The limitation of human rights and fundamental freedoms of the communities involved in land grabbing regimes: an analysis in the light of the 1948 Universal Declaration of Human Rights

Abstract

This essay addresses the phenomenon of land grabbing, in relation to the Universal Declaration of Human Rights, adopted by the General Assembly of the United Nations on December 10, 1948. In particular, an analysis of this phenomenon and of its consequences on the protection of human rights and fundamental freedom is carried out. This first part of this essay is devoted to the general overview of the phenomenon at issue and to the identification of its characteristics. In the second part, it is examined the compatibility of land grabbing regimes with the exercise of human rights and fundamental freedoms, taking into account the relevant provisions of the 1948 United Nations Declaration. In the conclusions, on the one hand, it is analyzed the effectiveness of the Declaration in the light of the expansion of globalization and financialization of agriculture; on the other hand, solutions are proposed to promote sustainable investments and, therefore, to limit the negative effects on human rights derived from the implementation of land grabbing policies.