In returning Labor to power, Australians look to the Albanese government to lead their second term with courage and a commitment to advancing the human rights of all.
Yet, across the continent, many people continue to face challenges accessing housing and healthcare, food insecurity, gender inequality, and the impacts of climate change.
So, what exactly does this new political landscape mean for Australians and their human rights?
While Australia is a party to seven international human rights treaties, a notable gap remains in their domestic enforceability without a Federal Human Rights Act.
This is where, in their second term of government, Labor has an opportunity to make history.
Housing
Having a safe and accessible place to call home is a fundamental human right, yet Australia faces a housing crisis.
Pensioners are living in their cars, while families are forced to make heartbreaking choices between keeping a roof over their heads and putting dinner on the table. Of the 51,238 rental listings in March 2025, not a single listing was affordable for someone on Youth Allowance.
The crisis has forced more people than ever into homelessness. Instead of working with these people to ensure they have somewhere safe and secure to sleep, many councils are trying to evict those sleeping rough in parks.
“We’re just trying to live, to survive.”
Kate Rowthorne told the ABC
Last month, human rights lawyers challenged the City of Moreton Bay council over its eviction of people from Eddie Hyland Park and its destruction of their tents. Lawyers representing Basic Rights Queensland and the Northwest Community Group have applied for a Supreme Court decision alleging it violates their right to live free from “cruel, inhuman, or degrading” treatment.
In April, people had their tents and other possessions thrown into garbage trucks. Shane Mason told the ABC he had spent the last two years on the social housing waitlist.
“From the start we’ve said this is a violation of people’s human rights. If it is found to be illegal we’re hoping this will stop not just Moreton Bay but any other council, including Brisbane City Council and the Gold Coast council.”
Northwest Community Group president Paul Slater told the ABC
Because of Queensland’s Human Rights Act, people can challenge forced evictions that violate their human rights. With a federal Human Rights Act, the government would need to create a human rights-based housing approach. People could then also take action against forced evictions, ensuring everyone has access to safe, dignified, and affordable housing.
Women’s rights
Women’s rights have come a long way in Australia thanks to brave activists calling for change. But despite these steps towards justice, women and girls continue to experience inequality and violence.
- For every $1 on average a man makes, a woman earns 78c.
- 1 in 3 women has experienced physical violence since the age of 15.
- Domestic or family violence is a leading driver of homelessness for women.
Enshrining our human rights in our laws with a Human Rights Act would give women a tool to challenge discrimination and violence and hold the powerful to account.
Here’s how a university student used the ACT’s Human Rights Act to secure a safe place to live:
After being subjected to family violence, a university student sought to terminate her occupancy agreement early as she did not feel safe living somewhere her ex-partner knew of. For 3 months, the accommodation provider did not respond to the student’s request. They then replied that she did not meet the grounds for early termination.
But after she raised her concerns with the ACT’s Human Rights Commission, the accommodation provider agreed to refund the rent from when she first sought to terminate her occupancy. The provider also undertook a review and changed its policies on how it responds to students reporting family violence.
Environment
The right to a healthy environment is increasingly recognised as a human right, like the right to housing, health, and education.
As bushfires, floods, and droughts continue to wreak havoc across the country, people around the world are using Human Rights Acts to challenge their governments’ approval of fossil fuel projects in court.
Powerful people will continue to fuel the climate crisis unless the right to a healthy environment is protected in our laws.
A Human Rights Act could provide a legal framework for Australians to hold the government accountable for climate policies that impact their fundamental rights and well-being.
In the United States, Montanna politicians passed a law prohibiting state agencies from considering the impact of emissions in their decision-making. This meant that when evaluating a coal mine approval, they were prevented from factoring in the mine’s emissions.
Like so many of us, people in Montana were already feeling the consequences of climate change, with more smoke from worsening wildfires, retreating glaciers, and increasing drought.
In response, sixteen young people aged 5 to 22 took the government to court asserting their right to a ‘clean and healthful environment’ which is protected in Montanna. The result: the court ruled in their favour!
“It sends a strong signal to authorities everywhere that they bear a legal obligation to ensure this and other human rights are respected, protected, and fulfilled or that they could face similar legal challenges.”
Marta Schaaf, Amnesty International’s Director of Climate, Economic and Social Justice, and Corporate Accountability Programme
“This is an historic ruling demonstrating the vital importance of youth activism in pushing for the change we need to avert a growing climate catastrophe and will help drive forward climate justice…. It sends a strong signal to authorities everywhere that they bear a legal obligation to ensure this and other human rights are respected, protected, and fulfilled or that they could face similar legal challenges.” – Marta Schaaf, Amnesty International’s Director of Climate, Economic and Social Justice, and Corporate Accountability Programme
Healthcare
Many people in Australia can no longer afford access to healthcare, and in the last 12 months, at least two public hospitals in Australia banned abortions.
In January this year, the Queensland government announced that they were halting hormone treatments for trans young people. This immediately impacted nearly 500 young people who were on the waitlist for the Queensland Gender Service. With a lack of robust consultation on this decision, advocates were left scrambling.
The Saturday Paper reported that one Queensland mother whose child was due to begin puberty blockers within weeks of the announcement said that the ban “was one hell of a shock”. She said the ban triggered a scramble to access appropriate doctors in the private system, where they face upfront costs of up to $739 for a single dose of puberty blockers, with no alternative.
That decision is being challenged in the Supreme Court because of the government’s failure to consult with children on the decisions that impact them – something they would be required to do under a Human Rights Act.
Most states and territories don’t have a Human Rights Act, and without a federal Human Rights Act, most people in Australia can’t challenge abuses to their right to healthcare.
A Human Rights Act would elevate the right to healthcare to a legally enforceable right. It would ensure that you could see a doctor and get the help you need, and if a government denies you your right to healthcare, you could make a complaint or take them to court.
Disability and Aged Care
Royal commissions have shone a harsh light on systemic human rights abuses in both Aged Care and Disability Services.
The Royal Commission into Aged Care Quality and Safety (2018) found that many older Australians were not receiving the care they needed and deserved, and the final report highlighted the need for a fundamental shift in the aged care system so that everyone can live with the dignity they deserve.
The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (2019) exposed systemic violence, abuse, neglect, and exploitation of people with disability. It revealed that many people with disability have been denied their human rights, including their right to exercise choice and control over their lives. The final report made recommendations for changes in policy and practice to ensure the rights of people with disabilities are respected.
A Federal Human Rights Act would force the federal government to develop policies that safeguard the rights of older people and those with disability. If they abused their responsibilities, they could be taken to court because the rights of older people and people with disability are protected.
Here’s how the ACT’s Human Rights Act enabled a person with a disability to secure the dignity and respect they deserve:
A service provider raised concerns about a person with a disability experiencing physical, financial, and emotional abuse by a carer with whom they lived.
It was alleged that the carer had full control of the person’s disability support pension. They also allegedly physically assaulted the person and controlled all decisions about the person’s life.
The Human Rights Commission met with the person with the disability and coordinated services to plan for a safe move to alternative housing. They also supported them to become financially independent with supported decision-making.
What now?
As Labor settles into its second term, we must continue to push the government and hold them to account in securing our human rights.
With a Human Rights Act, we can:
- Ensure housing policies prioritise people over profit and fund sufficient crisis accommodation so that everyone has a place to call home,
- Ensure everyone is treated equally, regardless of sexuality, race, gender, age, or beliefs,
- Ensure that the environments that we live and work in are cared for and protected in our laws,
- Ensure that everyone can see a doctor and receive the healthcare they need, regardless of their bank account balance,
- Ultimately, give all Australians a tool to challenge human rights abuses, creating a fairer future.
This is long overdue.
At Amnesty, we will continue to campaign for the legislation of a national Human Rights Act that transforms Australia’s approach to human rights, justice and equality.
Amnesty International is a global movement of more than 10 million people who take injustice personally. We are campaigning for a world where human rights are enjoyed by all – and we can only do it with your support.
Act now or learn more about a Human Rights Act.
