View further author information
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Pages 98-122 | Published online: 08 Apr 2022

References

Primary Sources

  • Treaties and Conventions
  • European Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocols Nos. 11 and 14, 4 November 1950, ETS 5 (entered into force 3 September 1953) (ECHR).
  • International Covenant on Civil and Political Rights, 16 December 1966, 999 UNTS171 (entered into force 23 March 1976) (ICCPR).
  • International Covenant on Economic, Social and Cultural Rights, 16 December 1966, 993 UNTS 3 (entered into force 3 January 1976) (ICESCR).
  • ILO Convention – Decent Work for Domestic Workers, 16 June 2011, PRNo 15A (entered into force 5 September 2013).
  • Slavery Convention, 25 September 1926, No 1414 (Entry into force: 9 March 1927).
  • Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, 7 September 1956, (Entry into Force: 30 April 1957).
  • Universal Declaration of Human Rights, 10 December 1948, 217 A (III).
  • Cases
  • Chameli Singh and Others v State of Uttar Pradesh and Others (1996) 2 SCC 549 (Indian Supreme Court).
  • Cth Director of Public Prosecutions v Kumuthini Kannan and Cth DPP and Kandasamy Jannan [2021] VSC 439 (Kannan).
  • Masri v Nenny Santoso and anor [2004] NSWIRComm 108 (Masri v Santoso).
  • Port Elizabeth Municipality v Various Occupiers [2004] ZACC 7 (CC).
  • R v Kovacs [2009] 2 Qd R 51 (Kovacs).
  • R v Pulini and Pulini [2019] QCA 258 (Pulini).
  • R v Tang (2008) 237 CLR 1 (High Court of Australia) (Tang)
  • R v Wei Tang [2006] VCC 637 (The Queen v Tang).
  • Semayne’s Case [1604] 5 Co. Rep 91 a 194 (KB) (Semayne’s Case).
  • Victoria (City) v Adams (2009) BBCA 563 (British Columbia Court of Appeal).
  • Legislation
  • Charter of Human Rights and Responsibilities Act 2006 (Vic).
  • Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Act 2013 (Cth).
  • Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999 (Cth).
  • Criminal Code Amendment (Trafficking in Persons Offences) Act 2005 (Cth).
  • Criminal Code (Slavery and Slavery-like Offences) Act 1995 (Cth).
  • Fair Work Act 2009 (Cth).
  • Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Cth).
  • Foreign Passports (Law Enforcement and Security) Act 2005 (Cth).
  • Human Rights Act 2019 (Qld).
  • Modern Slavery Act 2018 (Cth).
  • Modern Slavery Act 2018 (NSW).
  • Proceeds of Crime Act 2002 (Cth).
  • UN Documents
  • Urmila Bhoola, Report of the Special Rapporteur on Contemporary Forms of Slavery, Including Its Causes and Consequences on Her Mission to Paraguay: Note / by the Secretariat, UN SR Report UN Doc A/HRC/39/52 (20 July 2018).
  • Jorge Bustamante, Report of the Special Rapporteur on the Human Rights of Migrants, Addendum: Mission to the United Kingdom of Great Britain and Northern Ireland, UN Doc A/HRC/14/30/Add.3 (16 March 2010).
  • Committee on Economic, Social and Cultural Rights, General Comment No 3: The Nature of States Parties’ Obligations (Art. 2, Para. 1, of the Covenant), 51st sess, UN Doc E/1991/23 (14 December 1990).
  • Committee on Economic, Social and Cultural Rights, General Comment No 4: The Right to Adequate Housing (Art. 11 (1) of the Covenant), UN Doc E/1992/23 (13 December 1991).
  • Committee on Economic, Social and Cultural Rights, Consideration of Reports Submitted by States Parties under Articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights, Fifth Periodic Reports of States Parties due in 2014: Australia, UN Doc E/C.12/AUS/5 (16 February 2016).
  • Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, General Comment No 1 CMW/C/GC1 (23 February 2011).
  • Gulnara Shahinian, Report of the UN Special Rapporteur on Contemporary Forms of Slavery, Including Its Causes and Consequences, UN Doc A/HRC/15/20 (18 June 2010).

Secondary Sources

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