Property as a Fundamental Right in India, Europe and South Africa

Allen, Tom

doi:10.1080/10192557.2007.11788172

Cited by 5 publications

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“…The right to property is a common denominator throughout most of the legal systems of the world, which usually frame it as one of the fundamental liberties of the individual. Most constitutions have a strong entrenched guarantee of this right (ALLEN, 2007), which has played a tremendous role in the development of human norms and values.…”

Section: Land Rights As Property Rights: Protecting the 'Landed'?mentioning

confidence: 99%

Land Rights as Human Rights: The Case for a Specific Right to Land

Gilbert

2013

SSRN Journal

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Land rights have received some attention as an issue concerning property rights and have been considered a specifi cally important right for indigenous peoples and women, but a right to land is absent from all international human rights instruments. Th is article reviews how land rights have been approached from fi ve diff erent angles under international human rights law: as an issue of property right, as a specifi cally important right for indigenous peoples; as an ingredient for gender equality; and as a rallying slogan against unequal access to food and housing. By examining these diff erent approaches, the article proposes to identify the place of land rights within the international human rights instruments and jurisprudence as well as to examine why they have not been -and whether they should beincluded in such documents as a stand-alone and specifi c right to land.Original in English.

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Section: Land Rights As Property Rights: Protecting the 'Landed'?mentioning

confidence: 99%

Land Rights as Human Rights: The Case for a Specific Right to Land

Gilbert

2013

SSRN Journal

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Human Dignity and Property in Land—A Human Rights Approach

Davy

2017

India Studies in Business and Economics

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Property Rights and Social Justice

Walsh

2021

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Property Rights and Social Justice analyses 'progressive property' in action by examining the role of constitutional property rights guarantees in mediating private ownership and social justice. It combines insights from property theory with enlightening doctrinal analysis of the interaction between property rights and social justice in the constitutional and broader legal context. It does so through the prism of the Irish Constitution's property guarantees, which uniquely in the English-speaking, common law world both protect property rights and requires their regulation by the State to secure social justice. Through this analysis, the book grounds key debates in contemporary property theory in fresh, illuminating doctrinal examples, and enhances global debates about the constitutional protection of property rights. It argues that primacy is perhaps inevitably afforded to political determinations about the appropriate mediation of property rights and social justice, meaning that the political impact of constitutionalisation needs to be disentangled from its strict legal effects.

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Property as a Fundamental Right in India, Europe and South Africa

Cited by 5 publications

References 0 publications

Land Rights as Human Rights: The Case for a Specific Right to Land

Land Rights as Human Rights: The Case for a Specific Right to Land

Human Dignity and Property in Land—A Human Rights Approach

Property Rights and Social Justice

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