Land Rights as Human Rights: The Case for a Specific Right to Land

Article


Gilbert, J. 2013. Land Rights as Human Rights: The Case for a Specific Right to Land. Sur: International Journal on Human Rights. 10 (18), pp. 114-135.
AuthorsGilbert, J.
Abstract

Land rights have received some attention as an issue concerning property rights and have
been considered a specifi cally important right for indigenous peoples and women, but a
right to land is absent from all international human rights instruments. Th is article reviews
how land rights have been approached from fi ve diff erent angles under international human
rights law: as an issue of property right, as a specifi cally important right for indigenous
peoples; as an ingredient for gender equality; and as a rallying slogan against unequal
access to food and housing. By examining these diff erent approaches, the article proposes
to identify the place of land rights within the international human rights instruments and
jurisprudence as well as to examine why they have not been – and whether they should be -
included in such documents as a stand-alone and specifi c right to land.

JournalSur: International Journal on Human Rights
Journal citation10 (18), pp. 114-135
ISSN0169-3441
Year2013
PublisherConectas Human Rights
Publisher's version
License
CC BY
Web address (URL)http://www.surjournal.org/eng/conteudos/pdf/18/07.pdf
Publication dates
PrintJul 2013
Publication process dates
Deposited13 Feb 2014
Copyright information(c) The author. Issued under Creative Commons Attribution 3.0 Unported licence.
Permalink -

https://repository.uel.ac.uk/item/85wv0

Download files


Publisher's version
  • 158
    total views
  • 1705
    total downloads
  • 0
    views this month
  • 8
    downloads this month

Export as

Related outputs

Litigating Indigenous Peoples’ Rights in Africa: Potentials, challenges and limitations
Gilbert, J. 2017. Litigating Indigenous Peoples’ Rights in Africa: Potentials, challenges and limitations. International and Comparative Law Quarterly. 66 (3), pp. 657-686. https://doi.org/10.1017/S0020589317000203
Minority-related activities in the United Nations System in 2013
Holt, Sally, Jebodh, Rajiv and Gilbert, J. 2015. Minority-related activities in the United Nations System in 2013. in: European Yearbook of Minority Issues BRILL.
International Law and Land Rights in Africa: The shift from states’ territorial possessions to indigenous peoples’ ownership rights
Gilbert, J. and Couillard, Valérie 2011. International Law and Land Rights in Africa: The shift from states’ territorial possessions to indigenous peoples’ ownership rights. in: Home, Robert (ed.) Essays in African Land Law Pretoria University Law Press. pp. 47-68
Resources Grabbing and Human Rights: Building a Triangular Relationship Between States, Indigenous Peoples and Corporations
Gilbert, J. and Bernaz, Nadia 2015. Resources Grabbing and Human Rights: Building a Triangular Relationship Between States, Indigenous Peoples and Corporations. in: Bonfanti, Angelica, Romanin Jacur, Francesca and Seatzu, Francesco (ed.) Natural Resources Grabbing: Natural Resources Grabbing: An International Law Perspective BRILL.
Moving towards a Right to Land: The Committee on Economic, Social and Cultural Rights’ Treatment of Land Rights as Human Rights
Claridge, Lucy, Gilbert, J., Holt, Sally, Marlin, Rebecca and Jebodh, Rajiv 2015. Moving towards a Right to Land: The Committee on Economic, Social and Cultural Rights’ Treatment of Land Rights as Human Rights. Minority Rights Group.
Equality versus Fraternity? Rethinking France and its Minorities
Gilbert, J. 2016. Equality versus Fraternity? Rethinking France and its Minorities. International Journal of Constitutional Law. 14 (4), pp. 883-905. https://doi.org/10.1093/icon/mow059
Land grabbing, investors, and indigenous peoples: new legal strategies for an old practice?
Gilbert, J. 2015. Land grabbing, investors, and indigenous peoples: new legal strategies for an old practice? Community Development Journal. 51 (3), pp. 350-366. https://doi.org/10.1093/cdj/bsv025
Land grabbing, Land Rights and Human Rights: (Re) Setting the Agenda
Gilbert, J. 2014. Land grabbing, Land Rights and Human Rights: (Re) Setting the Agenda. Land grabbing, Land Rights and Human Rights: (Re) Setting the Agenda seminar. University of East London 06 Jun 2014 London University of East London, Centre for Human Rights in Conflict.
‘Land Rights are Human Rights’: The case for a Specific Right to Land?
Gilbert, J. 2014. ‘Land Rights are Human Rights’: The case for a Specific Right to Land? Land grabbing, Land Rights and Human Rights: (Re) Setting the Agenda seminar. University of East London 06 Jun 2014 London University of East London, Centre for Human Rights in Conflict.
The right to freely dispose of natural resources: Utopia or forgotten right?
Gilbert, J. 2013. The right to freely dispose of natural resources: Utopia or forgotten right? Netherlands Quarterly of Human Rights. 31 (3), pp. 314-341.
The treatment of territory of indigenous peoples under international law
Gilbert, J. 2003. The treatment of territory of indigenous peoples under international law. in: Castellino, Joshua and Allen, Steve (ed.) Title to territory in international law: a temporal analysis Abingdon Ashgate. pp. 199-238
Environmental degradation as a threat to life: a question of justice?
Gilbert, J. 2003. Environmental degradation as a threat to life: a question of justice? Trinity College Law Review.
India: the blur of a distinction: Adivasis experience with land rights, self-rule and autonomy
Gilbert, J. 2004. India: the blur of a distinction: Adivasis experience with land rights, self-rule and autonomy. in: Castellino, Joshua and Walsh, Niamh (ed.) International Law and Indigenous Peoples Leiden, Netherlands Martinus Nijhoff.
Justice not revenge: The International Criminal Court and the ‘grounds to exclude criminal responsibility’ – defences or negation of criminality?
Gilbert, J. 2006. Justice not revenge: The International Criminal Court and the ‘grounds to exclude criminal responsibility’ – defences or negation of criminality? The International Journal of Human Rights. 10 (2), pp. 143-160.
Nomadic Territories: A Human Rights Approach to Nomadic Peoples' Land Rights
Gilbert, J. 2007. Nomadic Territories: A Human Rights Approach to Nomadic Peoples' Land Rights. Human Rights Law Review. 7 (4), pp. 681-716.
Indigenous Rights in the Making: The United Nations Declaration on the Rights of Indigenous Peoples
Gilbert, J. 2007. Indigenous Rights in the Making: The United Nations Declaration on the Rights of Indigenous Peoples. International Journal on Minority and Group Rights. 14 (2), pp. 207-230.
Historical Indigenous Peoples' Land Claims: A Comparative and International Approach to the Common Law Doctrine on Indigenous Title
Gilbert, J. 2007. Historical Indigenous Peoples' Land Claims: A Comparative and International Approach to the Common Law Doctrine on Indigenous Title. International and Comparative Law Quarterly. 56 (03), pp. 583-611.
Les tribunaux militaires et tribunaux d’exceptions en République d’Irlande
Gilbert, J. and Olivier, Clementine 2008. Les tribunaux militaires et tribunaux d’exceptions en République d’Irlande. in: Lambert-Abdelgawad, Elisabeth (ed.) Juridictions Militaires Et Tribunaux D'exception En Mutation : Perspectives Comparées Et Internationales Paris Editions des Archives Contemporaines.
Land Rights and the Forest Peoples of Africa: Historical, Legal and Anthropological Perspectives
Couillard, Valérie, Gilbert, J., Kenrick, Justin, Kidd, Christopher and Forest Peoples Programme 2009. Land Rights and the Forest Peoples of Africa: Historical, Legal and Anthropological Perspectives. Moreton-in-Marsh Forest Peoples Programme.
Custodians of the land: indigenous peoples, human rights and cultural integrity
Gilbert, J. 2010. Custodians of the land: indigenous peoples, human rights and cultural integrity. in: Langfield, Michele, Logan, William and Craith, Máiread Nic (ed.) Cultural Diversity, Heritage and Human Rights: Intersections in Theory and Practice Abingdon Routledge. pp. 31-44
A new dawn over the land: shedding light on collective ownership and consent
Gilbert, J. and Doyle, Cathal 2011. A new dawn over the land: shedding light on collective ownership and consent. in: Allen, Stephen and Xanthaki, Alexandra (ed.) Reflections on the UN Declaration on the Rights of Indigenous Peoples Oxford Hart Publishing.
International law and land rights in Africa: the shift from states’ territorial possessions to indigenous peoples' ownership rights
Gilbert, J. and Couillard, Valérie 2011. International law and land rights in Africa: the shift from states’ territorial possessions to indigenous peoples' ownership rights. in: Home, Robert (ed.) Essays in African Land Law Pretoria, South Africa Pretoria University Law Press. pp. 47-68
Indigenous peoples and globalization: from 'development aggression' to 'self-determined development'
Doyle, Cathal and Gilbert, J. 2011. Indigenous peoples and globalization: from 'development aggression' to 'self-determined development'. in: European Centre for Minority Issues, . and The European Academy Bozen/Bolzano, . (ed.) European Yearbook of Minority Issues Leiden, Netherlands Martinus Nijhoff.