Security of the person

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 mentioned and protected by 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 the remedy of habeas corpus. 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.

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 9 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 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.

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