Homelessness
Homelessness is defined under Australian federal law as ‘inadequate access to safe and secure housing’, especially the state of living in the streets. A person is considered to be homeless in Australia if they do not have access to a safe and secure place to live. Being homeless is not just sleeping out in a park – there are many categories of people who are experiencing homelessness. On a basic level homelessness is the state or condition of having no home – but what is a “home?” A home is more than having a roof over your head – it needs to be safe, secure and connected. Homelessness is often a root cause and an effect of complex social and economic problems. Causes of homelessness can be attributed to diverse and multifaceted factors, including a lack of housing affordability, speculation in housing and land for investment purposes, ethnic and armed conflict. Homeless people can present with complex, interacting and challenging behaviours, such as aggression or violence to self and others and may be unwilling to accept services because they are worried about forming relationships with people, especially those in positions of power. We should not underestimate how difficult it is for service providers to gain the trust of clients who present with co-morbidity, a history of trauma as a result of sexual abuse, family violence, war injuries or street violence.
Article 25
UDHR-‐everyone has a right to a standard of living including food, clothing & housing adequate for the health & well being of themselves & their family
A large majority of homeless people live in accomodation called shelters, these shelters are generally overcrowded with very basic living conditions.The definition of a shelter is 'A place providing food and accommordation for the homeless'. People experiecing homelessness face violations of wide range of human rights. Access to safe and secure housing is one of the most basic human rights. However, homelessness is not just about housing. Fundementally, homelessness is about lack of control over ones environment. People experiencing homelessness face violations of a wide range of human rights. These human rights are protected by a number of international human rights treaties, some of these include:
- international convenant on civil and political rights
- international convenant on economical, social and cultural rights
- convention on the rights of the child (CROC)
Homelessness is a growing epidemic in Australia, especially in NSW with around 40.8 homeless people per 10,000. Homelessness can be triggered by a variety of factors, such factors include:
- financial difficulties
- domestic violence
- mental disabilty
In Australia there are currently 105,237 people who are homeless, of that there are 28,191 people who are homeless in NSW. NSW has more homeless than any other state in Australia.
![[WWW]](../wiki/eggheadbeta/img/sycamore-www.png){kind=small}
http://www.smh.com.au/federal-politics/political-news/definition-of-homeless-widened-20130605-2nqjg.html (definition of homelessness widened)
Housing and Homelessness
COAG has identified housing affordability as a pressing issue for Australians and recognised the importance of improving affordability and access to safe and sustainable housing, including in Indigenous communities. In November 2008, COAG agreed that governments would work together under the $1.3 billion National Affordable Housing Agreement per year to improve housing affordability and reduce homelessness and Indigenous housing disadvantage. National Partnership Agreements on homelessness, social housing and remote Indigenous housing complement the National Affordable Housing Agreement.
- More People with a Place to Call Home
- More Social Housing for Low Income Families
- More Housing for Remote Indigenous Communities
- More Affordable Housing
More People with a Place to Call Home
COAG is delivering a comprehensive plan to significantly reduce homelessness by 2013. The National Partnership Agreement on Homelessness provides $1.1 billion of Commonwealth, State and Territory resourcing over four years to June 2013, helping to fund new social housing dwellings and specialist homelessness projects across the country. The Agreement includes a specially targeted initiative, A Place to Call Home, which will create more than 600 new dwellings across Australia for homeless families and individuals. COAG agreed to the recommendations of the Final Housing Supply and Affordability Reform (HSAR) Report out-of-session in July 2012.
COAG has agreed on a number of other initiatives to boost housing supply and improve affordability:
- the $4.5 billion National Rental Affordability Scheme is committed to stimulating the construction of 50,000 high quality homes and apartments, providing affordable private rental properties for Australians and their families. The Scheme, which commenced in 2008, aims to address the shortage of affordable rental housing by offering financial incentives to the business sector and community organisations to build and rent dwellings to low and moderate income households at a rate that is at least 20 per cent below the prevailing market rates. NRAS aims to: Increase the supply of new affordable rental housing, reduce rental costs for low and moderate income households, and encourage large-scale investment and innovative delivery of affordable housing;the National Housing Supply Council monitors housing demand, supply and affordability. Since it was established in 2008, the Council has produced three State of Supply reports assessing the supply of land and housing relative to expected demand; and Commonwealth, State and Territory land audits, to identify surplus land that could be developed to provide additional housing. In April 2010, COAG endorsed a housing supply and affordability reform agenda to build on current initiatives and provide new reform options to decrease the time it takes to bring housing to the market, and to reform government policies that artificially stimulate demand or act as barriers to supply.
Australian Housing and Urban Research Institute
While housing alone will not end homelessness, research consistently shows that access to affordable housing is critical. AHURI’s research on housing affordability and increasing housing supply is an important part of efforts to end homelessness. AHURI has also made a significant contribution to other areas of homelessness research. Projects have demonstrated the cost-effectiveness of homelessness assistance, examined the nature of homelessness for various groups of people and analysed the effectiveness of particular homelessness policy interventions. Current policies for increasing the supply of affordable housing in Australia envisage a greatly increased role for community housing organisations (CHOs), including as a provider of housing for homeless people. Data from the Australian Institute for Health and Welfare indicate that in the year to June 2008 around 36 per cent of new CHO allocations were to homeless people (AIHW 2009). There is currently a major under-supply of affordable housing in Australia. Homelessness is a significant problem in Australia and affected an estimated 105 000 people on Census night 2006, with approximately 16 000 people sleeping rough. The Australian and state and territory governments invest a significant amount of money in a wide range of housing and homelessness initiatives and government policy is increasingly focused on expanding housing supply. There has been significant Australian Government investment in housing partnerships and affordable housing in recent years, through the National Affordable Housing Agreement (NAHA), the Nation Building Economic Stimulus Plan Social Housing Initiative, and the National Rental Affordability Scheme.
It addresses two of the strategic research issues identified by AHURI:
1. Housing and related systems that prevent homelessness and promote wellbeing and stable housing outcomes; and
2. Housing choice in a social/affordable housing system with diverse providers and increased supply.
Housing Affordibility
Housing affordability relates to a person’s ability to pay for their housing. It is a complex issue caused by local housing and labour markets as well as larger economic, environmental and social forces. When people struggle to meet the cost of housing, researchers describe it as housing affordability stress. Measures of housing affordability stress are a topic of debate. However, in Australia a percentage of income spent on housing costs is generally used to estimate the number of households affected (Project 30206). In common use is a 30/40 rule, meaning those spending more than 30 per cent of their income on housing, while earning in the bottom 40 per cent of the income range.
http://www.smh.com.au/national/number-of-homeless-people-on-the-rise-20130504-2izlr.html
POLICE POWERS
People experiencing homelessness interact regularly with the police and are often vulnerable to the abuse caused by police acting beyond their powers.The role of police officers is to maintain the peace by ensuring that people comply with the law. In order to carry out this function, police are given a range of powers in addition to those enjoyed by other citizens. These powers arise under both legislation and the common law. However, in some circumstances police officers may act beyond the scope of their powers or otherwise abuse their position as members of the police force. Individuals who experience homelessness and are otherwise disadvantaged may be vulnerable to such abuse and may require assistance in dealing with the police. There is a range of ways in which people may get such assistance. For example, people who may otherwise have difficulty in understanding their interactions with the police may obtain assistance from the Independent Third Person.
http://www.youtube.com/watch?v=8DTRCy9tPOA
VICTIMS OF CRIME
People experiencing homelessness are often the victims of violent crimes. VOCAT is a dedicated tribunal where victims of certain crimes can seek compensation. It is administrated through the Magistrates' Court system.
Victims of Crime assistance Tribunal is governed by the Victims of Crime Assistance Act 1996 (Vic), which was significantly altered by the Victims of Crime Assistance (Amendment) Act 2000 (Vic). The primary purpose of the VOCA Amendment Act was to re-introduce a form of compensation for pain and suffering, known as special financial assistance. The VOCA Act replaced the earlier Criminal Injuries Compensation Act 1983 (Vic). In the year ending 30 June 2007, 4562 applications for financial assistance were finalised by VOCAT with VOCAT granting 3134 awards of financial assistance. An award was made in 69% of finalised applications. The average amount awarded per claim was $7479. Victims of Crime Assistance Tribunal can provide awards to cover medical, counselling and certain clothing expenses for victims. It can also provide assistance to aid recovery from a crime and can provide special financial assistance. A potential VOCAT claim exists where there has been an act of violence in Victoria that has been reported to police in a reasonable period of time and a victim has suffered an injury as a result of the act of violence.
IMPACT OF HOMELESSNESS
Homelessness results in significant social and economic costs not just to individuals and families, but also communities and the nation as a whole. On an individual level homelessness makes it difficult to maintain school or further study and leaves people vulnerable to long-term unemployment and chronic ill-health. Some health problems are a consequence of homelessness including depression, poor nutrition, poor dental health, substance abuse and mental health problems. Australians experiencing homelessness are often excluded from participating in social, recreational, cultural and economic opportunities in their community. On a national level people who are experiencing homelessness are more likely to interact with a number of government agencies, such as police, Department of Community Services, Department of Juvenile Justice, Department of Corrective Services, Courts, Legal Aid, Department of Ageing, Department of Health, Housing, and Centrelink. Research has found that the cost of rough sleeping to the community is in excess of $27,000 per year, with the cost increasing the longer a person is homeless. The cost of homelessness to our community, economy and individuals is enormous, particularly if homelessness is not resolved quickly. The current shortage of affordable and available rental homes is continuing to make getting out of homelessness more difficult for people.
http://www.youtube.com/watch?v=WgTpRIPgWPY
WHAT CAN BE DONE?
Ending and preventing homelessness is not as simple as getting people jobs or building houses. There are a number of investments and commitments required.
These start with the Australian government and include:
1. State and Territory housing authorities must maintain their current public housing stock.
2. The Australian Government should establish an affordable housing growth fund deliver at least 20,000
WHERE CAN THEY GO? WHAT ARE THERE OPTIONS?
http://www.youtube.com/watch?v=AusCA28efa0
Specialist homelessness services
Specialist homelessness services are organisations that provide a range of services to people who are experiencing homelessness or at risk of homelessness. These services usually operate through government funding or money raised from donations and fundraising. SHS provide a range of services including: accommodation (ranging from emergency accommodation to transitional and long term housing), family and relationship advice and counselling, material aid and brokerage, meals/laundry and shower facilities, transport, financial and legal advice and information, advocacy, health and medical services, drug and alcohol services, child protection services, parenting skills and education. Over the course of 2011–12, nearly 230,000 Australians received support from approximately 1500 services. On an ‘average night’ in 2011–12, 19,128 people found accommodation through a specialist homelessness services. 18% of people experiencing homelessness on Census night 2011 were in specialist homelessness services. There are more females than males staying in supported accommodation. The largest group staying in specialist homeless services were under 12. Approximately 1 in 37 children aged 0-4 spend time in a homelessness service each year, most of whom are accompanying a mother escaping domestic and family violence. High numbers of young women (1 in 42 Australians in this age group) receive support from specialist homelessness services each year. Around 1 in 56 young males aged 18-24 are also supported by specialist homelessness services over the course of a year. Referrals to specialist homelessness services are increasingly being made through central access gateways. In some jurisdictions people can ‘self-refer’ In addition, mainstream agencies such as Centrelink and Job Services Australia are increasingly referring clients to homelessness services for support.
Stay with other households
According to the ABS, the number of people staying with other households is significantly lower than practitioners and other researchers have previously believed. This has led many advocates and practitioners to believe that the ABS Census night estimate represents an undercount, especially for young people between 12 and 24. According to the ABS, 17,369 people were experiencing homelessness in the form of staying temporarily with other households on Census night 2011. This represents approximately 17% of the total number of Australians experiencing homelessness on Census night 2011. The experience of practitioners tells us that significant numbers of young people and women (often with children) escaping domestic and family violence begin their homelessness experience through so-called ‘couch surfing’, staying temporarily with other households for either short or extended periods. Many people from these groups are unlikely to readily identify this circumstance as homelessness on a Census form and may be left uncounted or misclassified in the Census data. There is also evidence that Aboriginal people often stay temporarily with kin either during times of seasonal or other mobility or because they have no alternative accommodation. While some of this homelessness may show up in severely overcrowded households, much of it will be hidden due to a number of factors including different definitions of ‘home’ and ‘place of usual residence’, rules prohibiting subletting and the knowledge of the person completing the form (this is true for all people). In severely overcrowded dwellings People in severely overcrowded dwellings are the largest group of people experiencing homelessness in Australia, consisting of 39% of the homeless population (41,390 people). This was the largest growing group of people experiencing homelessness between 2006 and 2011. To be classified as a severely overcrowded dwelling a residence needs to have four or more extra bedrooms to accommodate the residents adequatelyxiii. For example at least 14 people living in a three bedroom home. The increase in the number of people living in severely overcrowded dwellings to 2011 was in major cities which could reflect a decrease in housing affordability. Over a quarter of people living in severely overcrowded dwellings are under the age of 12.
HOW OLD ARE THEY?
Homelessness is not only a growing problem in adults but in children aswell ,making up a large 12.9% of all homeless people. Statistics show that 56% of homeless people are male and 44% female and the age ranges from children younger then ten to people over 75 years old. Homelessness can happen to anyone of any age and can be caused by a number of things. Homelessness in youth is growing in NSW and is caused by number of things. Children and young people become homelessness by so many different pathways it is hard to define one main reason why children and young people experience homelessness. Some can be idenified through:
-Relationship/Family breakdowns
-Time out from family/other situations
-Itinerant (moving from place to place)
http://www.youtube.com/watch?v=VWNQ5zbKw-Q
WHY ARE THEY HOMELESS?
- Financial difficulties, housing stress and unemployment 20.5% (AS PERCENTAGES)
- Accommodation issues, housing crisis, inadequate or inappropriate dwellings 24.9% (AS PERCENTAGES)
- Domestic violence and relationship issues time out from family, family breakdown, violence and assault 33.8% (AS PERCENTAGES)
- Health reasons, mental health issues, substance abuse issues 7.5% (AS PERCENTAGES)
-Other, transition from care/custody, lack of support, discrimination (AS PERCENTAGES)
Homelessness is often a result of a number
of complex issues which can include:
- The chronic shortage of affordable and available rental housing
- Domestic and family violence
- Intergenerational poverty
- Financial crisis
- Long term unemployment
- Economic and social exclusion
- Severe and persistent mental illness and psychological distress
- Exiting state care
- Exiting prison
- Severe overcrowding/housing crisis
WHERE THEY STAY?
- Rough sleeping
- Supported Accommodation for the homeless
- Boarding Houses
- Overcrowded dwellings
- Staying with other households
- Other temporary accommodation
LEGAL MECHANISM AND NON-LEAGL
Homelessness is a priority issue for non-government organisations that are, in the main, the key agencies who directly deliver support to clients in homelessness prevention and support programs. Federal and State Governments have also placed increased focus on the issue of homelessness. A recent emphasis at both the Commonwealth and State levels is on the development of co-ordinated responses to homelessness and on the implementation of early intervention programs and prevention programs. This is evident in both the National Homelessness Strategy and the Western Australian State Homelessness Strategy. Despite the increased emphasis on homelessness in recent years and the development of policies and programs to meet problems of homelessness, gaps exist in terms of the evidence base in a number of areas.
Legal problems are among the many complex issues facing people who are homeless. People tend to face different legal issues as they move through a ‘homeless career’. For example, people becoming homeless as a result of family breakdown usually face family law and domestic violence-related issues. On the other hand, people becoming homeless as a result of financial crisis tend to face debt- and housing-related legal issues. Different again, when people have become entrenched in homelessness they tend to face legal issues related to fines and other criminal activities. Legal issues commonly encountered by the homeless, are as follows:
- Family law
- Care and protection
- Domestic violence
- Victim of crime
- Housing (including SAAP Services, boarding houses, caravan parks and villages)
- Discrimination
- Debt
- Social security
- Crime (including fines)
When describing the legal issues associated with people who are homeless, there are two important qualifications that should be kept in mind. First, identifying the legal issues facing people as they become homeless and once they have become homeless is useful for determining appropriate sites of intervention to address their issues. However, distinguishing between legal issues that lead into homelessness and the legal issues that maintain homelessness is more problematic. For example, a family that becomes homeless as a result of family breakdown and domestic violence may also have a housing-related legal issue. Secondly, many homeless people have more than one legal issue affecting them at any one time. For instance, more than three-quarters of the homeless participants interviewed for the current study had experienced three or more legal issues. To illustrate further, in 2003 the Law and Justice Foundation of NSW conducted a telephone survey of legal need among more than 2400 people living in ‘disadvantaged’ areas of NSW (South Sydney, Fairfield, Campbelltown, Newcastle, Nambucca and Walgett). One hundred and twenty respondents indicated that they were or had been homeless during the last 12 months. Thus, at any one time a homeless person may have several legal issues and/ or their homelessness may place them at further risk of legal problems.
Homelessness Australia
Homelessness Australia is the national peak body for homelessness in Australia. Providing systemic advocacy for the homelessness sector. Homelessness Australia does not provide or manage accommodation or deliver direct client services. Instead they work with a large network of organisations to provide a unified voice when it comes to preventing and responding to homelessness. The homelessness service system in Australia was brought together to support people experiencing homelessness in its arrival in the early twentieth century. They began with accommodation for itinerant workers or families who were homeless because of mass unemployment during the great depression. The SAAP drew together a wide range of services that provided accommodation and support to single men and women, families, young people, and women escaping domestic and family violence. The program was backed by national legislation that included a rightsbased preamble and a definition of homelessness that was broad enough to cover groups whose homelessness is hidden and those at risk of becoming homeless because of safety concerns. In 2008, the Australian Government released its first ever White Paper on homelessness entitled The Road Home which outlined a new approach to reducing homelessness in Australia based on three pillars: turning off the tap (stopping the flow of homelessness), improving and expanding services and breaking the cycle of homelessness. The White Paper included a commitment to provide $798 million of new money for programs and services funded through a time-limited National Partnership Agreement on Homelessness (NPAH). In 2011–12 more than 1500 specialist homelessness services were to provide accommodation and support to people experiencing homelessness across Australia. These services provided support to almost 230,000 people who were experiencing or at risk of homelessness including more than 85,000 children. As the national peak body representing over 1300 providers of services to people experiencing homelessness in Australia Homelessness Australia have a longstanding and strong interest in ensuring that the Australian Parliament enacts comprehensive and robust legislation to underpin a co-ordinated national response to homelessness. Homelessness Australia seeks to promote awareness of the causes and effects of homelessness in Australia and to be proactive in putting forward and advocating for the creation of a framework to
end homelessness. Homeless Australia demonstrates this by advocating on behalf of people who are experiencing homelessness and working collaboratively with organisations and providers of frontline services to people experiencing homelessness and those who are at risk of becoming homeless. Homelessness Australia welcomes the adoption of the policy of ensuring that no one is exited from correctional facilities, hospital settings and state care into homelessness.
Australia is experiencing a critical lack of affordable housing. The number of public housing dwellings declined by more than 40,000 from 372,000 in 1996 to 330,000 in 2008, leaving 250,000 Australians to languish on public housing waiting lists, the majority for more than a year. More than 600,000 families and single people are now in housing stress in the private rental market. This situation has compounded poverty for low-income earners, leaving more people vulnerable to homelessness. The lack of affordable housing has also changed the face of homelessness, contributing
to a rise in the number of homeless families and destroying exit points from homelessness into safe, secure, appropriate and affordable housing. Housing un-affordability increases homelessness. It means more people are unable to meet rental payments in the private market and, once homeless, makes it impossible for many people to obtain appropriate, affordable housing due to inadequate supply. Bricks and mortar are an important part of Australia’s national response to homelessness. Government policies to improve housing affordability and increase the supply of affordable housing including the National Rental Affordability Scheme are positive first steps. In addition:
-Federal and State Government must commit to progressively increasing the supply of public and community housing.
-We need a commitment to supply 220,000 additional affordable housing dwellings between 2010 and 2020.
-We need to reform Australia’s taxation system so that investment in affordable housing is incentivised and rewarded.
-We need all levels of Government and the private sector to commit to the reforms and capital investment necessary to increase the supply of affordable
housing in Brownfield, Greenfield and Greyfield developments.
-We need to increase the supply of affordable dwellings in developments that offer permanent, supportive housing for people experiencing homelessness;
ideally these should be mixed tenure communities, close to health and support services and/or located in transit-oriented developments.
The White Paper: Homelessness Australia sees the enactment of new Commonwealth Homelessness Legislation as an opportunity to develop a legal framework that commits both Australian and state and territory Governments to meeting the headline goals and targets adopted in the White Paper. Homelessness Australia sees new legislation as providing an opportunity to enshrine the need for a national, cohesive approach to progressively reducing homelessness in law. This would ensure that Australia remains committed to reducing homelessness beyond the life of any one Government. Homelessness Australia believes including the headline goals and targets outlined in the White Paper in legislation would facilitate this. The White Paper sets two key goals, namely halving homelessness by 2020 and offering supported accommodation to all “rough sleepers” who require it by 2020. The response to the White Paper has been generally positive. Representatives of the NGO sector have commented that the strategy is based on a realistic assessment of the causes of homelessness, sets long terms goals and allocates resources accordingly. Comments have also been made that the White Paper’s focus on the prevention of homelessness mirrors best practice developments overseas in countries such as the USA and UK. Data from the last Census in 2006 published by the Australian Bureau of Statistics in its “Counting the Homeless Report”, indicated that at the time of the last Census, there were approximately 104,676 people who were counted as homelessness, with approximately 27,374 people counted as homeless in NSW. There were also approximately 16,375 people who were “sleeping rough” in Australia on the night of the Census and approximately 3,715 people “sleeping rough” in NSW. It also makes a general observation about the need to understand the complex and interrelated causes of homelessness in order to develop effective strategies to address the issue. For example, the importance of developing programs to address issues such as domestic violence and mental illness, which are closely linked to experiences of homelessness
Supported Accommodation Assistance Act
The very existence of legislation that provided for a dedicated homelessness services program (SAAP) has enabled hundreds of thousands of vulnerable Australians, the majority of them women to access vital accommodation and support services. The Supported Accommodation Assistance Act has provided an important basis for the co-ordination and development of a service delivery system designed to specifically meet the meets of people who are experiencing or who are at risk of homelessness. New legislation should recognise that there is an on-going need for the existence of services that are specifically funded to provide accommodation and support services for
people either experiencing homelessness or who are at risk of becoming homeless.
Specialist Homelessness Services (SHS) Collection
The SHSC was designed to provide richer, timelier and more accurate data on Specialist Homelessness Services (SHS) clients and will be able to provide a clearer picture of their circumstances over the course of their support. The SHSC aims to improve the relevance and quality of data with the main differences being the inclusion of many new and revised data items, quarterly as well as annual reporting, and children who receive services directly being counted as clients instead of as accompanying children. In this quarter, an estimated 98,742 clients were assisted by specialist homelessness agencies―59% were female and 41% male. Eighteen per cent of clients were aged under 10; and just under half of all clients (48%) were aged under 25.
- When adjusted for the resident population (as at 30 June 2011) the national rate of people accessing homelessness services in the December quarter was 44 per 10,000 people.
- Aboriginal and Torres Strait Islander people represented 21% of clients.
- Most clients presented to specialist homelessness agencies alone (69%).
- Domestic and family violence was the most common main reason for seeking assistance (25%). This was also the most common main reason reported by females (34% of female clients), but for male clients the most common main reasons were financial difficulties and housing crisis (both reported by 18% of male clients).
- In 31% of support periods, clients had lived in short-term or emergency accommodation in the month before presenting for support, and 19% had ‘slept rough’.
Salvation Army
The Salvation Army is organisation that doesn't just offer people in need emergency accommodation or a roof over their heads. Through their network of services such as counselling, legal aid, domestic violence support and lifestyle programs, it is in their aim to bring people back into society, strong and equipped to fulfil a valued role in the community. It is known that around 100,000 Australians will be homeless tonight. Homelessness can affect anyone you know - your neighbour, your friends even your family. There is a wide diversity of people in which turn to the Salvation Army for help for many different reasons. Broken marriages, disabilities, domestic violence, mental illness or breakdown may all contribute. The largest single cause of homelessness in Australia is domestic and family violence, which overwhelmingly affects women and children. Across Austrlia, The Salvation Army operates a range of programs addressing alcohol, drug, gambling, and other addictive behaviour. These programs include needle exchanges, withdrawal programmes, counselling and referral, home-based programs, residential treatment services, support groups, and programs specifically designed to meet the needs of special populations.
http://www.youtube.com/watch?v=5dnELwmy8HU
HOMELESSNESS AND HUMAN RIGHTS
Typically, discourse about homelessness and human rights in Australia focuses on the right to housing. This is a topic of crucial importance, particularly in light of the lack of appropriate, adequate and affordable housing across Australia. Relatively little discussion tends to take place, however, about other human rights relevant and related to homelessness. Homelessness constitutes an infraction of such fundamental human rights and dignities as the right to security of the person, the right to be free from cruel, inhumane or degrading treatment or punishment, the right to freedom from discrimination, the right to privacy, the right to freedom of expression, the right to freedom of association, the right to vote, the right to social security, the right to health and, of course, the right to adequate housing.
Homelessness is a breach of the right to adequate housing
International human rights law recognises that every person has the right to an adequate standard of living. This right includes the right to adequate housing.
The right to housing is more than simply a right to shelter. It is a right to have somewhere to live that is adequate. Whether housing is adequate depends on a range of factors including:
• legal security of tenure
• availability of services, materials, facilities and infrastructure
• affordability
• accessibility
• habitability
• location
• cultural adequacy
As a party to the ICESCR, Australian governments at all levels are under an obligation to progressively implement the right to adequate housing. This requires ‘concrete’, ‘targeted’, ‘expeditious’ and ‘effective’ steps, including budgetary prioritisation.In the case of children protected by the CROC, the government has an immediate obligation to take all appropriate measures to implement this right. In a report to the United Nations Human Rights Council in 2006, the United Nations Special Rapporteur on Adequate Housing, Miloon Kathari, found that Australia had ‘failed to implement its legal obligation to progressively realise the human right to adequate housing...particularly in view of its responsibilities as a rich and prosperous country’.
Some of the specific problems relating to housing in Australia identified by the Special Rapporteur included:
• location
• the lack of complaints mechanisms for alleging violations of housing rights
• the existence of laws which criminalise poverty and homelessness, such as laws which prohibit sleeping and drinking in public
• laws that disproportionately impact on homeless people, such as begging laws, public drinking laws and public space laws.
LEGAL AID NSW
The Homeless Outreach Legal Service is a specialist service of Legal Aid NSW. It runs advice clinics in a number of metropolitan and regional areas, mainly in places where homeless people hang out such as community centres, those people experiencing homelessness or who are at risk of homelessness. HOLS can prepare a case on behalf of a homeless person and represent them in court. The same lawyer, where possible, assists a client throughout the legal process, supporting them with advice and assistance, free independent advice about matters such as fines, discrimination, housing, social security, complaints about government agencies, victim’s compensation and debt and can assist clients as much as possible in a single session conducting minor casework assistance on the spot wherever possible.
THE BAREFOOT CHILDREN PROJECT
The Barefoot Children Project works to provide information on street children. The intention is to inspire people to engage themselves in the fight against poverty, this project aims to give people an understanding of the street children’s circumstances and hopefully make a difference. When talking about “circumstances”; the project has two things in mind, in which they focus on the street children’s hard circumstances on the stree but also talk about the circumstances and the process that lead children into becoming street children. By presenting and explaining the street children’s fully exposed reality, they hope to engage people in the fight for a world where children won’t have to live, nor work on the streets.
http://www.youtube.com/watch?v=2E4Z5dCghQA
ROLE OF LAW REFORM
NSW GOVERNMENT
A Way Home: Reducing Homelessness in NSW
NSW Homelessness Action Plan 2009–2014
The NSW Homelessness Action Plan sets the direction for statewide reform of the homelessness service system to achieve better outcomes for people who are homeless or at risk of homelessness. Through the NSW Homelessness Action Plan, the NSW Government will re-align existing effort, increasing the focus of the service system on prevention and long-term accommodation and support.
The NSW Homelessness Action Plan will change the way we understand homelessness and its impact on the community, the way we design and deliver services to homeless people and people at risk of becoming homeless; and change the way we work across government, the non-government sector and with the broader community to improve our responses to homelessness. Some of the NSW Action Plan sets out goals in order to aim for:
Preventing Homelessness
• Prevent eviction from all kinds of tenure
• Transition and maintain people exiting statutory care/correctional and health facilities into appropriate long-term accommodation
• Provide safe, appropriate long-term accommodation and/or support to people experiencing domestic and family violence, relationship and family breakdown and at key transition points
Responding effectively to homelessness
People who are homeless receive effective responses so that they do not become entrenched
• Improve identification of and responses to homelessness by mainstream and specialist support services
• Deliver integrated service responses
• Streamline access to crisis accommodation and specialist homelessness services
• Transition people who are homeless to appropriate long-term accommodation and support
Breaking the cycle
People who have been homeless don’t become homeless again
• Provide models of accommodation with support that are suitable for different target groups
• Increase and upgrade supply of affordable and social housing
• Promote partnerships between all levels of government, business, consumers and the not-for-profit sector
• Improve and better utilise of homelessness data and evidence-based responses to homelessness
There have also been efforts to increase the participation rights of people experiencing homelessness, particularly through reform of voting laws. The reality is that the law continues to ensure that many people experiencing homelessness face a range of criminal justice issues, many of which may be directly related to your homeless condition. Australian writing about homelessness and the law has tended to focus on the negative impact that the law has on you when you are homeless. More contemporary discussions explore ways that the law can be used by homeless people for benefit or to highlight how the law needs to be changed in order to adequately protect people’s basis rights.
http://www.youtube.com/watch?v=osQ7U_cCvFs
Use of Government Funded Specialist Homelessness Services 2009/10, AIHW: http://www.aihw.gov.au/publication-detail/?id=10737419170&tab=2
−National Housing Supply Council report 2010: http://www.fahcsia.gov.au/sa/housing/pubs/housing/national_housing_supply/Documents/
StateofSupplyReport_2010.pdf
−Australian Bureau of Statistics Household Expenditure Survey 2009/10:
−Report on Government Services: Housing and Homelessness Services 2010/11: http://www.pc.gov.au/__data/assets/pdf_file/0015/105360/076-
partg-sectorsummary.pdf
−National Affordable Housing Agreement Performance Indicator Report 2009/10: http://www.coagreformcouncil.gov.au/reports/docs/naha_09-
10/naha_09-10_vol2.pdf
- Homelessness Australia
