ABSTRACT
This chapter shows the consideration of the intellectual distinctions between the philosophy of human rights and the philosophy of equity. It focuses on analysis of the possible applications of human rights law to the norms of trusts law and also focuses on analysis of the manner in which family law and child law approach questions as to ownership and occupation of the home differently from trusts law. The law of property is not the only means of allocating rights in property: there are housing law, social security law, family law, equity, trusts law and human rights law to be considered too. The role of the state in protecting rights enshrined in the European Convention on Human Rights which interact with equity and trusts. In comparing human rights law with English equity the argument can be made that human rights law offers a more forward-looking attitude to the principles on which individual cases could be decided.
