Chassagnou and Others v. France

Human Rights Case Digest 10(6):p 78-84, April-June 1999.

Compelling small landowners to transfer hunting rights over their land so that others could make use of them in a way which was totally incompatible with their beliefs imposed a disproportionate burden which was not justified under the second paragraph of Article 1 of Protocol No. 1. Exemption of large landowners from compulsory transfer of hunting gave only large landowners the right to use their land in accordance with their conscience, and so constituted discrimination on the ground of property, within the meaning of Article 14 of the Convention. Compelling a person by law to join an association such that it was fundamentally contrary to his own convictions to be a member of it, and to oblige him, on account of his membership of that association, to transfer his rights over the land he owned so that the association in question could attain objectives of which he disapproved, went beyond what was necessary to ensure that a fair balance was struck between conflicting interests and could not be considered proportionate to the aim pursued and so violated Article 11.

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