Faure v Australia (HRC, 2005)

Violations: ICCPR art 2(3)

Remedy's assessment: Unremedied

The UN says:

The Committee is of the view that in the present case its Views on the merits of the claim constitutes sufficient remedy for the violation found.

The State party is under an obligation to ensure that similar violations of the Covenant do not occur in the future.

HRC (2005)

A young Australian woman receiving unemployment benefits claimed the introduction of a ‘Work for the Dole’ scheme, whereby welfare payments were made conditional on participation in labour programmes, constituted compulsory labour, in breach of ICCPR article 8(3). The HRC did not agree on that point, but did find that, in failing to provide a general domestic mechanism by which to ‘test an arguable claim under … the Covenant’, Australia had violated Bernadette Faure’s right to remedy (art 2(3)). The Committee held that ‘its Views on the merits of the claim constitute[d] sufficient remedy’ in this instance, but that Australia ought to ensure that, in future, ‘an effective and enforceable remedy’ is available to all within its jurisdiction for any violation of the ICCPR. Australia has not introduced such a remedy.

Follow-up dialogue with the HRC is ongoing regarding the non-repetition measures recommended.

For source details, see Remedy Australia's 2014 Follow-up Report (PDF 1.3Mb).

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