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AUSTRALIAN LAWYERS FOR HUMAN RIGHTS

ACT Inquiry Urges Legal Right to Adequate Housing

In an Australian first, an ACT Government Parliamentary Committee has recommended that the human right to adequate housing be recognised in ACT law and protected within the Human Rights Act 2004 (ACT).

The ACT Legislative Standing Committee on Legal Affairs has released its final report following an Inquiry into the landmark Human Rights (Housing) Amendment Bill 2025.

If adopted, the reforms would see the ACT become the first Australian jurisdiction to explicitly enshrine the right to adequate housing in human rights legislation.

Australian Lawyers for Human Rights (ALHR) commends the move saying establishing a standalone human right to adequate housing is a major step forward that will deliver concrete benefits for all Canberrans.

In its submission to the inquiry ALHR strongly supported the Bill and made a number of recommendations to enhance its alignment with international human rights law.

Claudia Robinson, Co-Chair of ALHR’s Human Rights Act Committee said:

“Recognising the right to housing would unify and reinforce existing ACT policy and legislative frameworks. While various ACT laws and strategies touch on aspects of adequate housing such as tenancy law and housing affordability initiatives, the right to adequate housing is not explicitly protected in existing legislation.This Bill would create a unified legal foundation that strengthens and also connects existing commitments, filling a gap in the ACT’s current human rights framework.”

“This marks a critical step in addressing the ACT’s housing and homelessness crisis through a human rights lens. ALHR commends the Committee for recognising the importance of elevating access to adequate housing as a fundamental human right.”

“This Bill provides an opportunity for the ACT to walk the talk on progressing the meaningful realisation of Australia’s obligation to protect the right to adequate housing under the International Covenant on Economic, Social and Cultural Rights (ICESCR).”

The ACT, Victoria and Queensland have all enacted Human Rights laws that can evolve, alongside community expectations, to better protect people as they live their everyday lives and face emergent challenges. A Parliamentary Committee in South Australia recently recommended that the state introduce a Human Rights Act. A federal inquiry into Australia’s human rights framework also recommended a national Human Rights Act as well as human rights legislation in the states and territories yet to introduce such laws.

ALHR calls on the ACT Parliament to implement the Legislative Standing Committee on Legal Affairs recommendations in full and pass the Human Rights (Housing) Amendment Bill 2025.

Further, we call on all jurisdictions yet to do so, to introduce Human Rights Acts. The protection of our fundamental human rights should not depend on our post code.

About us:

Australian Lawyers for Human Rights Inc (ALHR) was established in 1993, and incorporated as an association in NSW in 1998 (ABN 76 329 114 323). Australian Lawyers for Human Rights is an association of legal professionals active in practising and promoting awareness of international human rights standards in Australia.

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