Strengthening Consumer Law and Policy in Australia: A Rights-based Approach to Consumer Protection

Abstract Consumer law in Australia has traditionally relied on economic rationales centred on market failure and rational actor theory. However, the rise of behavioural economics has exposed the limitations of these assumptions while raising questions about meaningful autonomy and consumer vulnerability that economic frameworks alone cannot resolve. Human rights principles can meaningfully address these normative gaps by grounding consumer protection in dignity, autonomy, and material security. This article argues for integrating a rights-based approach into Australian consumer law and policy, drawing on Deena Hurwitz’s framework of human rights lawyering to transform relationships between consumers and the marketplace. The article examines how human rights intersect with consumer protection across three dimensions, with particular attention to the right to an adequate standard of living and the right to privacy. First, it explores how substantive protections can be enhanced by incorporating human rights principles into the regulation of key types of consumer transactions, such as essential services and housing. Second, it develops a rights-based approach to consumer remediation, showing how human rights principles inform the interpretation of harm, exercise of regulatory discretion, and design of remedies within Australia’s existing enforcement architecture, particularly for consumers experiencing structural disadvantage. Third, it advocates for transforming legal service delivery and policy development to prioritize dignity, participation, and empowerment. The analysis reveals an existing but underutilized relationship between human rights and Australian consumer law, with substantial scope for embedding rights considerations more fully within the legal framework. This approach not only strengthens consumer protection but also aligns with Australia’s international obligations, helping to ensure consumers experiencing vulnerability and marginalization have their rights respected, protected, and fulfilled.