The concept of property or possessions should be construed broadly. The right to property thus covers various economic interests including ownership of immovable property, such as land and housing, movable property as well as intangible interests such as shares, patents, arbitration awards, pension entitlements etc. Intellectual property is also covered under the right to property.
Ownership of property confers several rights on the property owner. These include, but are not limited to, the following: the power to consume, sell, transfer, exchange as well as the power to exclude others from in anyway utilising the object of property. The right to property necessarily includes the right to have full access to one’s property as well as the right not to have one’s property invaded or encroached. Violations of the right to own property include for example confiscation or seizure of property without due process, discriminatory laws prohibiting women from owning property and barring a property owner from developing his/her land without reasonable cause.
Comprehensive:
Article 17(1) of the UDHR states: ‘Everyone has the right to own property alone as well as in association with others.’[1]The right to property is also recognised in regional human rights treaties.[2]The right to property is not included in the ICCPR or ICESCR apart from the right to intellectual property as recognised in article 15(1)(c) of the ICESCR. (See *protection of author’s rights*). Discrimination with regard to the right to own property is prohibited.[3] (*see access to credit and productive resources*; *unequal inheritance rights*).
The concept of property or possessions should be construed broadly. The right to property thus covers various economic interests including ownership of immovable property, such as land and housing, movable property as well as intangible interests such as shares,[4] patents,[5] arbitration awards,[6]pension entitlements[7] and welfare benefits that are not discretionary.[8]. (See *arbitrary exclusion from social security*). It can also include dwellings (and the goods inside them) erected in an illegal settlement.[9] Intellectual property is also covered under the right to property. There is, however, no right to acquire property through intestacy or voluntary disposition but discriminatory restrictions on inheritance or the giving of gifts are inadmissible.[10]
Ownership of property can be individual or in association with others. Communal land ownership is common among indigenous peoples and has been recognised by regional human rights bodies.[11] (See *ownership and possession of traditional lands*).
Ownership of property confers several rights on the property owner. These include, but are not limited to, the following: the power to consume, sell, transfer, exchange as well as the power to exclude others from in anyway utilising the object of property. The right to property necessarily includes the right to have full access to one’s property[12] as well as the right not to have one’s property invaded or encroached.[13] Property ownership laws will vary from country to country and also depending on the nature of the property interest being claimed.
As with other human rights, the right to own property can, in appropriate circumstances, be limited. It is generally recognised that the state can limit the enjoyment of the right to property where a supervening public purpose mandates the limitation. In such a case the concerned state must also provide adequate notice of the impending interference with the property rights as well as provide adequate compensation to the property owner(s) concerned where expropriation is involved. (See *arbitrary expropriation of property*).
A violation of the right to property is any action by someone else than the property owner which disturbs or disrupts the peaceful enjoyment of the property. Violations of the right to own property can take numerous forms with some violations being more blatant, for example confiscation or seizure of property without due process or discriminatory laws prohibiting women from owning property. Other violations can be more subtle such as the prolonged, barring of a property owner from developing his/her land without reasonable cause[14] and the failure of the authorities to give possession and title to a piece of land to a complainant following a court order to this effect.[15] (See *illegal confiscation, occupation or destruction of property*, *legal title*).
[2] ACHPR art 14; ECHR Protocol 1 art 1; ACHR art 21; Arab Charter art 31; EU CFR art 17.
[3] CERD art 5(d)(v); CEDAW arts 15(2), 16(1)(h). See also ICCPR art 26.
[4]Ivcher-Bronstein v Peru (IACtHR 2001) para 127; Bramelid and Malmström v Sweden applications 8588/79, 8589/79 (EComHR 1982) DR 29 81.
[5] Smith Kline and French Laboratories v Netherlands application 12633/87 (EComHR 1990).
[6]Stran Greek Refineries and StratisAndreadis v Greece application 13427/87 (ECtHR 1994)para 62.
[8]Stec v United Kingdom application 65731/01 (ECtHR (GC) 2006).
[9]Öneryildiz v Turkeyapplication 48939/99 (ECtHR (GC) 2004).
[10]Marckx v Belgium, application 6833/74 (ECtHR 1979) para 65.
[11]Sawhoyamaxa Indigenous Community v Paraguay (IACtHR 2006)para 120; Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v Kenya communication 276/2003 (ACHPR 2009) para 209.
[12]Loizidou v Turkey application 15318/89 (ECtHR 1996).
[13]Constitutional Rights Project and Others v Nigeria communications 140/94, 141/94 and 145/95 (ACHPR 1999) para 54.
[14]Sporrong and Lönnroth v Sweden application 7151/75; 7152/75 (ECtHR 1982) para 73.
[15]Gavrileanu v Romania application 18037/02 (ECtHR 2007) paras 53-56.
The concept of property or possessions should be construed broadly. The right to property thus covers various economic interests including ownership of immovable property, such as land and housing, movable property as well as intangible interests such as shares, patents, arbitration awards, pension entitlements etc. Intellectual property is also covered under the right to property.
Ownership of property confers several rights on the property owner. These include, but are not limited to, the following: the power to consume, sell, transfer, exchange as well as the power to exclude others from in anyway utilising the object of property. The right to property necessarily includes the right to have full access to one’s property as well as the right not to have one’s property invaded or encroached. Violations of the right to own property include for example confiscation or seizure of property without due process, discriminatory laws prohibiting women from owning property and barring a property owner from developing his/her land without reasonable cause.
Comprehensive:
Article 17(1) of the UDHR states: ‘Everyone has the right to own property alone as well as in association with others.’[1]The right to property is also recognised in regional human rights treaties.[2]The right to property is not included in the ICCPR or ICESCR apart from the right to intellectual property as recognised in article 15(1)(c) of the ICESCR. (See *protection of author’s rights*). Discrimination with regard to the right to own property is prohibited.[3] (*see access to credit and productive resources*; *unequal inheritance rights*).
The concept of property or possessions should be construed broadly. The right to property thus covers various economic interests including ownership of immovable property, such as land and housing, movable property as well as intangible interests such as shares,[4] patents,[5] arbitration awards,[6]pension entitlements[7] and welfare benefits that are not discretionary.[8]. (See *arbitrary exclusion from social security*). It can also include dwellings (and the goods inside them) erected in an illegal settlement.[9] Intellectual property is also covered under the right to property. There is, however, no right to acquire property through intestacy or voluntary disposition but discriminatory restrictions on inheritance or the giving of gifts are inadmissible.[10]
Ownership of property can be individual or in association with others. Communal land ownership is common among indigenous peoples and has been recognised by regional human rights bodies.[11] (See *ownership and possession of traditional lands*).
Ownership of property confers several rights on the property owner. These include, but are not limited to, the following: the power to consume, sell, transfer, exchange as well as the power to exclude others from in anyway utilising the object of property. The right to property necessarily includes the right to have full access to one’s property[12] as well as the right not to have one’s property invaded or encroached.[13] Property ownership laws will vary from country to country and also depending on the nature of the property interest being claimed.
As with other human rights, the right to own property can, in appropriate circumstances, be limited. It is generally recognised that the state can limit the enjoyment of the right to property where a supervening public purpose mandates the limitation. In such a case the concerned state must also provide adequate notice of the impending interference with the property rights as well as provide adequate compensation to the property owner(s) concerned where expropriation is involved. (See *arbitrary expropriation of property*).
A violation of the right to property is any action by someone else than the property owner which disturbs or disrupts the peaceful enjoyment of the property. Violations of the right to own property can take numerous forms with some violations being more blatant, for example confiscation or seizure of property without due process or discriminatory laws prohibiting women from owning property. Other violations can be more subtle such as the prolonged, barring of a property owner from developing his/her land without reasonable cause[14] and the failure of the authorities to give possession and title to a piece of land to a complainant following a court order to this effect.[15] (See *illegal confiscation, occupation or destruction of property*, *legal title*).
[1] See also CMW art 15, CPD art 5(3).
[2] ACHPR art 14; ECHR Protocol 1 art 1; ACHR art 21; Arab Charter art 31; EU CFR art 17.
[3] CERD art 5(d)(v); CEDAW arts 15(2), 16(1)(h). See also ICCPR art 26.
[4] Ivcher-Bronstein v Peru (IACtHR 2001) para 127; Bramelid and Malmström v Sweden applications 8588/79, 8589/79 (EComHR 1982) DR 29 81.
[5] Smith Kline and French Laboratories v Netherlands application 12633/87 (EComHR 1990).
[6] Stran Greek Refineries and StratisAndreadis v Greece application 13427/87 (ECtHR 1994)para 62.
[7] Five pensioners v Peru (IACtHR 2003)para 94.
[8] Stec v United Kingdom application 65731/01 (ECtHR (GC) 2006).
[9] Öneryildiz v Turkeyapplication 48939/99 (ECtHR (GC) 2004).
[10] Marckx v Belgium, application 6833/74 (ECtHR 1979) para 65.
[11] Sawhoyamaxa Indigenous Community v Paraguay (IACtHR 2006)para 120; Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v Kenya communication 276/2003 (ACHPR 2009) para 209.
[12] Loizidou v Turkey application 15318/89 (ECtHR 1996).
[13] Constitutional Rights Project and Others v Nigeria communications 140/94, 141/94 and 145/95 (ACHPR 1999) para 54.
[14] Sporrong and Lönnroth v Sweden application 7151/75; 7152/75 (ECtHR 1982) para 73.
[15] Gavrileanu v Romania application 18037/02 (ECtHR 2007) paras 53-56.