Private property and human rights: A mismatch in the 21st century?

Abstract

This article explores the future of private property in land in the context of the United Nations' (UN) human rights framework. I examine the historical and current debate, and show why it is difficult to come to a definitive conclusion on a matter that has been so central to social and political philosophy. Among the questions that frame this investigation is the relevance of 18th century property‐related human rights concepts in the 21st century, where the poor are increasingly residents of informal settlements in mega‐cities. I critically assess the wording and adoption of Article 17 in the Universal Declaration of Human Rights. I further examine the formal actions of the UN to demonstrate the confusion that exists about the role of private property. Then, I argue that private property is a human right, but this does not mean that it will take the form that it does in Western societies.

Property and Social Citizenship: Social Policy beyond the North

“…At the international level, the right to private property was opposed by socialist blocs in the formulation of the United Nation's Declaration of Human Rights (Jacobs, 2013;Davy, 2014). Thus, despite recognition of the right to property in the UDHR (Article 17), it is a 'binding law only with regard to particularly vulnerable humans' (Davy, 2014: 11).…”

Arbitrary Power, Arbitrary Interference and the Abuse of Power: Corruption, Natural Rights and Human Rights

“…All that said, human rights law equivocates on the significance of the right to private property (Jacobs, 2013). For our purposes here, the problem is not the allegedly weak protections offered by human rights of property against state expropriation and taxationa common lament of libertarians (Mchangama, 2011).…”

“…This opens the question of why private property rights went unprotected in the major Covenants, given their presence in the Declaration (and given the previous discussion about arbitrary power). History suggests that states negotiating the Covenants agreed in principle to the idea of protecting property, but were confronted with contestation on many of the particulars raised by such a right (Jacobs, 2013). There are, for example, many different forms of property rights, including common property, community-property, resource property rights (hunting, fishing, riparian, mining, tree-felling etc.…”

Property, human rights law and land surveyors

“…An 'economic, social and cultural' right requires the State to implement a policy that all citizens in society can have access to it. Human rights theorists have argued that the right to property is an economic, social and cultural right (Chevenal, 2006;Wickeri and Kalhan, 2010;Cruft, 2009;Jacobs , 2013;Joireman and Brown, 2013), which-as article 2.1 of the Covenant says-should be realised progressively. That brings (Cruft, 2009) and (Montgomery, 2002) to the question whether there exists a hierarchy of human rights, in which certain rights (e.g.…”

“…In general, many human rights are considered to be interdependent, indivisible and interrelated (UN/Habitat, 2014). That counts for the human right to a home, work, privacy, dignity and alike, but also for the link between the right to housing and the right to property (Jacobs, 2013). The right to housing is generally considered being broader, because it aims at providing adequate shelter for everyone, not just property owners.…”