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> Article 1 of the First Protocol: Protection of Property
Article 1 of the First Protocol: Protection of Property
Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.
Article 1 of the First Protocol is a qualified right. It protects your right to the peaceful enjoyment of your property. The article refers to ‘possessions’ which has a wider meaning than just land and property interests. It can also include shares, a pension and contributory welfare benefits (social security benefits that are dependant on the claimant having made national insurance contributions).
You should note that although the article refers to ‘enjoyment’ of possessions, it does not guarantee the right to live in a pleasant environment. So where a person’s enjoyment of their home is affected by environmental pollution or excessive noise, this will not necessarily amount to a breach of this article. However, if the interference is very severe and has a significant detrimental effect on the value of the property, the interference may amount to a partial deprivation of that property for which compensation should be paid (Rayner v UK 1986)
The Government or a public authority cannot put restrictions on what you do with your property or interfere with your property unless there is a law that allows them to do this and there is a good reason for doing so.
The Government or a public authority cannot deprive you of your property unless the law allows this and it is necessary in the public interest to do so. The Government must strike a fair balance between the interests of the property owner and the general interest of society as a whole. If your property is taken away you should be entitled to compensation.
The article does not affect the right of the Government or a public authority to enforce taxes or fines.
Relevant sections
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.
Article 1 of the First Protocol is a qualified right. It protects your right to the peaceful enjoyment of your property. The article refers to ‘possessions’ which has a wider meaning than just land and property interests. It can also include shares, a pension and contributory welfare benefits (social security benefits that are dependant on the claimant having made national insurance contributions).
You should note that although the article refers to ‘enjoyment’ of possessions, it does not guarantee the right to live in a pleasant environment. So where a person’s enjoyment of their home is affected by environmental pollution or excessive noise, this will not necessarily amount to a breach of this article. However, if the interference is very severe and has a significant detrimental effect on the value of the property, the interference may amount to a partial deprivation of that property for which compensation should be paid (Rayner v UK 1986)
The Government or a public authority cannot put restrictions on what you do with your property or interfere with your property unless there is a law that allows them to do this and there is a good reason for doing so.
The Government or a public authority cannot deprive you of your property unless the law allows this and it is necessary in the public interest to do so. The Government must strike a fair balance between the interests of the property owner and the general interest of society as a whole. If your property is taken away you should be entitled to compensation.
The article does not affect the right of the Government or a public authority to enforce taxes or fines.
Relevant sections
