Private property and human rights: A mismatch in the 21st century?

Abstract

This article explores the future of private property in land in the context of the United Nations' (UN) human rights framework. I examine the historical and current debate, and show why it is difficult to come to a definitive conclusion on a matter that has been so central to social and political philosophy. Among the questions that frame this investigation is the relevance of 18th century property‐related human rights concepts in the 21st century, where the poor are increasingly residents of informal settlements in mega‐cities. I critically assess the wording and adoption of Article 17 in the Universal Declaration of Human Rights. I further examine the formal actions of the UN to demonstrate the confusion that exists about the role of private property. Then, I argue that private property is a human right, but this does not mean that it will take the form that it does in Western societies.