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The UN Convention on the Rights of Persons with Disabilities - A Commentary edited by Bantekas, Ilias; Stein, Michael Ashley; Anastasiou, Dimitris

Art.14 Liberty and Security of the Person

Michael Perlin, Eva Szeli

From: The UN Convention on the Rights of Persons with Disabilities: A Commentary

Edited By: Ilias Bantekas, Michael Ashley Stein, Dimitris Anastasiou

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 20 August 2019

Subject(s):
Right to liberty and security of person — Disability — Jurisdiction

This chapter examines Article 14 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which deals with the fundamental right to liberty and security. It traces the legislative history of Article 14 and, in an analysis of its provisions and interpretations, seeks to understand its application in light of these complexities. The right to liberty of person and the right to security of person have been described as two aspects of the same right, physical liberty being the substantive aspect and security the means of protection or the procedural aspect. The ‘liberty and security’ clause of this article empowers the Committee on the Rights of Persons with Disabilities ‘to question governments on a broad range of potential violations, including civil commitment proceedings, compulsory medical treatment, and conditions inside medical and detention facilities’.

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