BACKGROUND TO THE STUDY

Property rights are the privileges granted to the individual or persons via the purchase or donation of real estate.  Although an absolute right to property is uncommon in any civilization, these are fundamental rights in all societies. The right of one or more people to possess and use something to the exclusion of others is known as property.

The earliest philosophical texts on property rights can be found before the French Revolution and the United States Bill of Rights.  The designation of the right to property as a human right continued to spark debates even after the initial advances in the 18th century.  The fact that property has historically been a privilege of the few as a method of barring individuals from participation in social and political life is among the reasons for concern.  This has the advantage of highlighting an underlying conflict between the social role of property as a civil liberty and its inherent tension. The realization of an individual’s right to life and other human rights is strongly tied to the right to property, which is seen as a means of survival. However, it might also need to be limited in order for other people to realize their own human rights. While this right is positioned amid other liberties in Western liberal tradition, its attributes unmistakably warrant its inclusion among economic, social, and cultural rights.    

Another line of argument holds that some aspects of property, such as the power to sell, exchange, or destroy it, are in opposition to the unalienability concept that underlies human rights.  This kind of thinking may be equivalent to only viewing civil and political rights when considering human rights. Critics of the right to property as a human right would feel more at comfortable, despite the alienable character, if it were compared to economic, social, and cultural rights, such as the right to food, where food itself can be sold, traded, or destroyed. The dual nature of the right consequently has significant ramifications that go beyond the academic issue.  

The rights to own, acquire property (via purchase, gift, or inheritance), manage, administer, enjoy, and dispose of tangible and intangible property, such as land, housing, money, bank accounts, cattle, crops, and pensions, are referred to as women’s property rights. However, both men and women are entitled to equal legal protection of their property rights under international human rights law. Women’s property rights are crucial because they are essential to their survival, social standing, and economic stability. A key component of growth and social stability in social settings is achieving women’s equality with regard to property. The defense of women’s property rights is crucial in the fight against property rights violations that put them at risk.sThe distribution of property rights and patterns varies between nations and is influenced by legal, political, racial, and cultural aspects.

  As the nation is regarded as the pioneer in the implementation of human rights, England holds a significant position when it comes to the study of the institutional origin of human rights. The Magna Carta, which was ratified in 1215, is the very first document on human rights. It served as a marker for British citizens’ consciousness and took a strong stance against the omnipotence and absolutism of the monarchy. By designating the king as a human being who is subject to the law rather than being above it, the Magna Carta set limits on the scope of royal authority. The Habeas Corpus accord, which was ratified in 1679, laid a strong foundation for the observance of human rights in the court system, including the right to a fair trial. However, it is important to remember that the idea of human rights dates back to the dawn of human society. Human rights are built on the idea that everyone is a rational being deserving of respect and care, which is a key tenet of human rights.  The foundation of the idea of human rights, however, can only be traced to ancient Greece and Rome, where slaves were allegedly subjected to inhumane treatment. According to the Natural Law Theory, every human being is born with inalienable rights and freedoms.  Therefore, human rights are above to and precede any social order. Other philosophers, such John Locke and Jean Jacques Rousseau, emphasized the theory of natural law from a social contract standpoint. They contend that any society’s cornerstone must be equality. “All humans are born free and equal, both in terms of their rights and their dignity.”

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