Özet:

Property right is as old as the history of humanity. This right is one of the fundamental rights that prevails the state. That is why it has taken a part in all bills of rights. This is because, property right protects the fundamental value behind human rights as well as it has become the phenomenon that provides the freedom and basis of economic and otherwise relations between people within the frameworks of human dignity and justice. In the constitutions that are prepared right after World War II or in the constitutions that are affected by them have included explicit provisions stating that property right can be limited and the using of property right should not be against the public good. Consequently, property right lost its hallmark as an untouchable right, was extracted from fundamental rights and freedoms section in the constitution of 1961 (Art. 36), and put into the economic and social rights section. In the constitution of 1982, it was put into its rightful position, fundamental rights and freedoms section (Art. 35). Today, the consequences and the effects and pressure of World War II on the states and populations have mostly extinguished. That is why, the text of UDHR Art. 1 should be reevaluated in a way that it involves the future subjects of property right considering the recent conditions and even the technological advancements. In the new regulation, it should be explicitly stated that no one, even the state cannot interfere with a property right without making full compensation. For this, firstly, property right that is included in European Convention on Human Rights Protocol 1 should be secured with a provision like in EU constitution, stating that “property and inheritance rights are under warranty”, or “property right is untouchable”, or “property right should not be touched”. Afterwards states should reevaluate their own internal provisions relating property right. In this regard, UDHR Art. 1 should be guiding for them. This way, applications to ECHR for violation of property rights within domestic law can be substantially diminished. Furthermore, the warranty for the property right should not stay only on paper, sub provisions for execution (laws, by-laws, regulations etc.) should be activated, with an active and effective warranty, property right should be protected against all including the government

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