The Right to Property: Taking Economic, Social and Cultural Rights Seriously
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: property is a human right; it includes private property as one of its forms, but this is not the only one; property has a social function; and potential clashes between property and other rights, including ESCR, should be dealt with in accordance with the principles of proportionality and public interest.
About the speaker:
Dr. Koldo Casla is a Lecturer in Law at the University of Essex and the Director of the Human Rights Centre Clinic. He also leads the ‘Human Rights Local’ project at the Human Rights Centre. Between 2017 and 2019, he was a Research Associate at the Institute of Health & Society of Newcastle University, where he co-drafted the first Bill on Economic, Social and Cultural Rights in the UK.
About the monthly EVICT talks:
On the third Thursday of every month, we will have a speaker on a topic related to evictions, the right to housing, housing law, the (complex) relation between international law and national law, and/or data science. Each month, we will have a different international speaker (ranging from scholars to practitioners) who will offer fascinating insights into their area of expertise.
For now, the talks will be held online. Each of these talks will begin at 4:00 pm and end at 5:00 pm (Amsterdam/Berlin/Paris, UTC+01:00).
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