Rights of Individuals: Economic, Social, and Cultural
Economic Rights
  Property, Land Ownership Property, Right to Fair Compensation for Taking or Expropriation of Adequate Standard of Living, Right to an Housing, Right to Adequate Healthcare, Right to
Constitutions
  South African Constitution §25(5) (the State must take measures within its resources to promote this goal) §25 (restrictions on expropriations, requirement of "just and equitable" compensation in light of several enumerated factors).  See de Waal et al., 399-416. §27(1) (right to sufficient food and water) §26 (includes measures to achieve this right; evictions).  The state is subject only to a narrow, limited duty to promote this right. §27(1)  The state is subject only to a narrow, limited duty to promote this right.
French 1958 Constitution 1798 Declaration Arts. 2 (right to property), and 17 (property is an inviolable and sacred right. "un droit inviolable et sacré"). 1798 Declaration Art. 17 (requiring prior and equitable compensation), but see 1946 Constitution Preamble ¶9 (any business which has the character of a national public service or monopoly should be nationalized). For analysis of the balancing of these provisions, see Bell, at 176-87. No provision.  The Conseil Constitutionnel has not found that 1946 Constitution Preamble ¶11 (guarantee by the State of material security) amounts to a constitutional right. See Bell, 148-49. No provision, see the comment on 1946 Constitution Preamble ¶11 under the Right to an Adequate Standard of Living, at left. 1946 Constitution Preamble ¶11 (guarantee by the State to the protection of health).  See Bell, at 148-49.
Canadian Charter of Rights and Freedoms (no provision) (no provision).  The Canadian Bill of Rights, R.S.C., ch. C-12.3, §1(a) (1960) contains a narrow right to "enjoyment of property," but this has not given rise to a private cause of action in the Canadian courts. See Allen, at 69-70. (no provision) (no provision) (no provision)
Constitution of Argentina Art. 17. See also Art. 14 (right to use and dispose of property). Art. 17 (expropriation only by law and with prior compensation). No explicit provision, but see Right to Work. (no provision) (no provision)
United States Constitution (no provision) The 5th Amend. requires "just compensation," for public takings of property, and also establishes procedural rights under the due process clause. See also 3rd Amend. (quartering of soldiers only with consent of owner of the "house" or by law). See Rotunda, §17.5. There is no provision, nor have the courts developed such a right. See Rotunda, §18.43. There is no provision, nor have the courts developed such a right. See Rotunda, §18.44. (no provision)
Constitution of India Art. 19, which establishes a number of fundamental freedoms, originally contained a right to "acquire, hold, and dispose of property."  This provision was removed by a 1979 amendment which also removed the Art. 31 right to compensation for expropriation. Tope, at 261.  These provisions were replaced by Art. 300A, discussed at right.  See Tope, at 261-80.  Art. 31A further expands the power of the state to appropriate property for social welfare purposes. See Tope, at 218-89. Art. 300A prohibits deprivation of property except "by authority of law," as a general constitutional right and not a fundamental right.  For a detailed analysis see Tope, at 266-80.  Art. 300A was added in 1979, when Art. 19(1)(f) and Art. 31, which had created property rights, were repealed.  For the history of property rights in India, see Allen, at 43-54. As discussed in the overview of the Indian Constitution, the following provisions may not be enforced in the courts.  The state must strive to reduce economic inequality generally, Arts. 38(2), 39(b)-(c), and promote a "living wage" sufficient to ensure a "decent standard of life."  Arts. 43, 47. No provision, but see the provisions cited under Adequate Standard of Living, at left. Under Art. 47, the State must improve nutrition and public health of the people.  As noted under Adequate Standard of Living, this duty is not enforceable.
Würzburg Key System (Key has not yet been developed) Key 622 (inviolability of property, right to compensation for expropration) (Key has not yet been developed) (Key has not yet been developed) (Key has not yet been developed)
International Instruments
  Universal Declaration of Human rights Art 17(1) (right to own property in general)) Art 17(2) (prohibits arbitrary deprivation of property but contains no provisions on compensation) Art 25(1) (adequate standard of living for oneself and one’s family), see also Art. 22 (right to economic, social, and cultural rights necessary to free development of one’s personality). Art. 25(1) (as part of the right to an adequate standard of living) Same provision noted for the Right to Housing.
Int’l Covenant on Civil and Political Rights (no provision) (no provision) (no provision) (no provision) (no provision)

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