The Right To Housing In Australia report contends that establishing the right to housing through an Australian Human Rights Act would provide essential protections for individuals nationwide and help rectify the systemic issues underpinning housing insecurity.

The report underscored that ratifying a Human Rights Act at the federal, state, and territory levels would ensure housing becomes “fairer, safer, and more affordable by protecting people from forced evictions and improving housing policies for every person in Australia”.

This proposal follows the examples of over 50 countries worldwide, including Canada and France, which have already enshrined the right to housing in their national laws.

The report goes further, offering several key recommendations to alleviate the housing crisis. These include proposed reforms to state and territory legislation to strengthen the security of tenure and enhance the accessibility and habitability of social and affordable housing.

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The ongoing housing crisis in Australia has led to an unprecedented number of individuals across NSW seeking legal aid for housing and tenancy issues. According to an annual report by Legal Aid NSW, approximately 4,500 individuals across NSW now seek assistance each year to navigate these pressing challenges.

This is not the first call for adequate housing to be recognised as a human right. Last June, ACT independent Senator David Pocock and North Sydney MP Kylea Tink joined forces to introduce the National Housing and Homelessness Plan Bill 2024 into both the Senate and the House of Representatives.

Australia’s housing system is currently failing to meet demand, leaving many individuals struggling to secure stable homes. According to the latest data from the Productivity Commission, the number of Australians experiencing long-term homelessness has risen by nearly 25 per cent in just five years.

Former Victorian Supreme Court justice Kevin Bell AO KC, appearing on a recent episode of The Lawyers Weekly Show, warned that without meaningful change, Australia’s “housing disaster” could soon become catastrophic.

Bell also noted that the housing crisis “is partly a product of the lack of a strong human rights culture in this country”. To address this issue, he suggested that adopting a human rights-based approach could serve as the “transformational opportunity” necessary for meaningful change.

Caitlin Reiger, chief executive of the Human Rights Law Centre, stressed the urgent need for action and advocated for establishing a right to housing through the Australian Human Rights Act.

“Everyone should have a safe, secure and healthy place to call home, no matter their postcode or bank balance. But the housing crisis is leaving too many people in Australia behind.

“A right to housing, enshrined in an Australian Human Rights Act, is a crucial step in tackling the housing crisis and encouraging government action to make housing more affordable, safer and accessible for every person in Australia,” Reiger said.

The report’s author, Professor Jessie Hohmann from the UTS faculty of law, explained that recognising housing as a human right would place individuals at the core of housing policy.

“Enshrining a human right to housing puts people at the centre of housing policy. This new report shows how a right to housing, through an Australian Human Rights Act, would give governments a concrete pathway to enact more just and equitable housing policies and empower people to hold governments to account,” Hohmann said.

Cassandra Goldie, chief executive of ACOSS, argued that current housing policies are deeply flawed, as they prioritise investor profits over individuals’ right to secure housing, a situation that urgently requires reform.

“Secure, adequate housing is essential, but investor profit has been prioritised at the expense of people’s right to a home. Unfair tax breaks are driving up housing costs and pushing more people into housing stress, while underinvestment in social housing is forcing too many people into homelessness,” Goldie said.

“In a country as wealthy as ours, it is unacceptable that millions are struggling to keep a roof over their head and afford the essentials. An Australian Human Rights Act would place a right to adequate housing at the centre of government policy and help ensure governments deliver on their responsibility to ensure secure, healthy homes for all.”

Ahead of the Reserve Bank of Australia’s first cash rate decision of the year, to be revealed today (Tuesday, 18 February), Cullen Haynes, director of sales at Legal Home Loans, spoke on The Lawyers Weekly Show about how “smart” lawyers can take advantage of looming interest rate cuts.