From Housing to Justice: Why a Human Rights Lens Matters for South Australia’s Children

By Sarah Moulds, acknowledging the work of Wathma Kumarage, Mylah Shane Mendoza, Meng Zhao, Jiamei Bai, Catherine Rosales, Sandra Sajeev, and Jannelle Sawtell

Last month, a group of final-year Social Work students came together to discuss a question that cuts to the heart of social justice: How can a human rights approach help address access to housing for vulnerable groups in South Australia? They spoke about the housing crisis—how rising costs have pushed even low to middle-income households to the brink, and how this crisis hits hardest for those with complex needs, unstable incomes, and little support from family or community.

Their excellent work is now available for Rights Resource Network SA members to access in Standing Briefing Note #12 on Youth Justice and Standing Briefing Note #13 on Housing.

Their message was clear: when systems fail to provide safety and stability, the consequences ripple far beyond housing. They reach into every corner of life—including the justice system.

One young person’s words make that link painfully real:

“I had no idea who to reach out to or where to go. I slept on the streets and had no choice but to go back to the foster carer. All kids should know where to go to seek help.”

This isn’t just a story about homelessness—it’s a story about how disconnection and neglect feed cycles of vulnerability and justice involvement.

Hear the words of those with lived experience in this video

South Australia’s youth justice system reflects these same structural failures. With no Human Rights Act and an age of criminal responsibility set at just ten years old, children are drawn into a system that punishes disadvantage. In 2023–24, 85% of young people in custody were on remand, some because they had nowhere else to go. First Nations children—just 5.4% of the state’s youth population—made up 54% of those under supervision. These figures paint a painful picture of poverty, racism, and systemic neglect.

Inside detention, conditions breach basic standards of dignity: children confined for up to 23 hours a day, medical care delivered through “cuff traps,” and education reduced to a single hour because of staff shortages.

“They lock disability kids up in here, bro. It’s shameful,” said one young person in a report published by the Guardian of Children in Young People. These are not isolated failures—they are systemic.

And when children leave detention, the cliff edge is steep. Without housing, income, or therapeutic support, many end up homeless or back in unsafe environments. Centrelink payments are suspended during custody, and reactivation requires documents most don’t have. The result? Cycles of vulnerability and reoffending. Instead of a bridge back to community, the system delivers disconnection.

Other states show us what’s possible. Victoria and Queensland, guided by human rights legislation, have invested in diversion programs, bail support, and multi-agency panels that keep children out of cells and connected to care. These reforms work because they start from a simple truth: children are not problems to be contained—they are people to be supported.

South Australia needs that same shift. A rights-based framework could transform youth justice here, embedding dignity and participation at every stage. Practical steps are already on the table. The Bail Accommodation Access Program (BAAP) would ensure that no child is held in custody simply because they have nowhere to sleep. It’s a simple but powerful idea: secure safe, culturally appropriate housing within 72 hours of bail approval, backed by real-time coordination and accountability. Alongside this, the Vulnerable Youth Intervention and Post-release Support Panel (VYIP) would bring agencies together—Youth Justice, Housing SA, disability services, education, and Aboriginal community organisations—to create a seamless transition plan for every child leaving detention. These initiatives aren’t just policy proposals; they are lifelines that could turn a moment of crisis into a pathway of hope.

The call to action is clear:

If we believe housing is a human right, then justice must be too. Policymakers, service providers, and community advocates must work together to embed human rights into every decision—because when we fail to uphold these rights, we fail our children. And when we centre dignity—whether in housing policy or youth justice reform—we create systems that heal rather than harm. The time for incremental change has passed. South Australia needs bold, rights-based reform now.

And that reform must include a Human Rights Act for South Australia. Joining the growing coalition calling for such a law is a vital step toward ensuring that dignity, equality, and accountability are not optional—they are guaranteed. Learn more and add your voice here.

Read the detailed briefings here: Standing Briefing Note #12 on Youth Justice and Standing Briefing Note #13 on Housing.