A right to adequate housing: Translating 'political' rhetoric into legislation

A right to adequate housing: Translating 'political' rhetoric into legislation

In Australia, calls for a statutory right to adequate housing predate the enactment of the current Australian human rights statutes, with recent recommendations made by a Victorian parliamentary committee and the Australian Human Rights Commission. In effect, the recommendations are for legislative processes translating the politics of homelessness and housing inadequacy, in an ongoing way, into practical statutory measures. To build a framework to inform and assist the legislative processes, this article analyses contemporary property theory, including about a right to adequate housing, and legal, political and constitutional theory directed to the positivisation of human rights. As the core of a right to housing is a place to live in security, peace and dignity, an essential component of a framework will be the functioning in Australian jurisdictions of human dignity, the source from which all other human rights are derived.

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