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30 - Rights Relating to Personal Freedom

from Title 8 - Rights and Freedoms

Published online by Cambridge University Press:  10 April 2025

Ludovic Hennebel  and
Hélène Tigroudja
Ludovic Hennebel
Affiliation:
Aix-Marseille University
Hélène Tigroudja
Affiliation:
Aix-Marseille University
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Summary

This chapter examines rights relating to personal freedom, including the right to liberty and the rights of persons deprived of liberty. It discusses the legal basis, interpretation, scope, and international protection of these rights. The chapter explores the standards for lawful detention, the procedural safeguards required to protect personal freedom, and the mechanisms for monitoring and enforcing these standards. It also highlights the role of international bodies in addressing violations of personal freedom and the challenges in ensuring compliance with human rights norms in various contexts, including criminal justice, immigration, and mental health.

Keywords

habeas corpusArbitrary DetentionPreventive DetentionAdministrative DetentionRight to LibertyDue ProcessProcedural SafeguardsRight to CounselJudicial ReviewIndefinite Detention
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Chapter
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International Human Rights Law
A Treatise
 , pp. 724 - 763
Publisher: Cambridge University Press
Print publication year: 2025

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