Security of 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.^[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]

United Nations

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."

Canada

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]

South Africa

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.

Turkey

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.

New Zealand

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.

United Kingdom

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 "Constitutional Reform".

References

↑ Rhona K.M. Smith, Textbook on International Human Rights, second edition, Oxford University Press, 2005, p. 240.
↑ Smith, p. 245.
↑ Hogg, Peter W. Constitutional Law of Canada. 2003 Student Ed. Scarborough, Ontario: Thomson Canada Limited, 2003, 981.
↑ Hogg, 983.
↑ http://www.opsi.gov.uk/ACTS/acts1998/ukpga_19980042_en_3#sch1
↑ http://www.statutelaw.gov.uk/SearchResults.aspx?TYPE=QS&Title=human+rights+act&Year=&Number=&LegType=All+Legislation

Articles of the Universal Declaration of Human Rights

General principles

Article 1: Freedom, Egalitarianism, Dignity and Brotherhood Article 2: Universality of rights

International Covenant on Civil and Political Rights

Articles 1 and 2: Right to freedom from discrimination
Article 3: Right to life, liberty and security of person
Article 4: Freedom from slavery
Article 5: Freedom from torture or cruel and unusual punishment
Article 6: Right to personhood
Article 7: Equality before the law
Article 8: Right to effective remedy from the law
Article 9: Freedom from arbitrary arrest, detention or exile
Article 10: Right to a fair trial
Article 11.1: Presumption of innocence
Article 11.2: Prohibition of retrospective law
Article 12: Right to privacy
Article 13.1: Freedom of movement
Article 13.2: Right of return
Article 14: Right of asylum
Article 15: Right to a nationality
Article 16: Right to marriage and family life
Article 17: Right to property
Article 18: Freedom of thought, conscience and religion
Article 19: Freedom of opinion and expression and information
Article 20.1: Freedom of assembly
Article 20.2: Freedom of association
Article 21.1: Right to participation in government
Article 21.2: Right of equal access to public office
Article 21.3: Right to universal suffrage

International Covenant on Economic, Social and Cultural Rights

Article 22: Right to social security
Article 23.1: Right to work
Article 23.2: Right to equal pay for equal work
Article 23.3: Right to just remuneration
Article 23.4: Right to join a trade union
Article 24: Right to rest and leisure
Article 25.1: Right to an adequate standard of living
Article 25.2: Right to special care and assistance for mothers and children
Article 26.1: Right to education
Article 26.2: Human rights education
Article 26.3: Right to choice of education
Article 27: Right to science and culture

Context, limitations and duties

Article 28: Social order Article 29.1: Social responsibility Article 29.2: Limitations of human rights Article 29.3: The supremacy of the purposes and principles of the United Nations

Article 30:	Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

Human rights category
Human rights portal

Substantive human rights

Note: What is considered a human right is controversial and not all the topics listed are universally accepted as human rights.

Civil and political	Equality before the law Freedom from arbitrary arrest and detention Freedom of assembly Freedom of association Freedom from cruel and unusual punishment Freedom from discrimination Freedom from exile Freedom of information Freedom of movement Freedom of religion Freedom from slavery Freedom of speech Freedom of thought Freedom from torture Legal aid Liberty LGBT rights Nationality Personhood Presumption of innocence Right of asylum Right to die Right to a fair trial Right to family life Right to keep and bear arms Right to life Right to petition Right to privacy Right to protest Right to refuse medical treatment Right of self-defense Security of person Universal suffrage

Economic, social and cultural	Digital rights Equal pay for equal work Fair remuneration Labor rights Right to an adequate standard of living Right to clothing Right to development Right to education Right to food Right to health Right to housing Right to Internet access Right to property Right to public participation Right of reply Right of return Right to science and culture Right to social security Right to water Right to work Trade union membership

Sexual and reproductive	Abortion Family planning Freedom from involuntary female genital mutilation Intersex human rights LGBT rights Reproductive health Right to sexuality

Violations	Corporal punishment

War and conflict	Civilian Combatant Freedom from genocide Prisoner of war War rape

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