PART 2.3 breach of the obligations owed by States to victims of crime and victims of gross human rights violations. Two important human rights are also directly relevant: the right to freedom of movement and the prohibition on arbitrary detention. Both rights are considered further below. THE RIGHT TO FREEDOM OF MOVEMENT The right to freedom of movement is considered under Principle 3 and related Guidelines in the context of the obligation on States to ensure that measures taken to address trafficking do not interfere with established rights. The present section should be read in conjunction with that discussion, which provides additional detail on this important right. By way of summary, it is relevant to note that freedom of movement is a core human right, protected by major international and regional human rights treaties. The only direct reference to freedom of movement in the specific context of trafficking is contained in the Trafficking Principles and Guidelines: [States should consider] protecting the right of all persons to freedom of movement and ensuring that anti-trafficking measures do not infringe upon this right. (Guideline 1.5) The analysis conducted under Principle 3 and related Guidelines confirms that, for trafficked persons who are lawfully within the relevant country, their detention in any kind of public or private facility would generally violate their right to freedom of movement. The situation is not as clear for trafficked persons who are unlawfully within the country, as States could more easily present justifications relating to allowable exceptions such as reasons of public order, national security or public health. Such justifications would need to be tested on their merits. As noted by the Human Rights 134 Committee in its general comment No. 27, any restrictions on this right “must be provided by law, must be necessary … and must be consistent with all other rights”.274 THE RIGHT TO LIBERTY AND THE PROHIBITION ON ARBITRARY DETENTION The international legal standard in relation to liberty and the prohibition on arbitrary detention is set out in article 9 (1) of the International Covenant on Civil and Political Rights: Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.275 The right to liberty is not absolute. International law recognizes that States should be able to retain the ability to use measures that deprive people of their liberty. The fact of deprivation of liberty becomes problematic under international law only when it is unlawful and arbitrary. States should make sure they define precisely those cases in which deprivation of liberty is permissible. The principle of legality is violated if someone is detained on grounds that are not clearly established in a domestic law or are contrary to such law.276 Human Rights Committee, general comment No. 27, para. 11. 274 Similar provisions can be found in the Universal Declaration of Human Rights, art. 3; European Convention on Human Rights, art. 5(1); African Charter, art. 6; American Convention on Human Rights, art. 7. 275 Nowak, op. cit., pp. 211 and 224. Note the prohibition on unlawful or arbitrary deprivation of liberty is also contained in other major human rights instruments including, for example, the Convention on the Rights of Persons with Disabilities (“States Parties shall ensure that persons with disabilities, on an equal basis with others … [a]re not deprived of their liberty unlawfully or arbitrarily, and that any deprivation of liberty is in conformity with the law, and that the existence of a disability shall in 276 RECOMMENDED PRINCIPLES AND GUIDELINES ON HUMAN RIGHTS AND HUMAN TRAFFICKING