Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.21: Right to Property

This chapter details Article 21 of the American Convention on Human Rights (ACHR), which protects the right to private property. Article 21 of the ACHR is structured in three paragraphs that aim at protecting existing private property. The first paragraph provides that everyone has the right to the use and enjoyment of their property and admits that the law may subordinate the use and enjoyment of the property to “social interest.” Although no one shall be deprived of their property, the second paragraph authorizes restrictions under three conditions: 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. Finally, Paragraph 3 specifically requires that usury and other forms of exploitation are prohibited by law.