Definition Right to property

1 definition

1.1 europe
1.2 latin america
1.3 africa
1.4 international conventions

definition

the right property 1 of controversial human rights, both in terms of existence , interpretation. controversy definition of right meant not included in international covenant on civil , political rights or international covenant on economic, social , cultural rights. controversy centres upon deemed have property rights protected (e.g. human beings or corporations), type of property protected (property used purpose of consumption or production), , reasons property can restricted (for instance, regulations, taxation or nationalisation in public interest). in human rights instruments, either implicit or express restrictions exist on extent property protected. article 17 of universal declaration of human rights (udhr) enshrines right property follows:

the object of right property understood nowadays, consists of property owned or possessed, or of property acquired or acquired person through lawful means. not in opposition in contrast this, proposals defend universal right private property, in sense of right of every person receive amount of property, grounded in claim earth s natural resources or other theories of justice.

europe

after failed attempts include right protection of property in european convention on human rights (echr) european states enshrined right protection of property in article 1 of protocol echr right peaceful enjoyment of possessions , right protection of property defined as:

therefore, european human rights law recognises right peaceful enjoyment of property, makes deprivation of possessions subject conditions, , recognises states can balance right peaceful possession of property against public interest. european court of human rights has interpreted possessions include not tangible property, economic interests, contractual agreements economic value, compensation claims against state , public law related claims such pensions. european court of human rights has held right property not absolute , states have wide degree of discretion limit rights. such right property regarded more flexible right other human rights. states degree of discretion defined in handyside v. united kingdom, heard european court of human rights in 1976. notable cases european court of human rights has found right property having been violated include sporrong , lonnroth v. sweden, heard in 1982, swedish law kept property under threat of expropriation extended period of time. highest economic compensation, following judgment of strasbourg court on matter, given (1,3 million euro) in case beyeler v. italy.

latin america

when text of udhr negotiated latin american states argued right property should limited protection of private property necessary subsistence. suggestion opposed, enshrined in american declaration of rights , duties of man, negotiated @ same time , adopted 1 year before udhr in 1948. article 23 of declaration states that:

the definition of right property heavily influenced western concepts of property rights, because property rights vary considerably in different legal systems has not been possible establish international standards on property rights. regional human rights instruments of europe, africa , americas recognise right protection of property varying degrees.

the american convention on human rights (achr) recognises right protection of property, including right compensation . achr prohibits usury , other exploitation, unique amongst human rights instruments. article 21 of achr states that:

africa

the african charter on human , peoples rights (achpr) protects right property explicitly in article 14, stating that:

property rights furthermore recognised in article 13 of achpr, states every citizen has right participate freely in government of country, right equal access public services, , right of access public property , services in strict equality of persons before law . article 21 of achpr recognises right of peoples freely dispose of wealth , natural resources, , right shall exercised in exclusive interest of people, may not deprived of right. article 21 provides in case of spoliation dispossessed people shall have right lawful recovery of property adequate compensation.

international conventions

property rights recognised in international convention on elimination of forms of racial discrimination states in article 5 has right equality before law without distinction race, colour , national or ethnic origin, including right own property alone in association others , right inherit . convention on elimination of forms of discrimination against women recognises property rights in article 16, establishes same right both spouses ownership, acquisition, management, administration, enjoyment , disposition of property, , article 15, establishes women’s right conclude contracts.

property rights enshrined in convention relating status of refugees , convention on protection of rights of migrant workers , members of families. these international human rights instruments minorities not establish separate right property, prohibit discrimination in relation property rights such rights guaranteed.