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 defined and guaranteed 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 a remedy such as '' habeas corpus''. Security of person can also be seen as an expansion of rights based on prohibitions of torture and

cruel and unusual punishment Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisd ...

. Rights to security of person can guard against less lethal conduct, and can be used in regard to prisoners' rights.

United Nations

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 The right to life is the belief that a being has the right to live and, in particular, should not be killed by another entity. The concept of a right to life arises in debates on issues including capital punishment, with some people seeing it as ...

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 3 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."

Europe

The right to security of the person is mentioned in Article 5(1) of the European Convention on Human Rights under the heading ''Right to liberty and security'' ("Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law") and in Article 6 of the Charter of Fundamental Rights of the European Union ("Everyone has the right to liberty and security of person").

Canada

The right to security of the person was recognized in Canada in the ''

Canadian Bill of Rights The ''Canadian Bill of Rights'' (french: Déclaration canadienne des droits) is a federal statute and bill of rights enacted by the Parliament of Canada on August 10, 1960. It provides Canadians with certain rights at Canadian federal law in rel ...

'' 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 Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual pers ...

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 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 and of the right protecting the "psychological integrity" of an individual. That is, the right protects against significant government-inflicted harm ( stress) to the mental state of the individual. (''

Blencoe v. B.C. (Human Rights Commission) ''Blencoe v British Columbia (Human Rights Commission)'', 0002 S.C.R. 307 is a leading Supreme Court of Canada decision on the scope of section 7 of the Canadian Charter of Rights and Freedoms, and on the administrative law principle of natural ...

'', 2000) This right has generated significant case law, as abortion in Canada was legalized in ''

R. v. Morgentaler ''R v Morgentaler'', 9881 SCR 30 was a decision of the Supreme Court of Canada which held that the abortion provision in the ''Criminal Code'' was unconstitutional because it violated women's rights under section 7 of the ''Canadian Charter of R ...

'' (1988) after the Supreme Court found the Therapeutic Abortion Committees breached women's security of person by threatening their health. Some judges also felt control of the body was a right within security of the person, breached by the abortion law. In '' Operation Dismantle v. The Queen'' (1985)

cruise missile A cruise missile is a guided missile used against terrestrial or naval targets that remains in the atmosphere and flies the major portion of its flight path at approximately constant speed. Cruise missiles are designed to deliver a large warhe ...

testing was unsuccessfully challenged as violating security of the person for risking

nuclear war Nuclear warfare, also known as atomic warfare, is a theoretical military conflict or prepared political strategy that deploys nuclear weaponry. Nuclear weapons are weapons of mass destruction; in contrast to conventional warfare, nuclear w ...

. In ''

Chaoulli v. Quebec (Attorney General) ''Chaoulli v Quebec (AG)'' 0051 S.C.R. 791, , was a decision by the Supreme Court of Canada of which the Court ruled that the ''Quebec Health Insurance Act'' and the ''Hospital Insurance Act'' prohibiting private medical insurance in the face of lo ...

'' (2005), some Supreme Court justices even considered Quebec's ban on private

health care Health care or healthcare is the improvement of health via the prevention, diagnosis, treatment, amelioration or cure of disease, illness, injury, and other physical and mental impairments in people. Health care is delivered by health profe ...

to breach security of the person, since delays in medical treatment could have physical and stressful consequences. There has been discussion within the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

and among academics as to whether security of the person also guarantees some economic rights. Theoretically, security of the person would be breached if the government limits a person's ability to make an income, by denying welfare, taking away property essential to one's profession, or denying licenses. However, section 7 is primarily concerned with legal rights, so this reading of economic rights is questionable. Many economic issues could also be political questions.

South Africa

In 1996 the government of South Africa adopted a constitutional Bill of Rights which recognized a right to security of the person in section 12. Here, it was combined with a "right to

freedom Freedom is understood as either having the ability to act or change without constraint or to possess the power and resources to fulfill one's purposes unhindered. Freedom is often associated with liberty and autonomy in the sense of "giving on ...

." Section 12 went on to define security of the person and the right to freedom more thoroughly, including within it bodily control and reproductive control, freedom from torture and cruel and unusual punishment and a right to trial. In full, section 12 reads,

Turkey

The

Constitution of Turkey The Constitution of the Republic of Turkey ( tr, Türkiye Cumhuriyeti Anayasası), also known as the Constitution of 1982, is Turkey's fundamental law. It establishes the organization of the government and sets out the principles and rules of ...

guarantees security of person, along with the right to liberty, in Article 19, enacted in 1982 and amended in 2001. The article spells out limits to these rights in the form of rulings of courts under the law, allowing for mental institutions and institutions for addicts, extradition, etc. The article also limits arrest and detention to cases in which a judge allows it, where there is not enough time for this, or the person is seen being responsible for a crime. A person will then be told why they have been arrested, and their

next of kin A person's next of kin (NOK) are that person's closest living blood relatives. Some countries, such as the United States, have a legal definition of "next of kin". In other countries, such as the United Kingdom, "next of kin" may have no legal d ...

will also be told of the arrest. Finally, the article allows for government compensation if these rights are violated.

New Zealand

The

New Zealand Bill of Rights Act The New Zealand Bill of Rights Act 1990 (sometimes known by its acronym, NZBORA or simply BORA) is a statute of the Parliament of New Zealand part of New Zealand's uncodified constitution that sets out the rights and fundamental freedoms of a ...

, adopted in 1990, guarantees "Life and security of the person" in sections 8 through 11. Section 8 guarantees a

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 Zealander the right to not take medical treatment.

United Kingdom

Security of person is mentioned in Schedule I Article 5 of the

Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Con ...

. This version is the latest incarnation of the Act, though there have been minor edits since. This new act represents one aspect of Tony Blair's promised constitutional reforms.