CHAPTER 4
RIGHT TO PERSONAL LIBERTY
drug addicts, vagrants or irregular migrants. Article 9 of the International Covenant on Civil
and Political Rights (ICCPR) of 1966 does not, however, contain a similar list of lawful forms
of deprivation of liberty, but prohibits arbitrary and unlawful arrest and detention, thereby
leaving States with a fairly broad discretionary power to define in their laws cases in which
persons may be deprived of their right to personal liberty. The UN Human Rights Committee
made it clear from the outset that Article 9 ICCPR ‘is applicable to all deprivations of liberty,
whether in criminal cases or in other cases such as, for example, mental illness, vagrancy,
drug addiction, educational purposes, immigration control, etc.’5 Similar provisions in other
general regional human rights treaties, such as Article 7 of the American Convention on
Human Rights (ACHR) of 1969, Article 6 of the African Charter on Human and Peoples’
Rights of 1981 or Article 14 of the Arab Charter on Human Rights of 2004 follow in this
respect the model of Article 9 ICCPR. It goes without saying that these provisions of general
international human rights law apply equally to children.
RATIFIED TREATIES
0 1 2 3 4 5
EUROPEAN
CONVENTION
ON HUMAN
RIGHTSStates
(1950)
Source: African Union, Council of Europe, League
of Arab States,
OHCHR, Organisation
of Amercian
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (1966)
AMERICAN
5 UN Human Rights Committee, General Comment
8/16, 27 JulyCONVENTION
1982, para. 1.
ON HUMAN RIGHTS (1969)
CONVENTION ON THE RIGHTS OF THE CHILD (1989)
OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE (2002)
62
ARAB CHARTER ON HUMAN RIGHTS (2004)
CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES (2006)
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