The Human Right to Property
Theo R. G. van Banning
Abstract
Theo R. G. van Banning
Abstract
Many people do not consider the right to property a human right. Property rights are more often seen as a source of controversy. Even experts sometimes doubt the human rights character of the right to property. Is property a human right, if the state can deprive you of your property? To what extent can the state interfere with a human right such as the right to property? Is the right to property an essential right for all human beings? In that case, should all enjoy a minimum amount of property? This study intends to contribute to improved understanding of the right to property as a human right. It analyses the characteristics of the right to property. It tries to answer the question as to what extent the right to property is a social human right. The study concludes that the right to property is still a complex right, but much less controversial than in the past. Like all other human rights, the right to property entails state obligations to secure that, as much as possible, everyone can enjoy property rights. The right to property cannot be seen in isolation from other human rights such as the right to equality and the right to an effective remedy or to fair trial. The right to property is an important human right for everyone.
OpenAlex reports 27 citations for this work. Citation counts describe recorded attention and do not establish research quality.
A contribution statement is not available in the OpenAlex record.
Method details are not available in the OpenAlex metadata.
Findings are not separately available in the OpenAlex metadata.
Limitations are not available in the OpenAlex metadata.
Application details are not available in the OpenAlex metadata.
Many people do not consider the right to property a human right. Property rights are more often seen as a source of controversy. Even experts sometimes doubt the human rights character of the right to property. Is property a human right, if the state can deprive you of your property? To what extent can the state interfere with a human right such as the right to property? Is the right to property an essential right for all human beings? In that case, should all enjoy a minimum amount of property? This study intends to contribute to improved understanding of the right to property as a human right. It analyses the characteristics of the right to property. It tries to answer the question as to what extent the right to property is a social human right. The study concludes that the right to property is still a complex right, but much less controversial than in the past. Like all other human rights, the right to property entails state obligations to secure that, as much as possible, everyone can enjoy property rights. The right to property cannot be seen in isolation from other human rights such as the right to equality and the right to an effective remedy or to fair trial. The right to property is an important human right for everyone.
Key concepts: Property (philosophy), Property rights, Exclusive right, Right to property, Numerus clausus, Law and economics, Human rights, Public property