Drafting History
Published online by Cambridge University Press: 07 August 2025
Article 1 of the First Protocol (A1P1) to the ECHR states that every natural and legal person has a right to enjoyment of their possessions. The meaning of the text is anything but straightforward. There is no mention of companies but in common and civil law jurisdictions there is no doubt that companies are ‘legal persons’ (‘personnes morales’). Neither is the term ‘property’ used. Instead, the French version uses the term ‘biens’ whilst the English version uses the word ‘possessions’. Nor does the English text proclaim a right to own property but mentions instead enjoyment of possessions. Yet it is well established in the jurisprudence of the ECtHR that A1P1 protects property rights and that companies have standing to launch claims as victims of violations of their right to property. Why was this not made unambiguously clear by the drafters? And why would a human rights treaty include companies as victims of violations of human rights?The drafting history reveals that the wording of A1P1 was a political compromise,obfuscating the legal reach of protection of A1P1 andits dissonance with the moral foundations of universal human rights.
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