The right to liberty and security of person1 comprises, as its fundamental tenet, that no one may be arbitrarily deprived of liberty. For the purposes of this chapter, ‘deprivation of liberty’ presupposes some form of detention. Restrictions on movement, which do not amount to ‘deprivation of liberty’, are subject to the limitation clauses in the provisions relating to freedom of movement.2 The avoidance of ‘arbitrary deprivation of liberty’ comprises three main conditions: The way in which these three conditions are presented is very similar in Article 9 of the...
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