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.
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