Reconsidering the Right to Own Property

Howard-Hassmann, Rhoda E.

doi:10.1080/14754835.2013.784667

Cited by 20 publications

(4 citation statements)

References 23 publications

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“…As such, right to property is a strategic human right that protects other human rights. 26 So what is right to property? Wilson says that "property rights are an effect of property" and defines property as a tradition that is learned and socially taught in each generation.…”

Section: Right To Propertymentioning

confidence: 99%

Comparative Analysis of Jurisprudence on Interventions to the Right to Property Through Taxation: The Constitutional Court of Türki˙ye and European Court of Human Right

Hayrullahoğlu

2024

CONSREV

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Fundamental rights and freedoms of individuals are guaranteed in both constitutions and international treaties. One of the most important treaties protecting fundamental rights and freedoms is the European Convention on Human Rights (ECHR). Türkiye, which adopts a monist understanding, is one of the countries that are party to the ECHR. Since it was founded in 1959, Türkiye has been one of the three countries that are subject to the most judgments by the European Court of Human Rights (ECtHR). In order to make this bad record better and to protect fundamental rights and freedoms more effectively, the individual application mechanism to the Constitutional Court has been entered into force in Türkiye since 2012. This paper argues whether the case law of the Constitutional Court of the Republic of Türkiye, which is necessary to reduce the applications made to the ECtHR against Türkiye and the violation decisions given by the ECtHR, is compatible with the case law of the ECtHR. The paper analyses the right to property, which is one of the most related rights to taxes, and focuses only on tax interventions to this right. The right to property is important not only because it is directly related to taxes, but also because it is the second most violated right among the violation decisions made by the ECtHR against Türkiye between 1959-2022, after the right to a fair trial. The methodology employed is based on a comparative jurisprudential analysis of the Constitutional Court of the Republic of Türkiye and ECtHR. In this way, the similarities and differences between the way the two courts dealt with the cases in the interventions to the right to property through taxes can be analyzed. As a result, it is understood that both Courts treat the right to property in the same way, but the Turkish Constitutional Court adopts a stricter and more protective interpretation than the European Court of Human Rights in terms of legality criteria.

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Section: Right To Propertymentioning

confidence: 99%

Comparative Analysis of Jurisprudence on Interventions to the Right to Property Through Taxation: The Constitutional Court of Türki˙ye and European Court of Human Right

Hayrullahoğlu

2024

CONSREV

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“…116 According to Howard-Hassmann, Resolution 45/98 "did not generate much further interest, leaving the right to own property in abeyance." 117 In fact, the General Assembly never again adopted a resolution on the right to own property. 118 However, one consequence of Resolution 45/98 was that it led to the appointment of an independent expert by the then Commission on Human Rights, Luis Valencia Rodríguez, who presented his report in November 1993.…”

Section: A the Necessary Acceptance Of Property As A Human Rightmentioning

confidence: 99%

The Right to Property Taking Economic, Social, and Cultural Rights Seriously

Casla¹

2023

Human Rights Quarterly

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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.

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“…The profit motive must not be permitted to override workers' rights; that it often does so is one reason so many women working in export processing zones (EPZs) suffer such appalling working conditions. Property rights must not be extended to mean governments cannot control who owns property and under Downloaded by [Wilfrid Laurier University] what conditions, so that, for example, men can sell land on which women had had usufruct rights to either local or global buyers (Howard-Hassmann 2011a). Globalization ought to be regulated by the state, by international law, and by international organizations, in order to control rampant capitalist exploitation.…”

Section: Downloaded By [Wilfrid Laurier University] At 12:35 05 July mentioning

confidence: 99%

Accentuating the Negative: Reply to Hertel and Arat

Howard-Hassmann¹

2011

Journal of Human Rights

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Although my article is an overview of several aspects of women's international human rights from 1970 to 2010, Shareen Hertel and Zehra F. Kabasakal Arat focus predominantly on my section on globalization, only one of the article's six sections. In so doing, they accentuate the negative effects of economic globalization on women, downplaying evidence of positive effects. I will attempt here to address many of their objections to my analysis of globalization and women's rights, arguing for a more nuanced approach than they adopt, looking at both sides of the picture. Arat notes that I do not offer a formal definition of globalization. I do make clear in the introduction to my section on globalization that I consider not only its economic but also its political, legal, and social aspects. For the record, however, I have referred elsewhere to the following as aspects of globalization: • The expanding world market and international trade and capital flows • Transnational corporations • Institutions of global governance, including the international law of human rights, international financial institutions (IFIs), and international organizations (IOs) established to regulate the market

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Reconsidering the Right to Own Property

Cited by 20 publications

References 23 publications

Comparative Analysis of Jurisprudence on Interventions to the Right to Property Through Taxation: The Constitutional Court of Türki˙ye and European Court of Human Right

Comparative Analysis of Jurisprudence on Interventions to the Right to Property Through Taxation: The Constitutional Court of Türki˙ye and European Court of Human Right

The Right to Property Taking Economic, Social, and Cultural Rights Seriously

Accentuating the Negative: Reply to Hertel and Arat

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