Ensure access to basic shelter, housing and sanitation, and an adequate supply of safe drinking water; Provide essential drugs as defined under the WHO Action Programme on Essential Drugs; Ensure free and compulsory primary education to all; Ensure access to a social security scheme that provides a minimum essential level of benefits that cover at least essential health care, basic shelter and housing, water and sanitation, foodstuffs, and the most basic forms of education.20 There must be procedural safeguards in place to ensure that an individual’s rights are not arbitrarily denied, and that remedies are available when rights are breached.21 Procedural fairness is an essential aspect of realising socioeconomic rights in practice. For example, the realisation of the right to housing requires safeguards in case of eviction. The OHCHR articulates safeguards required to those affected must be afforded effective realise the right to adequate housing as follows. procedural guarantees, which may have a deterrent effect on planned evictions. These include: If eviction may be justifiable, because the tenant persistently fails to pay rent or damages the property without reasonable cause, the State must ensure that it is carried out in a lawful, reasonable and proportional manner, and in accordance with international law. Effective legal recourses and remedies should be available to those who are evicted, including adequate compensation for any real or personal property affected by the eviction. Evictions should not result in individuals becoming homeless or vulnerable to further human rights violations. In general, international human rights law requires Governments to explore all feasible alternatives before carrying out any eviction, so as to avoid, or at least minimise, the need to use force. When evictions are carried out as a last resort, • An opportunity for genuine consultation; • Adequate and reasonable notice; • Availability of information on the proposed eviction in reasonable time; • Presence of Government officials or their representatives during an eviction; • Proper identification of persons carrying out the eviction; • Prohibition on carrying out evictions in bad weather or at night; • Availability of legal remedies; • Availability of legal aid to those in need to be able to seek judicial redress.22 FREE AND EQUAL A Human Rights Act for Australia 2022 117

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