Charter of Human Rights and Responsibilities Amendment (Right to Housing) Bill 2025 (VIC)
Australian Lawyers for Human Rights (ALHR) has written to the Victorian Premier, Attorney General and member of the Legislative Council calling on them to support the Charter of Human Rights and Responsibilities Amendment (Right to Housing) Bill 2025 (the Bill) when it comes before the Legislative Council for debate.
ALHR strongly supports the full incorporation of economic, social and cultural (ESC) rights into the Charter of Human Rights and Responsibilities Act 2006 (Vic) (The Victorian Charter of Human Rights). This Bill represents a significant opportunity for Victoria to incrementally protect ESC rights through a staged approach, in this case, by enshrining the right to adequate housing. Doing so would bring Victoria into line with Queensland and the Australian Capital Territory, whose Human Rights Acts already include protection for some ESC rights.
ALHR is a strong supporter of the Victorian Charter of Human Rights and we acknowledge that, as one of only three states and territories to have introduced a legislated human rights framework, Victoria plays a significant role in leading the country on human rights compliance. However, the Charter notably omits explicit recognition of the right to adequate housing – a gap that is increasingly urgent to address in the context of Victoria’s escalating housing and homelessness crisis.
The best estimates available suggest there are around 30,635 people experiencing homelessness in Victoria. There is an estimated unmet housing need of 145,600 dwellings.
Not having a safe, secure and adequate home makes every part of life more difficult. Protecting the right to adequate housing in order to better address issues in the housing system is foundational to addressing the other social justice issues. Housing is not simply a matter of shelter; it is a human right, a cornerstone of dignity and a prerequisite for the realisation of many other human rights, such as the rights to health, education, privacy, family life, and equality.
The ACT Legislative Standing Committee on Legal Affairs recently released its final report following an Inquiry into the landmark Human Rights (Housing) Amendment Bill 2025 (ACT).
If adopted, the reforms could see the ACT become the first Australian jurisdiction to explicitly enshrine the right to adequate housing in human rights legislation.
Establishing a standalone human right to adequate housing would be a major step forward that will deliver concrete benefits for all Canberrans and Victorians.
Read ALHR’s letter here