• Property’s Relation to Human Rights

      Rose, Carol M.; Univ Arizona, Law Coll (ROUTLEDGE, TAYLOR & FRANCIS GROUP, 2019)
      How does property relate to human rights? Is property itself a human right, or contrariwise, an impediment to other human rights? or is the relationship something else? This chapter explores three areas in which property has raised controversies in modern human rights discussions: first, property’s connection to traditional groups’ claims to protect cultural identity; second, property’s role respecting human rights claims to social and economic rights; and finally, the role of property protection in deflecting other human rights abuses. This paper argues that in all these instances, property’s relation to human rights is best treated pragmatically, framing particular issues by inquiring about the ways in which property might or might not support other human rights claims—an inquiry that sometimes leads to unexpected results.