Article 1 of Protocol No. 1 only in so far as the alleged interference relates to his or her “possessions” within the meaning of that provision. The certificates alleged to be seized by the Defendant constitutes the Plaintiff’s right to exercise a Profession in line with the Provisions of Article 1 of Protocol 1 of the European Court of human rights. Furthermore, it is posited that such right has been guaranteed by the provisions of the African Charter on Human and Peoples’ rights which binds the Defendant and provides thus: “the right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in general interest of the community and in accordance with the provisions of appropriate laws”. Article 1 prohibits all discrimination unless it is based on objective and reasonable grounds. In Marckx v. Belgium 1 ECHR 13th June (1979), the European Court of Human Rights considered for the first time Article 1 of Protocol No. 1 and explained that by recognizing that everyone has the right to the peaceful enjoyment of his possessions, Article 1 is in substance guaranteeing the right of property. This is the clear impression left by the words “possessions” and “use of property”. Though Article 1 of Protocol No. 1 protects individuals or legal persons from arbitrary interference by the State with their possessions, it nevertheless 14

Sélectionner le paragraphe cible3