Introduction to Property, Power and Human Rights

This book examines the human right to property, questioning its claims to universalism within international human rights. It challenges the prevailing abstract legal notion of property as a private, individual, and alienable entitlement, commonly seen in Western liberal capitalist economies. Instead, it advocates for a lived universalism that draws from the concrete experiences and needs of marginalized people, recognizing property as a means of social participation. The study critiques the conflation of liberal property rights with the human right to property, highlighting how the abstract language in international human rights law disconnects from lived realities. Through analyses of regional case law, the book uncovers instances where adjudicative bodies have embraced lived experiences, leading to a more inclusive and contextual understanding of the right to property. By including the perspectives of those traditionally silenced or underrepresented, the book advocates for a dialogical approach to human rights—one that addresses power dynamics and empowers the most vulnerable.