Sentences with phrase «from arbitrary deprivation»

12 Three applications for s10 in relation to native title might arise: (i) a State law forbids enjoyment of a human right or fundamental freedom, such as a right to property or freedom from the arbitrary deprivation of property, and the burden falls on all racial groups; (ii) a State law provides for extinguishment or impairment of land titles but provides for compensation only in respect of non-native title; (iii) a State law extinguishes or impairs only native title and leaves other land titles intact.

In all such cases, whether before or after the enactment of the RDA or the NTA, the human rights guaranteed at international law to own property alone and in association with others, to inherit property and to be immune from the arbitrary deprivation of property, are violated.

This includes, but is not limited to, rights of the kind referred to in Article 5 of ICERD, such as the right to own property alone and in association with others, [10] a right to inherit, [11] and a right to be immune from the arbitrary deprivation of property (implied in other rights and specifically referred to in article 17 (2) of the Universal Declaration of Human Rights [12](«UHDR»).

The High Court in Ward v Western Australia (2002) 213 CLR 1 at 103 - 104 [116] held that the relevant right to property encompassed an immunity from arbitrary deprivation of property and that property «includes lands and chattels as well as interests therein», including native title rights and interests.