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Property Rights and the Protection of Subsistence in Article 1(2) of the Human Rights Covenants

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Property Rights and the Protection of Subsistence in Article 1(2) of the Human Rights Covenants. / Summers, James.

In: International Journal on Minority and Group Rights, 24.01.2019.

Research output: Contribution to journalJournal article

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@article{da60f29924834d83995f2c1b54b696ba,
title = "Property Rights and the Protection of Subsistence in Article 1(2) of the Human Rights Covenants",
abstract = "This article explores how property rights have informed the peoples' right to resources in Article 1(2) of the Human Rights Covenants. It examines practice in the interpretation of Article 1, as well as jurisprudence from the Inter-American and African human rights systems linking peoples' rights and the right to property. It also highlights the pivotal role of protection of subsistence in making this connection. The right to resources can draw from different forms of property, including private, public, communal and traditional forms. Property rights under Article 1 have also applied to a broad range of communities, including indigenous peoples, subsistence farmers, traditional property owners, ethnic minorities, as well as the general population of a state. The common feature of these communities is their vulnerability in the protection of their means of subsistence, and this has linked property rights with Article 1.",
keywords = "Article 1, Human Rights Covenants, indigenous peoples, right to dispose of resources, right to property, subsistence",
author = "James Summers",
year = "2019",
month = "1",
day = "24",
doi = "10.1163/15718115-02602007",
language = "English",
journal = "International Journal on Minority and Group Rights",
issn = "1385-4879",
publisher = "Martinus Nijhoff Publishers/ Brill Academic",

}

RIS

TY - JOUR

T1 - Property Rights and the Protection of Subsistence in Article 1(2) of the Human Rights Covenants

AU - Summers, James

PY - 2019/1/24

Y1 - 2019/1/24

N2 - This article explores how property rights have informed the peoples' right to resources in Article 1(2) of the Human Rights Covenants. It examines practice in the interpretation of Article 1, as well as jurisprudence from the Inter-American and African human rights systems linking peoples' rights and the right to property. It also highlights the pivotal role of protection of subsistence in making this connection. The right to resources can draw from different forms of property, including private, public, communal and traditional forms. Property rights under Article 1 have also applied to a broad range of communities, including indigenous peoples, subsistence farmers, traditional property owners, ethnic minorities, as well as the general population of a state. The common feature of these communities is their vulnerability in the protection of their means of subsistence, and this has linked property rights with Article 1.

AB - This article explores how property rights have informed the peoples' right to resources in Article 1(2) of the Human Rights Covenants. It examines practice in the interpretation of Article 1, as well as jurisprudence from the Inter-American and African human rights systems linking peoples' rights and the right to property. It also highlights the pivotal role of protection of subsistence in making this connection. The right to resources can draw from different forms of property, including private, public, communal and traditional forms. Property rights under Article 1 have also applied to a broad range of communities, including indigenous peoples, subsistence farmers, traditional property owners, ethnic minorities, as well as the general population of a state. The common feature of these communities is their vulnerability in the protection of their means of subsistence, and this has linked property rights with Article 1.

KW - Article 1

KW - Human Rights Covenants

KW - indigenous peoples

KW - right to dispose of resources

KW - right to property

KW - subsistence

U2 - 10.1163/15718115-02602007

DO - 10.1163/15718115-02602007

M3 - Journal article

JO - International Journal on Minority and Group Rights

JF - International Journal on Minority and Group Rights

SN - 1385-4879

ER -