with the prohibition of discrimination. The provision on the right to nondiscrimination is found in Article 7 of the UDHR and Article 26 of the ICCPR.
This provision is also recognized in Article 5 of the International Covenant for
the Elimination of Racial Discrimination (ICERD) and specifically guarantees
“the right of everyone, without distinction as to race, color, or national or
ethnic origin, to equality before the law, notably in the enjoyment of […] the
right to own property alone as well as in association with others.”
Other Rights Affected by Property Deprivation
The ability to exercise many other rights, which are explicitly protected by
various treaties, is dependent upon exercising the rights associated with
property. These fundamental rights include, for example, the rights to an
adequate standard of living, family life, movement, food, work, and in some
cases, even life. The protection against arbitrary deprivation of property,
therefore, is also the basis for ensuring human dignity.
The unlawful confiscation of lands can directly affect people’s livelihoods
and work, especially in rural areas where many depend on agriculture and
husbandry. These acts can also significantly affect the right to food, if the main
source of food was the cultivation of lands, and movement, if confiscation
is accompanied by denial of use and access. When the confiscation affects
people’s homes, aside from the aforementioned rights, it also impacts the
right to protection from interference with privacy, family, and more generally,
the right to an adequate standard of living.
The Committee on Economic, Social and Cultural Rights (CESCR) summarized
that states must “recognize the right of everyone to an adequate standard
of living for himself and his family, including adequate food, clothing and
housing, and to the continuous improvement of living conditions.” The human
right to adequate housing, derived from the right to an adequate standard of
living, is of central importance for the enjoyment of all economic, social and
cultural rights.”42
Arbitrary or unlawful deprivation of property can, therefore, affect a myriad
of human rights, and the systematic violation of basic human rights can result
in displacement of those affected from their homes.
42 CESCR, General Comment No. 4: The Right to Adequate Housing (Art. 11 (1) of the Covenant),
(E/1992/23), 13 December 1991, available at: http://www.refworld.org/docid/47a7079a1.html
[accessed 18 September 2017].
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