The Right of Return and Right to Property in International Human Rights Law (References)
The right of return is codified in the Universal Declaration of Human Rights (Art. 13.2) and the International Convention on Civil and Political Rights (Art. 12.4). Further provisions concerning non-discrimination and the right of return and nationality are found in the International Convention on the Elimination of Racial Discrimination (Art. 5.d.ii) and the International Covenant on Economic, Social, and Cultural Rights (Art. 2.2). General Comment 22 relative to Art. 5 of the Convention on the Elimination of Racial Discrimination further emphasizes that refugees and displaced persons have "the right to return to their homes of origin under conditions of safety." The right of return is also codified in the American Declaration of the Rights of Man (Art. 8); the American Convention of Human Rights (Art. 22.5); the African Charter on Human and People's Rights (Art. 12.2); the European Convention for the Protection of Human Rights and Fundamental Freedoms (Art. 3.2, Protocol 4); and, the Convention Concerning Indigenous and Tribal Peoples in Independent Countries (Art. 16.1, 16.2 and 16.3).
The right to property is also codified in numerous international human rights conventions. These include: the Universal Declaration of Human Rights (Art. 17.2); the International Convention on the Elimination of all Forms of Discrimination (Art. 5.d.v); a nd the International Covenant on Economic, Social, and Cultural Rights (Art. 2.2). General Comment 22 relative of Art. 5 of the Convention on the Elimination of Racial Discrimination also emphasiz es that refugees and displaced persons have "the right to have restored to them property of which they were deprived in the course of the conflict and to be compensated appropriately for any such property that cannot be restored to them." The right to property is further codified in the American Convention of Human Rights (Art. 21); the African Charter on Human Rights and People's Rights (Art. 14 and 21.2); the European Convention for the Protection of Human Rights and Fundamental Freedoms (Art.1, Protocol 1); and the Convention Concerning Indigenous and Tribal Peoples in Independent Countries (Art. 14, 15.1, 16.4, and 16.5).
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