Article 1, Protocol 1 - Protection of property (A 'protocol' is a later addition to the Convention)

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

What does this right mean?

Everyone has the right to the peaceful enjoyment of their possessions. This means a person has the right to use, develop, sell, destroy or deal with property in any way they please. Public authorities cannot usually interfere with a person’s property or possessions, or the way in which they use them, except in specified limited circumstances.

When could this be relevant?

  • Protection against financial abuse

  • Respect for personal belongings such as photographs, jewellery, or clothes in any home care or care home setting

Story example of Article 1, Protocol 1 issue

Isobel is in her 80s and has lived in the same house for 40 years. Over that time the surrounding green fields have gradually disappeared and in the last few weeks the foundations of a large office building have been laid right next door to the house. She is very unhappy about the noise and dust from building works. She has received a compulsory purchase order for the house so that a new access road can be built. The compensation she is offered is significantly less than she would have expected. The reason given for the low valuation of the house is that the property is now overlooked by the new office development. Isobel feels unable to cope with the situation.