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Max Planck Encyclopedia of Public International Law [MPEPIL]

Liberty, Right to, International Protection

Niels Petersen

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 04 August 2020

Right to liberty of movement — Rights of persons deprived of their liberty — Detention — Right to fair trial

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 The right to liberty is the cornerstone of the liberal philosophical tradition. Immanuel Kant has expressed this in his Metaphysics of Morals, where he makes individual liberty the foundation of his moral philosophy. According to Kant, ‘[f]reedom (independence from being constrained by another’s choice), insofar as it can coexist with the freedom of every other in accordance with a universal law, is the only original right belonging to every man by virtue of his humanity’ (I Kant ‘The Metaphysics of Morals’ in MJ Gregor [tr] Practical Philosophy [CUP Cambridge...
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