Housing, homelessness and human rights
What’s new?
- The Commission's submission to Homelessness: Which way home? (4 July 2008)
- Homelessness is a Human Rights Issue (February 2008)
- Can
rights help solve issues of poverty? Speech by Human Right Commissioner at
NCOSS Conference: Perspectives on Poverty (September 2007)
What does homelessness have to do with human rights?
People experiencing homelessness face violations of a wide range of human rights. Access to safe and secure housing is one of the most basic human rights. However, homelessness is not just about housing.
A person who is homeless may be facing violations of the right to an adequate standard of living, the right to education, the right to liberty and security of the person, the right to privacy, the right to social security, the right to freedom from discrimination, the right to vote, and many more.
These human rights are protected by a number of international human rights treaties, including theInternational Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the Convention on the Rights of the Child (CRC).
For more information see Homelessness is a Human Rights Issue.
Is there a right to housing?
Every person has the right to an adequate standard of living, which includes the right to adequate housing (ICESCR, article 11).
The right to housing is more than simply a right to shelter. It is a right to have somewhere to live that is adequate. Whether housing is adequate depends on a range of factors including:
- legal security of tenure
- availability of services, materials, facilities and infrastructure
- affordability
- accessibility
- habitability
- location
- cultural adequacy.
For more information, see Housing as a Human
Right.
Current projects
Homelessness is a Human Rights Issue, Discussion Paper 2008
This paper explores the many ways that homelessness impacts on a person’s ability to enjoy basic rights and freedoms. It shows that homelessness is more than just a housing issue. Homelessness is about the enjoyment of a wide range of human rights. Since human rights belong to everyone, it is in the interests of the Australian community as a whole to ensure that the rights of homeless people are respected and protected.
Acknowledging that homelessness is about human rights is important for how
homeless people are viewed and treated by the community. Homeless people are not
merely objects of charity, seeking help and compassion. Like all Australians,
people experiencing homelessness are individuals entitled to protection
and promotion of their human rights.
- Click here to access Homelessness is a Human Rights Issue
Past projects and publications
Housing as a Human Right, 1996
Adequate housing is essential for human survival with dignity. Without a right to housing many other basic rights will be compromised including the right to family life and privacy, the right to freedom of movement, the right to assembly and association, the right to health and the right to development.
Australia's response to the right to housing has been a mixed one to date. On the positive side the right to housing is recognised and supported in such documents as Australia's National Action Plan on Human Rights. However, there remains considerable room for improvement, especially in relation to particular groups of Australians, including children and young people, women, Indigenous peoples, and people with mental illness.
- Click here to download Housing as a Human Right
PDF (23K),
Word (27K)
Youth homelessness
In 1989, the Commission conducted a
National Inquiry into Homeless Children. It revealed that approximately 25,000
children and young people in Australia were homeless at that time, with many
more at risk of homelessness or surviving in grossly inadequate housing. The
inquiry demonstrated the link between homelessness and other problems such as
unemployment, sexual abuse and exposure to violence. It also highlighted the
lack of properly resourced and co-ordinated support services for homeless young
people.
- Click here for more information on Children’s
Rights
Homelessness and mental illness
The Commission conducted a National
Inquiry into the Human Rights of People with Mental Illness in 1993. The
inquiry confirmed that homeless people suffer a high rate of physical and mental
health problems. Evidence to the inquiry confirmed the shortage of accessible
and appropriate support services for people with mental illness. Further, for a
homeless mentally ill person, seeking support is generally a difficult and
confusing process. These findings were confirmed by a later Inquiry Not
For Service (2005).
- Click here for more information on Disability
Rights
Homelessness and Indigenous people
Australia's
Indigenous people experience considerable disadvantage in relation to housing
rights as with other human rights. The housing conditions of Indigenous people
remains well below those of the general population. This is especially so in
rural and isolated areas where housing and infrastructure support are major
contributing factors to the poor health of Indigenous people, particularly
children.
- Click here for more information on Aboriginal and
Torres Strait Islander Social Justice






