Casla, Koldo (2023) The Right To Property Taking Economic, Social and Cultural Rights Seriously. Human Rights Quarterly, 45 (2). pp. 171-204. DOI https://doi.org/10.1353/hrq.2023.0010
Casla, Koldo (2023) The Right To Property Taking Economic, Social and Cultural Rights Seriously. Human Rights Quarterly, 45 (2). pp. 171-204. DOI https://doi.org/10.1353/hrq.2023.0010
Casla, Koldo (2023) The Right To Property Taking Economic, Social and Cultural Rights Seriously. Human Rights Quarterly, 45 (2). pp. 171-204. DOI https://doi.org/10.1353/hrq.2023.0010
Abstract
The right to property is part of International Human Rights Law (IHRL). However, the right is conspicuously missing from some fundamental treaties, and there are important inconsistencies in its interpretation by regional and global human rights bodies. In light of the indeterminacy and polysemy of IHRL in relation to property, this paper articulates a proposal to rethink this right taking Economic, Social and Cultural Rights (ESCR) seriously: property is a human right; it includes private property as one of its forms, but this is not the only one; property has a social function; and potential clashes between property and other rights, including ESCR, should be dealt with in accordance with the principles of proportionality and public interest.
Item Type: | Article |
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Uncontrolled Keywords: | Economic, Social and Cultural Rights; International Human Rights Law; Property; Social Function |
Divisions: | Faculty of Humanities Faculty of Humanities > Essex Law School |
SWORD Depositor: | Unnamed user with email elements@essex.ac.uk |
Depositing User: | Unnamed user with email elements@essex.ac.uk |
Date Deposited: | 06 Oct 2022 11:35 |
Last Modified: | 25 May 2023 11:06 |
URI: | http://repository.essex.ac.uk/id/eprint/33614 |
Available files
Filename: koldo casla 2022 property ESCR for HRQ.pdf