But I Didn’t Know… Housing Is Already Recognised as a Right Elsewhere

The ACT Legislative Assembly will debate the Human Rights (Housing) Amendment Bill. If passed, the ACT would become the first jurisdiction in Australia to explicitly recognise the right to housing within its Human Rights Act.

It is a debate with deep legal, moral, and human significance. At its heart lies one pressing question: Should housing be considered a human right?

A Local Bill with National Significance

The Bill has been championed by community advocates for years, led most recently by ACTCOSS (the ACT Council of Social Service) and ACT Shelter. Their joint message is clear: enshrining housing as a human right is not a silver bullet to solve the housing crisis, but it is a necessary foundation.

“This Bill will not, on its own, resolve the housing crisis, but it lays the legal foundation we need,” said Dr Devin Bowles, CEO of ACTCOSS.

What makes this Bill groundbreaking is the legal obligation it creates. Once enshrined, future laws and government decisions would need to be consistent with the right to housing. Agencies would have to demonstrate that they are considering housing when making decisions. In short: it moves housing from aspiration to obligation.

What Does it Mean to Call Housing a Human Right?

To many, the idea of housing as a right may sound abstract. But human rights are not abstract, they are about what people need to live with dignity.

The United Nations has long recognised adequate housing as a fundamental right. Article 25 of the Universal Declaration of Human Rights states:

“Everyone has the right to a standard of living adequate for the health and wellbeing of himself and of his family, including food, clothing, housing and medical care.”

By embedding housing in its Human Rights Act, the ACT would align itself with this global commitment. The right to housing does not mean every person will be given a house tomorrow. It means governments must act deliberately and transparently to ensure access to safe, affordable, and suitable housing is progressively realised.

Why This Matters in Canberra Now

The ACT, like much of Australia, is in the midst of a worsening housing crisis. Rents are climbing, home ownership is increasingly out of reach, and frontline services report more people than ever facing homelessness or housing insecurity.

ACT Shelter CEO Corinne Dobson put it plainly:

“Frontline services are telling us every day about the people who are falling through the gaps, gaps that are widening and deepening as the housing crisis persists. Passing this Bill will send a powerful signal that housing is not just a commodity, but a human right that governments have a duty to uphold.”

For Canberrans living paycheque to paycheque, a sudden rent rise or job loss can mean falling into homelessness. For women fleeing violence, safe housing is the first step to rebuilding their lives. For young people exiting care, secure housing is often the make-or-break factor in their ability to thrive.

Recognising housing as a right provides an additional safeguard. It ensures that these stories are not seen as unfortunate outcomes of “the market,” but as human rights failures that require government accountability.

Beyond Bricks and Mortar: Housing as the Gateway Right

Housing is often described as a “gateway right.” Without a stable home, other rights, education, work, health, participation, become far harder to realise.

• A child without stable housing struggles to attend school regularly.
• A person with chronic illness cannot recover if they are sleeping rough or couch-surfing.
• A worker cannot maintain employment without a fixed address.

To enshrine the right to housing is to acknowledge that home is the foundation of all other human rights.

Globally, housing is increasingly being recognised in law. South Africa’s constitution explicitly protects the right to housing. In Scotland, a Housing to 2040 plan places housing at the centre of wellbeing policy. In Finland, the “Housing First” model, grounded in the right to housing, has been internationally lauded for dramatically reducing homelessness.

In each case, recognising housing as a right has been more than symbolic, it has reshaped how governments set priorities, allocate resources, and measure progress.

So why not Australia? The ACT is poised to lead where others have hesitated.

Addressing the Critics

Not everyone is convinced. Some argue that recognising housing as a right creates expectations the government cannot meet. Others fear it will invite legal challenges without solving the underlying shortage of homes.

But ACTCOSS and ACT Shelter are clear: enshrining the right is not about promising instant housing to all, it is about embedding accountability. It ensures that when governments make decisions, from zoning laws to budget allocations, they must weigh the impact on housing rights.

And while courts may become a forum for holding governments to account, history shows that enshrined rights often drive cultural change long before they reach the courtroom. The very act of naming housing as a right shifts the conversation from charity or market forces to justice and obligation.

The Human Stories Behind the Debate

Statistics can feel distant. What brings this debate to life are the lived experiences of those who struggle without secure housing.

• A single mother waiting years for public housing, moving from one temporary rental to another, children’s schooling disrupted each time.
• An older man on a pension facing eviction, unable to compete in Canberra’s rental market.
• A young person exiting out-of-home care, given only weeks to find accommodation, falling through gaps into homelessness.

Each of these stories is not just about hardship, they are about rights denied.

Why It Should Be Considered a Human Right

At its core, the argument for housing as a right rests on three principles:

1. Dignity: No one can live a dignified life without shelter.
2. Equality: Housing insecurity disproportionately affects marginalised groups—women, Aboriginal and Torres Strait Islander peoples, people with disability, and low-income households. Recognising housing as a right confronts this inequity.
3. Accountability: Governments cannot leave something so fundamental to chance. By enshrining housing as a right, they are bound to act with responsibility and transparency.

What Happens If It Passes?

If the Bill passes, the ACT Government will be legally required to consider housing in decision-making and demonstrate how its actions uphold the right. This means:

• Laws and policies will be assessed for consistency with housing rights.
• Agencies will need to report on how their decisions align with the right.
• Individuals and organisations will have a tool to challenge decisions that undermine housing rights.

It won’t immediately end housing stress, but it will build a framework where every new decision must ask: does this advance or undermine the right to housing?

A National Ripple Effect

Should the ACT pass this Bill, it will set a precedent for other states and territories. The ACT has often led the way on progressive reforms, from human rights protections to climate action. Housing as a human right could be its next legacy.

And in doing so, it could spark a national conversation. If Canberra can enshrine the right to housing, why not New South Wales? Why not Victoria? Why not the Commonwealth?

The Moment Before Us

This debate is about more than law, it is about values. Do we see housing as a commodity, available only to those who can compete in the market? Or do we see it as a right, the foundation of a fair and inclusive society?

The choice the Legislative Assembly faces this week is not just political, it is moral. And it is one that will be remembered.

As ACT Shelter’s Corinne Dobson said:

“Supporting this Bill demonstrates the ACT Government’s commitment to the principle that housing is not just a commodity, but a human right that governments have a duty to uphold.”

For those falling through the cracks, this is more than symbolism. It is hope that the system might finally recognise them, protect them, and build a future where no Canberran is left without the security of a home.