Article 1 of Protocol 1, Right to peaceful enjoyment of your property
The protection of property gives every person the right to peaceful enjoyment of their possessions. This imposes an obligation on the State not to:
● interfere with peaceful enjoyment of property;
● deprive a person of their possessions; or
● subject a person’s possession to control.
The concept of property and possessions includes tangible things like land and money but also includes contractual rights; shares; leases; claims for compensation; intellectual property rights; statutory rights to benefits etc.
The genuine, effective exercise of this right does not only depend on the State’s duty not to interfere, but it may also require positive measures to protect property to be taken. This is particularly the case where there is a direct link between the negligence that leads to property destruction may breach this right.
This right also imposes an obligation on the government to take necessary and reasonable steps to protect property, for example in the event of natural disasters.
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