Legal Definitions - imprescriptible

Imprescriptible

The term imprescriptible describes a right or claim that cannot be lost or acquired through the passage of time, long-term use, or neglect. In legal terms, it means a right that is not subject to "prescription," which is the legal principle where rights can be established or extinguished based on continuous, uninterrupted use or possession over a specified period.

Essentially, an imprescriptible right is considered so fundamental or inherent that it remains valid indefinitely, regardless of how long it has been unused, challenged, or seemingly ignored by others.

• Example 1: Public Access to Natural Resources

  Imagine a country where the public has an established right to access all navigable rivers and lakes for recreational purposes. Even if a private landowner owns property bordering such a river and has, for many decades, attempted to block public access through their land, the public's fundamental right to use the river itself remains imprescriptible. The landowner cannot claim exclusive rights to the river by virtue of their long-standing attempts to prevent public entry, because the public's right is considered inherent and cannot be lost through such actions or the mere passage of time.

• Example 2: A Nation's Sovereignty

  Under international law, a nation's fundamental right to self-determination and sovereignty over its recognized territory can be considered imprescriptible. For instance, if a portion of a country's territory is unlawfully occupied by another state for an extended period, the original nation's sovereign claim to that land is not automatically extinguished merely because of the long duration of the occupation. The passage of time alone does not grant the occupying power a legitimate, permanent right to the territory, nor does it cause the original nation to lose its inherent claim.

• Example 3: Fundamental Human Rights

  Certain fundamental human rights, such as the right to freedom from slavery or torture, are often regarded as imprescriptible. This means that even if an individual or group has been subjected to such conditions for many years or even generations, their inherent right to freedom and dignity is not diminished or lost due to the passage of time. No one can legally acquire a "right" to enslave another person, regardless of how long the enslavement has persisted, because the victim's right to freedom is considered absolute and imprescriptible.