The Human Right to PropertyMany people do not consider the right to property a human right. Property rights are more often seen as a source of controversy. Even experts sometimes doubt the human rights character of the right to property. Is property a human right, if the state can deprive you of your property? To what extent can the state interfere with a human right such as the right to property? Is the right to property an essential right for all human beings? In that case, should all enjoy a minimum amount of property? This study intends to contribute to improved understanding of the right to property as a human right. It analyses the characteristics of the right to property. It tries to answer the question as to what extent the right to property is a social human right. The study concludes that the right to property is still a complex right, but much less controversial than in the past. Like all other human rights, the right to property entails state obligations to secure that, as much as possible, everyone can enjoy property rights. The right to property cannot be seen in isolation from other human rights such as the right to equality and the right to an effective remedy or to fair trial. The right to property is an important human right for everyone. |
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Africa Almeida Garrett arguments Article P1-1 assets basis civil Commission common property compensation compliance with positive comply concept consensus Council of Europe Covenant Cultural Rights decision defined degree deprivation developing countries differentiation discussed distribution drafting ECHR economic effective remedy eigendom elements enabling environment enjoy enjoyment of property entitlements equality European Commission European Convention European Court example expropriation forms formulated freedom human rights law important individual instance interaction interest interference international law justiciable large scale legislation limited Loizidou vs Turkey margin of appreciation measures Netherlands NJCM owner ownership participation persons policies positive obligations positive state obligations poverty practice principles private property promote property protection property rights protection of property question relevant result right to property role Section social rights social security Soto standards stipulates substantial supervision mechanisms Tanzania taxes UDHR Universal Declaration violation wealth whereby World Bank