A Child’s Right To Shelter

In Australia neither state or federal law provides a right to shelter for children. This is a legal plight that leaves thousands of children (most of whom are unaccompanied and on their own without parents) on the street each year. According to the latest data from the Australian institute of health and welfare in 2023-24 around 13,300 (17% of all people who accessed homelessness services) were UNACCOMPANIED children, and just in the 2021 census children under 12 made up 14.4% of the national homeless population. Whilst on the street, homeless children especially those unaccompanied whilst homeless are at significantly higher risk for sexual exploitation and child trafficking as well as sexual/physical assault.

The only legal duty the Australian government has to provide shelter to children, is when a child protection agency is involved with the child’s circumstances. However we understand that the child protection system has and is grossly losing the fight to protect children’s fundamental rights to safety and life. The data shows that between 2002-2012 186 children were killed by their parents and that around 20 children each year are killed by their parents (source: Australian Institute for health and welfare). Furthermore between 2012-2024 over 500 children who had reached out for homeless support had died (with the main cause being suicide) (source: Homelessness Australia)

By legislating into federal Australian law a right for children to shelter, this will force the Australian government to:

1. Act in accordance with the international conventions we as a state are a signatory to that guarantee children a legal right to shelter. (article 27 paragraph 3 of the rights of the child 1989 convention)
2. Practically compel the Australian government to invest more within child specific homeless services to avoid constant litigation.
3. Mandate that Homeless shelters, services cannot turn away homeless children.
4. Effectively mitigate the legal loophole that unaccompanied homeless children face, who are forced onto the street after child protective services have failed in adressing the child’s at home circumstances.

How we can fix this, by federally legislating the right to shelter for children across this country. Share this petition far and wide and get in contact with your FEDERAL MPs, as well as the housing minister Claire O’Neil.

Here is her email - clare.oneil.mp@aph.gov.au