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[PDF] Legal Opinion: The Right to Property from a Human Rights Perspective
The aim of this legal opinion is to give a definition of the right to property from a human rights perspective. A survey of the right to property in international law, regional instruments and national constitutions will be followed by an analysis of the scope and content of the right to property and correlative States’ obligations. Special attention will be paid to the role of the right to property in the realization of other human rights, in particular the rights to food, adequate housing and social security... [The] Ogoni case deserves particular attention for the integrated approach that the African Commission took, also in respect of the correlative State’s obligations... [The] African Commission emphasized the duty of States to protect their citizens “not only through appropriate legislation and effective enforcement but also by protecting them from damaging acts that may be perpetrated by private parties”. [refers to Shell]