10. Deprivation thus includes measures which can be equated with deprivation of possessions or which detract from the substance of ownership to such an extent that they are equivalent to expropriation.997 11. The right to property is connected to the right to housing. Therefore evictions may amount to a violation of this right.998 Compensation 12. Some, but not all, of the human rights treaties provide for a right to compensation in the event of deprivation of property.999 However, this has been seen by international and regional treaty bodies as a necessary corollary of the right.1000 The payment of compensation will in principle justify depriving people of property rights. The European Court has set out some relevant rules in respect of the amount of compensation that should be paid, holding that the taking of property without payment of an amount reasonably related to its value will normally constitute a disproportionate interference.1001 It is the market value or ‘an amount reasonably related to its value’ which should determine the amount of compensation to be paid. 997 European Court, Hentrich v France, 22 September 1994. E.g. Communication nos. 54/91, 61/91, 98/93, 164/97 à 196/97 and 210/98, Malawi African Association and Others v. Mauritania, 11 May 2000. Dogan and others v Turkey, 18 November 2004. 999 E.g. the African Charter, Article 21 provides for such, but the ECHR Protocol 1 does not. 1000 Inter-American Court, Mayagna (Sumo) Awas Tingni Community v. Nicaragua, Judgment of 31 August 2001, para 153; European Court, James and others v. The United Kingdom, Application no. 8793/79, Judgment of 21 February 1986, para 54. 1001 European Court, Lithgow and Others v. the United Kingdom, 8 July 1986. 998 157

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents