Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Right to Property

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The right to property is essential in a democratic society based on a free-market economy. Social progress and development require acknowledgement of the social function of property, of forms of ownership of land, and of an equal right to property for all. The right to property was included in the Universal Declaration on Human Rights, but not directly mentioned in the International Covenant for Civil and Political Rights (ICCPR) or the International Covenant for Economic, Social and Cultural Rights (ICESCR) as a specific right. The European Court of Justice has to a large extent adopted the approach of the European Court of Human Rights (ECtHR) by observing that "[t]he right to property is one of the fundamental rights protected by the Court. The scope of the right to property and contents of permissible limitations is defined through numerous decisions, mainly from the ECtHR.

Keywords:European Court of Human Rights (ECtHR); European Court of Justice; human rights; ICCPR; ICESCR; property



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Human Rights Monitoring — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation