The Right to Property Taking Economic, Social, and Cultural Rights Seriously

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. The proposal contains four propositions. Firstly, property is a human right. Secondly, it includes private property as one of its forms, but this is not the only one. Thirdly, property has a social function. And fourthly, as a matter of proportionality, fulfilling ESCR is one of the most important objectives that may justify the limitation of private property.