Security of person: Difference between revisions

'''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 mentioneddefined and protectedguaranteed 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 thea remedy ofsuch as ''[[habeas corpus]]''.<ref>Rhona K.M. Smith, ''Textbook on International Human Rights'', second edition, Oxford University Press, 2005, p. 240.</ref> 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.<ref>Smith, p. 245.</ref>

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 93 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.

In 1982, a right to security of the person was added to the Constitution. It was included in [[Section Seven of the Canadian Charter of Rights and Freedoms|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<ref>{{cite book |last=Hogg, |first=Peter W. ''|title=Constitutional Law of Canada.'' , 2003 Student Ed. Scarborough|location=Toronto, Ontario: |publisher=Thomson Canada Limited, |year=2003, |page=981.}}</ref> and of the right protecting the "psychological integrity" of an individual. That is, the right protects against significant government-inflicted harm ([[Stress (medicine)|stress]]) to the mental state of the individual. (''[[Blencoe v. B.C. (Human Rights Commission)]]'', 2000)

:::(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 [[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 Zealand]]er the right to not take medical treatment.

Security of person is mentioned in Schedule I Article 5 of the [[Human Rights Act 1998]].<ref>{{Cite web|url=http://www.opsilegislation.gov.uk/ACTSukpga/acts19981998/ukpga_19980042_en_3#sch142/contents/data.htm|title=Human Rights Act 1998|website=www.legislation.gov.uk|access-date=2019-06-19}}</ref> This version is the latest incarnation of the Act, though there have been minor edits since.<ref>{{Cite web|url=http://www.statutelawlegislation.gov.uk/SearchResultssearch/data.aspx?TYPEhtm|title=QS&TitleLegislation.gov.uk|website=human+rights+act&Yearwww.legislation.gov.uk|access-date=&Number=&LegType=All+Legislation2019-06-19}}</ref> This new act represents one aspect of [[Tony Blair]]'s "Constitutionalpromised constitutional Reform"reforms.