Human rights are rights we all have by virtue of existing. We all deserve to free and equal. We all have a right to life. We all have the same right to use law. We also all have the right to use or not use our property. In fact, our right to our property can be seen as fundamental to all of our other human rights.
I am writing this article during the Russian invasion of Ukraine. We all have seen the brutality of this invasion and numerous human rights have been abused. Obviously, right to life and liberty. However, the deprivation of the Ukrainians’ right to property is also extremely serious. People, families, and institutions have had all that they own and all of their work destroyed or stolen. This is frequently shared by the Ukrainians along with their loss of life and limb. The truth is that our property is extremely important to our lives.
I have tried to come up with the most eloquent way to talk about this, but I think it has been more eloquently put by others. I will include these quotes now.
First, the International Centre for Human Rights and Democratic Development & Geneva Academy of International Humanitarian Law and Human Rights has published an article on the right to property from a human rights perspective. They state, “The concept of property rights is often associated with commercial rights protecting corporate ownership of goods, land, or scientific innovation. However this narrow reading obscures the importance of the right to property as a human right and the social function of property as a dimension of other human rights including the human rights to food, housing and social security. The authors conclude that the human right to property has two main components: on one hand it is essential for the protection of human life and dignity, and on the other hand it may be limited in order to resolve social injustices and advance the human rights of specific disadvantaged individuals or groups. “
In the Swiss Human Rights Book volume 1, the concept of property rights as human rights is discussed by many different scholars. “Today, important texts of international law unequivocally state the right to private property. The “Universal Declaration of Human Rights” stipulates that “Everyone has the right to own property alone as well as in association with others” and that “No one shall be arbitrarily deprived of his property.” According to the “European Convention for the Protection of Human Rights and Fundamental Freedoms” “Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his [or her] possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.” The “American Declaration on the Rights and Duties of Man” states that “Every person has a right to own such private property as meets the essential needs of decent living and helps to maintain the dignity of the individual and of the home.” The “American Convention on Human Rights” holds that “Everyone has the right to the use and enjoyment of his property. The law may subordinate such use and enjoyment to the interest of society.” It further provides that “No one shall be deprived of his property except upon payment of just compensation, for reasons of public utility or social interest, and in the cases and according to the forms established by law.” The same legal intention is expressed in the “African [Banjul] Charter on Human and Peoples’ Rights” when it holds that “The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.” In the context of peace-building and in dealing with the complex situation of refugees and internally displaced persons (“IDPs”), property restitution is considered an important human rights issue. According to representative texts of the international community, there is no just peace without the institution of private property and without the restitution of arbitrarily expropriated property or an equivalent compensation for expropriated goods.”
The Icelandic Human Rights Centre states, “In international co-operation the issue of property protection is increasingly receiving attention. The fact that property protection contributes to economic security and can stimulate growth is a significant element in this context. Projects that may contribute to improved protection, e.g., through titling, as well as projects that lead to better access to effective remedies, are increasingly receiving support. Compliance of states with positive obligations in connection with property rights should of course be focused on the position of those who cannot live in dignity, as a result of deprivation or the absence of possessions.”
The Foundation for Economic Education rightly states, “property rights, far from being in conflict, are in fact the most basic of all human rights.”
An interesting article in Forbes dealt with the question as well, “Property rights depend on the principle that you own yourself. If you own yourself, then you own the fruit of your labor.”
As a final note. The international logo for human rights is a hand holding a bird. The bird is meant to represent freedom. The hand holding the bird indicates ownership or possession.
I hope that the reader is thoroughly convinced that property rights are inseparable from human rights and deserve defense and advocacy to the same extent as other human rights.