Abstract

LOPEZ-MURCIA, Julián Daniel  and  MALDONADO-COLMENARES, Gabriela. THE PROTECTION OF LAND PROPERTY IN THE INTER-AMERICAN COURT OF HUMAN RIGHTS JURISPRUDENCE AND ITS APPLICATION TO THE CASE OF COLOMBIAN RURAL COMMUNITIES. Int. Law: Rev. Colomb. Derecho Int. [online]. 2009, n.14, pp.71-105. ISSN 1692-8156.

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.

Keywords : Right to Property; Communal Property; Rural Communities' Protection; Possession; Prevention of Forced Displacement; Right of property; Rural communities; Forced migration - Prevention; Colombia - Rural conditions.

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