Security of the person is a basic entitlement guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. It is also a human right explicitly defined and guaranteed by the European Convention on Human Rights, the Constitution of Canada, the Constitution of South Africa and other laws around the world.
In general, the right to the security of one's person is associated with liberty and includes the right, if one is imprisoned unlawfully, to a remedy such as habeas corpus . [1] Security of person can also be seen as an expansion of rights based on prohibitions of torture and cruel and unusual punishment. Rights to security of person can guard against less lethal conduct, and can be used in regard to prisoners' rights. [2]
The right to security of the person is guaranteed by Article 3 of the Universal Declaration of Human Rights . In this article, it is combined with the right to life and liberty. In full, the article reads, "Everyone has the right to life, liberty and security of person."
The United Nations treaty, the International Covenant on Civil and Political Rights (1966), also recognizes a right to security of person. Article 3 states that "Everyone has the right to liberty and security of person," and the section prohibits "arbitrary arrest or detention." The section continues, "No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law."
The right to security of the person is mentioned in Article 5(1) of the European Convention on Human Rights under the heading Right to liberty and security ("Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law") and in Article 6 of the Charter of Fundamental Rights of the European Union ("Everyone has the right to liberty and security of person").
The right to security of the person was recognized in Canada in the Canadian Bill of Rights in 1960. Section 1(a) of this law recognized "the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law." However, the Bill of Rights was a statute and not part of the Constitution.
In 1982, a right to security of the person was added to the Constitution. It was included in section 7 of the Canadian Charter of Rights and Freedoms , which stipulates that "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice." Security of the person in section 7 consists of rights to privacy of the body and its health [3] and of the right protecting the "psychological integrity" of an individual. That is, the right protects against significant government-inflicted harm (stress) to the mental state of the individual. ( Blencoe v. B.C. (Human Rights Commission) , 2000)
This right has generated significant case law, as abortion in Canada was legalized in R. v. Morgentaler (1988) after the Supreme Court found the Therapeutic Abortion Committees breached women's security of person by threatening their health. Some judges also felt control of the body was a right within security of the person, breached by the abortion law. In Operation Dismantle v. The Queen (1985) cruise missile testing was unsuccessfully challenged as violating security of the person for risking nuclear war. In Chaoulli v. Quebec (Attorney General) (2005), some Supreme Court justices even considered Quebec's ban on private health care to breach security of the person, since delays in medical treatment could have physical and stressful consequences.
There has been discussion within the Supreme Court and among academics as to whether security of the person also guarantees some economic rights. Theoretically, security of the person would be breached if the government limits a person's ability to make an income, by denying welfare, taking away property essential to one's profession, or denying licenses. However, section 7 is primarily concerned with legal rights, so this reading of economic rights is questionable. Many economic issues could also be political questions. [4]
In 1996 the government of South Africa adopted a constitutional Bill of Rights which recognized a right to security of the person in section 12. Here, it was combined with a "right to freedom." Section 12 went on to define security of the person and the right to freedom more thoroughly, including within it bodily control and reproductive control, freedom from torture and cruel and unusual punishment and a right to trial. In full, section 12 reads,
- 12. (1) Everyone has the right to freedom and security of the person, which includes the right
- (a) not to be deprived of freedom arbitrarily or without just cause;
- (b) not to be detained without trial;
- (c) to be free from all forms of violence from either public or private sources;
- (d) not to be tortured in any way; and
- (e) not to be treated or punished in a cruel, inhuman or degrading way.
- (2) Everyone has the right to bodily and psychological integrity, which includes the right
- (a) to make decisions concerning reproduction;
- (b) to security in and control over their body; and
- (c) not to be subjected to medical or scientific experiments without their informed consent.
The Constitution of Turkey guarantees security of person, along with the right to liberty, in Article 19, enacted in 1982 and amended in 2001. The article spells out limits to these rights in the form of rulings of courts under the law, allowing for mental institutions and institutions for addicts, extradition, etc. The article also limits arrest and detention to cases in which a judge allows it, where there is not enough time for this, or the person is seen being responsible for a crime. A person will then be told why they have been arrested, and their next of kin will also be told of the arrest. Finally, the article allows for government compensation if these rights are violated.
The New Zealand Bill of Rights Act, adopted in 1990, guarantees "Life and security of the person" in sections 8 through 11. Section 8 guarantees a right to life except when deprived in accordance with fundamental justice, while section 9 prohibits cruel and unusual punishment. Section 10 prohibits a person being subjected to medical treatment against his or her will. Finally, section 11 gives a New Zealander the right to not take medical treatment.
Security of person is mentioned in Schedule I Article 5 of the Human Rights Act 1998. [5] This version is the latest incarnation of the Act, though there have been minor edits since. [6] This new act represents one aspect of Tony Blair's promised constitutional reforms.
Habeas corpus is an equitable remedy by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian to bring the prisoner to court, to determine whether their detention is lawful.
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force on 23 March 1976 after its thirty-fifth ratification or accession. As of June 2024, the Covenant has 174 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw.
In Canadian and New Zealand law, fundamental justice is the fairness underlying the administration of justice and its operation. The principles of fundamental justice are specific legal principles that command "significant societal consensus" as "fundamental to the way in which the legal system ought fairly to operate", per R v Malmo-Levine. These principles may stipulate basic procedural rights afforded to anyone facing an adjudicative process or procedure that affects fundamental rights and freedoms, and certain substantive standards related to the rule of law that regulate the actions of the state.
The Canadian Bill of Rights is a federal statute and bill of rights enacted by the Parliament of Canada on August 10, 1960. It provides Canadians with certain rights at Canadian federal law in relation to other federal statutes. It was the earliest expression of human rights law at the federal level in Canada, though an implied Bill of Rights had already been recognized in the Canadian common law.
The right to life is the belief that a human has the right to live and, in particular, should not be killed by another entity. The concept of a right to life arises in debates on issues including: capital punishment, with some people seeing it as immoral; abortion, with some considering the killing of a human embryo or fetus immoral; euthanasia, in which the decision to end one's life outside of natural means is seen as incorrect; meat production and consumption, in which the breeding and killing of animals for their meat is seen by some people as an infringement on their rights; and in killings by law enforcement, which are seen by some as an infringement on those persons' right to live. However, individuals may disagree in which of these areas the principle of a right to life might apply.
Chapter 4: Bill of Rights.Chapter 4 of the 1997 Constitution of Fiji is titled Bill of Rights. It is one of the longest chapters of the Constitution, comprising a total of twenty-three sections.
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Section 7 of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section: the right to life, liberty and security of the person. Denials of these rights are constitutional only if the denials do not breach what is referred to as fundamental justice.
The New Zealand Bill of Rights Act 1990 is a statute of the Parliament of New Zealand part of New Zealand's uncodified constitution that sets out the rights and fundamental freedoms of anyone subject to New Zealand law as a bill of rights, and imposes a legal requirement on the attorney-general to provide a report to parliament whenever a bill is inconsistent with the Bill of Rights.
The Fundamental Rights in India enshrined in part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These rights are known as "fundamental" as they are the most essential for all-round development i.e., material, intellectual, moral and spiritual and protected by fundamental law of the land i.e. constitution. If the rights provided by Constitution especially the Fundamental rights are violated the Supreme Court and the High Courts can issue writs under Articles 32 and 226 of the Constitution, respectively, directing the State Machinery for enforcement of the fundamental rights.
Canada v Schmidt, [1987] 1 S.C.R. 500, is a decision by the Supreme Court of Canada on the applicability of fundamental justice under the Canadian Charter of Rights and Freedoms on extradition. While fundamental justice in Canada included a variety of legal protections, the Court found that in considering the punishments one might face when extradited to another country, only those that "shock the conscience" would breach fundamental justice.
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Article 5 – Right to liberty and security
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Article 9 of the Constitution of the Republic of Singapore, specifically Article 9(1), guarantees the right to life and the right to personal liberty. The Court of Appeal has called the right to life the most basic of human rights, but has yet to fully define the term in the Constitution. Contrary to the broad position taken in jurisdictions such as Malaysia and the United States, the High Court of Singapore has said that personal liberty only refers to freedom from unlawful incarceration or detention.
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