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[Insert statement of urgency and significance for why this right relates to AI.]

Sectors #

The contributors of the AI & Human Rights Index have identified the following sectors as responsible for both using AI to protect and advance this human right.

• BUS: Business Sectors
• ENV: Environmental and Energy
• FIN: Financial Services
• GOV: Government and Public Sector
• INTL: International Organizations and Relations
• REG: Regulatory and Oversight Bodies
• SOC: Social Services and Housing
• TRAN: Transportation and Infrastructure

AI’s Potential Violations #

[Insert 300- to 500-word analysis of how AI could violate this human right.]

AI’s Potential Benefits #

[Insert 300- to 500-word analysis of how AI could advance this human right.]

Human Rights Instruments #

American Declaration of the Rights and Duties of Man (1948) #

Ninth International Conference of American States, American Declaration of the Rights and Duties of Man, art. XXIII, (May 2, 1948)

Article XXIII

Every person has the right to own such private property as meets the essential needs of decent living and helps to maintain the Dignity of the individual and of the home. No one shall be deprived of his property except upon payment of just compensation, for reasons of public utility or social interest, and in the cases and according to the forms established by law.

Universal Declaration of Human Rights (1948) #

G.A. Res. 217 (III) A, Universal Declaration of Human Rights, U.N. Doc. A/RES/217(III) (Dec. 10, 1948)

Article 17

1. Everyone has the right to own property alone as well as in association with others.

2. No one shall be arbitrarily deprived of his property.

Protocol to the European Convention on Human Rights (First Protocol, 1952) #

Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, Protocol to the European Convention on Human Rights , Europ. T.S. No. 9(Mar. 20, 1952).

Article 1

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

International Convention on the Elimination of All Forms of Racial Discrimination (1965) #

G.A. Res. 2106 (XX), International Convention on the Elimination of All Forms of Racial Discrimination, U.N. Doc. A/RES/2106(XX) (Dec. 21, 1965)

Article 5

In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to Equality before the law, notably in the enjoyment of the following rights:

(d) Other civil rights, in particular:

(v) The right to own property alone as well as in association with others;

International Convention on the Elimination of All Forms of Racial Discrimination (1965) #

G.A. Res. 2106 (XX), International Convention on the Elimination of All Forms of Racial Discrimination, U.N. Doc. A/RES/2106(XX) (Dec. 21, 1965)

Article 5(d)

The right of everyone, without distinction as to race, colour, or national or ethnic origin, to Equality before the law, notably in the enjoyment of the following rights: … (v) The right to own property alone as well as in association with others.

American Convention on Human Rights (1969) #

“Pact of San José”, American Convention on Human Rights “Pact of San Jose, Costa Rica” , O.A.S. Treaty Series No. 36, 1144 U.N.T.S. 123

Article 21

(1) “Everyone has the right to the use and enjoyment of his property. The law may subordinate such use and enjoyment to the interest of society.”

(2) “No one shall be deprived of his property except upon payment of just compensation, for reasons of public utility or social interest, and in the cases and according to the forms established by law.”

Convention on the Elimination of All Forms of Discrimination Against Women (1979) #

G.A. Res. 34/180, Convention on the Elimination of All Forms of Discrimination against Women, U.N. Doc. A/RES/34/180 (Dec. 18, 1979)

Article 16(1)(h)

The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.

African Charter on Human and Peoples’ Rights (1981) #

O.A.U. Doc. CAB/LEG/67/3 rev.5 (1982), African Charter on Human and Peoples’ Rights, 21 I.L.M. 58 (June 01, 1981)

Article 14

The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.

ILO Convention No. 169 on Indigenous and Tribal Peoples (1989) #

Convention Concerning Indigenous and Tribal Peoples in Independent Countries, ILO Convention No. 169 on Indigenous and Tribal Peoples, 1650 U.N.T.S. 383 (June 27, 1989).

Article 14(1)

The rights of ownership and possession of the peoples concerned over the lands which they traditionally occupy shall be recognized.

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990) #

G.A. Res. 45/158, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families , (Dec. 18, 1990).

Article 15

No migrant worker or member of his or her family shall be arbitrarily deprived of property, whether individually or in association with others.

Charter of Fundamental Rights of the European Union (2000) #

Charter of Fundamental Rights of the European Union, Charter of Fundamental Rights of the European Union, 2000 O.J. (C 364) 1 (Dec. 18, 2000).

Article 17(1)

Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time.

Protocol to the African Charter on the Rights of Women in Africa (2003) #

Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, CAB/LEG/66.6 (July 11, 2003)

Article 19

Women shall have the right to fully enjoy their right to sustainable development, including the right to property; women have the right to equal access to and Control over productive resources, land and property.

Arab Charter on Human Rights (2004) #

League of Arab States, Arab Charter on Human Rights, 12 Int’l Hum. Rts. Rep. 893 (May 22, 2004)

Article 12(5)

Everyone has the right to own private property. No one shall be arbitrarily or unlawfully deprived of his property except for public interest in cases and manners prescribed by law and with fair compensation.

Pinheiro Principles (2005) #

U.N. Sub-Commission on the Promotion and Protection of Human Rights, Principles on Housing and Property Restitution for Refugees and Displaced Persons, U.N. Doc. E/CN.4/Sub.2/2005/17 (June 28, 2005).

Principle 2

All refugees and displaced persons have the right to have restored to them any housing, land and/or property of which they were arbitrarily or unlawfully deprived.

Convention on the Rights of Persons with Disabilities (2006) #

G.A. Res. 61/106,Convention on the Rights of Persons with Disabilities, U.N. Doc. A/RES/61/106 (Dec. 13, 2006)

Article 12(5)

States Parties shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to Control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that persons with disabilities are not arbitrarily deprived of their property.

United Nations Declaration on the Rights of Indigenous Peoples (2007) #

G.A. Res. 61/295, United Nations Declaration on the Rights of Indigenous Peoples (Sept. 13, 2007).

Article 26

1. Indigenous peoples have the right to the lands, territories and resources
   which they have traditionally owned, occupied or otherwise used or acquired.
2. Indigenous peoples have the right to own, use, develop and Control the
   lands, territories and resources that they possess by reason of traditional ownership
   or other traditional occupation or use, as well as those which they have otherwise
   acquired.
3. States shall give legal recognition and protection to these lands,
   territories and resources. Such recognition shall be conducted with due respect to
   the customs, traditions and land tenure systems of the indigenous peoples
   concerned

ASEAN Human Rights Declaration (2012) #

Assoc. of Southeast Asian Nations, ASEAN Human Rights Declaration, adopted Nov. 18, 2012.

Article 17

Every person has the right to own property alone as well as in association with others, and no person shall be arbitrarily deprived of property.

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