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Part III Substantive Guarantees, 15 Protection of Persons Deprived of their Liberty

From: The Law of International Human Rights Protection (2nd Edition)

Walter Kälin, Jörg Künzli

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 16 July 2024

Rights of persons deprived of their liberty — Right to liberty of movement

This chapter discusses protection of persons deprived of their liberty, particularly those who fall into the hands of the state as a result of being arrested, detained, imprisoned, or otherwise held in a closed institution who are particularly vulnerable to human rights violations. As a result, guarantees of protection of persons deprived of their liberty were among the earliest precursors of human rights. Modern human rights treaties address this subject from four angles: they guarantee the right to liberty and security of person; prohibit arbitrary deprivation of liberty; provide procedural protection against arrest, imprisonment, and other forms of deprivation of liberty; and establish minimum guarantees for the treatment of persons deprived of their liberty.

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