THE PROTECTION OF LAND PROPERTY IN THE INTER-AMERICAN COURT OF HUMAN RIGHTS JURISPRUDENCE AND ITS APPLICATION TO THE CASE OF COLOMBIAN RURAL COMMUNITIES
The American Convention on Human Rights embodied in an extensive way, the protection of the use and enjoyment of property, including land property. The Inter-American Court of Humans Rights has interpreted this right in an evolutionary way, according with the particular necessities of the people und...
| Autor Principal: | López Murcia, Julian Daniel; Pontificia Universidad Javeriana |
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| Otros Autores: | Maldonado Colmenares, Gabriela; Pontificia Universidad Javeriana |
| Formato: | info:eu-repo/semantics/article |
| Idioma: | spa |
| Publicado: |
Editorial Pontificia Universidad Javeriana y Facultad de Ciencias Jurídicas
2009
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| Materias: | |
| Acceso en línea: |
http://revistas.javeriana.edu.co/index.php/internationallaw/article/view/13870 |
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| Sumario: |
The American Convention on Human Rights embodied in an extensive way, the protection of the use and enjoyment of property, including land property. The Inter-American Court of Humans Rights has interpreted this right in an evolutionary way, according with the particular necessities of the people under the jurisdiction of the State Parties of the Convention. This has permitted the Court to properly protect the collective ownership of indigenous and tribal communities. In this article, the authors analyze why and how it should be extended another special protection to the Colombian communities of peasants that have possessed, without a property title, during many years, lands with which their survival as a community is intimately tied, and also regarding the development of the life plans of each one of its members. And based on the existence of the right mentioned above, they consider the “conventionality” of the Colombian legal system, concluding that is precise to modify said legislation. |
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