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Download the file - United Nations Rule of Law

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EXECUTIVE SUMMARYProperty Rights are Human Rights‘Everyone has <strong>the</strong> right to own property alone as well as in association with o<strong>the</strong>rs … .No one shall be arbitrarily deprived <strong>of</strong> his property.’ 1Property rights must be understood as afundamental human right. 2 The body andmind are <strong>the</strong> first and most immediateproperty <strong>of</strong> persons and thus respect for thisproperty is related to <strong>the</strong> respect <strong>of</strong> <strong>the</strong> integrity<strong>of</strong> <strong>the</strong> individual. 3 Throughout history <strong>the</strong> idea<strong>of</strong> human rights has developed in close associationwith <strong>the</strong> idea <strong>of</strong> private property rights. 4Early defenders <strong>of</strong> human rights consideredproperty rights as important as freedom <strong>of</strong> religionand freedom <strong>of</strong> speech. But <strong>the</strong> majority <strong>of</strong><strong>the</strong> world’s population does not have adequateaccess to secure property rights, and <strong>the</strong>ir realisationremains an arena for social and politicalcontestation.Absence <strong>of</strong> Property Rights andPovertyThe absence or insecurity <strong>of</strong> property rights is acentral and ubiquitous cause <strong>of</strong> poverty, not onlyin <strong>the</strong> very poorest states, but also in middleincomecountries such as Brazil, Russia, Indiaand China. 5 The relationship between absence <strong>of</strong>property rights and poverty is moving from argumentand anecdote to comparative analysis andmeasurement. Secure property rights facilitateeconomic transactions, ensure efficient and sustainableresource use, allow for <strong>the</strong> evolution <strong>of</strong>effective credit markets, improve business climateand investment opportunities, and ensure economicaccountability and transparency. Equally,<strong>the</strong> absence <strong>of</strong> such rights undermines economicdevelopment and hinders governance. Analysis <strong>of</strong><strong>the</strong> World Bank’s Country Performance and InstitutionalAssessment (CPIA) ratings for 2005 indicatesthat on a scale <strong>of</strong> 1 to 6 (with 1 being <strong>the</strong>lowest score), only five <strong>of</strong> 76 developing countriesscored 4 on objective measurement <strong>of</strong> propertyrights and rule-based governance. 6 As all five aresmall island states, this indication confirms thatproperty rights <strong>of</strong> <strong>the</strong> absolute majority <strong>of</strong> <strong>the</strong> peoplein developing countries are not protected in<strong>the</strong>ory or practice, contracts are not enforced, andregistries and o<strong>the</strong>r institutions required to protectproperty function poorly or not at all. 7Especially Vulnerable GroupsCertain groups are frequently and systematicallydisenfranchised through lack <strong>of</strong> access to propertyrights in many countries. Women, who constitutehalf <strong>of</strong> <strong>the</strong> world’s population, own around10 percent <strong>of</strong> <strong>the</strong> world’s property. 8 Virginia Woolfeloquently expressed <strong>the</strong> long arch <strong>of</strong> history thathas not only excluded women from property in64

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