Concluding Remarks

The relevance of protection of property rights for a life in dignity has amply been demonstrated by the cases discussed in this chapter. The protection of property is essential for individuals to live in security. The protection raises, however, numerous issues related to terminology and concepts. It also raises questions related to different forms of security such as social security.

It is expected that the large stream of property cases before the European Court will continue and be joined in due time by more cases before the Inter-American Commission and Court and the African Commission and Court. Major issues that are likely to be raised are the following:

  • the meaning of property, notably in relation to social security issues;
  • the discussion as to what constitutes an expropriation or deprivation;
  • the concept of limitations or control or encroachment;
  • the definition of compensation and the question how to deal with violations in the distant past; and
  • the protection of common property or property held by a number of persons collectively.

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