THE RIGHT TO PROPERTY UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS: CONCEPT AND SCOPE OF THE RIGHT

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THE RIGHT TO PROPERTY UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS: CONCEPT AND SCOPE OF THE RIGHT

Journal Title: Scientific Work - Year 2024, Vol 18, Issue 3

Abstract

Abstract The right to property protects the fundamental values of human rights as well as it has come to establish and ensure the freedom of economic and other relations in society within the framework of human dignity and justice. For this reason, the right to property has always taken its place in human rights declarations. Throughout history, those involved in legal systems and jurisprudence have sought an unchangeable concept and definition of “property” that is valid for all times, places, and societies. However, they could not achieve it. The constant change and development of traditions and conceptions from the earliest civilization to the present day is the main reason. Despite the divergent opinions of the drafters, the inclusion of the right to property in the text of the Convention was ultimately achieved by Article 1 of Protocol No. 1 to the Convention, signed on 20 March 1952. It is clear from the case law of the ECHR that the concept of “possessions” extends beyond the mere ownership of physical goods; certain other rights and interests constituting assets can also be regarded as “property rights” and thus as “possessions”, in respect of which the applicants may assert that they have at least a “legitimate expectation”.

Authors and Affiliations

Asmar Mammadli

Keywords

EP ID EP748916
DOI 10.36719/2663-4619/100/165-171
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