Protection of Property Under the European Convention on Human Rights

Grünwald, Vladimíra Pejchal

doi:10.1007/978-3-319-31739-7_88-1

Cited by 1 publication

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“…Minimum standards would, it was hoped, emerge through the case law. 40 To date, the European Court of Human Rights jurisprudence has maintained a wide margin of appreciation for states in this respect. The standards which have emerged generally focus around the processes by which property rights are impacted by the state, rather than the purposes of state action.…”

Section: (2) Salvesen V Riddell (2013)mentioning

confidence: 99%

9 Property Rights and Human Rights in Scottish Land Reform

McCarthy¹

2020

Land Reform in Scotland

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The realisation of many human rights is impossible without land. A cursory glance at Scotland's international human rights obligations, which include protections in respect of health, housing, employment and property itself, makes clear that careful management of this critical and limited resource will be essential for fulfilment of these obligations to the greatest extent possible. The centrality of this relationship is recognised in Scotland's first Land Rights and Responsibilities Statement (LRRS), which sets out in its opening paragraph that:The overall framework of land rights, responsibilities and public policies should promote, fulfil and respect relevant human rights in relation to land, contribute to public interest and wellbeing, and balance public and private interests. The framework should support sustainable economic development, protect and enhance the environment, help achieve social justice and build a fairer society. 1 Appendix A to the LRRS clarifies the legal instruments in which 'relevant' human rights are identified, including international, European and domestic sources. 2 The LRRS's Advisory Notes and case studies provide examples of what a 'human rights approach'in other words, an approach which actualises rights across the spectrum to the greatest extent possibleto

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Section: (2) Salvesen V Riddell (2013)mentioning

confidence: 99%

9 Property Rights and Human Rights in Scottish Land Reform

McCarthy¹

2020

Land Reform in Scotland

View full text Add to dashboard Cite

show abstract

Protection of Property Under the European Convention on Human Rights

Cited by 1 publication

References 1 publication

9 Property Rights and Human Rights in Scottish Land Reform

9 Property Rights and Human Rights in Scottish Land Reform

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