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UN Programme on Disability   Working for full participation and equality

 

Article 14 - Liberty and security of the person

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References

 

 

International human rights conventions and other legal instruments
 

ICESCR: International Covenant on Economic, Social and Cultural Rights
ICCPR: International Covenant on Civil and Political Rights
CERD: Convention on the Elimination of Racial Discrimination
CEDAW: Convention on the Elimination of All Forms of Discrimination against Women
CAT: Convention Against Torture
CRC: Convention on the Rights of the Child
ILO Convention 159: Vocational Rehabilitation and Employment (Disabled Persons)
ILO Recommendation 168: Vocational Rehabilitation and Employment (Disabled Persons)



Article 14
Related to para. 1 (a)

ICCPR, Article 9(1), first sentence: Everyone has the right to liberty and security of person.


CERD, Article 5(b): In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to (…) guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: (b) The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution;


CMW, Article 16(1): Migrant workers and members of their families shall have the right to liberty and security of person.


Related to para. 1 (b)

ICCPR, Article 9(1), second and third sentences: 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.


CRC, Article 37(b): States Parties shall ensure that: … (b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;


Related to para. 2 (a)

ICCPR, Article 10(1): All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.


CRC, Article 37(c): States Parties shall ensure that: … (c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age…


CMW, Article 17(1): Migrant workers and members of their families who are deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person and for their cultural identity.


Related to para. 2 (b)

ICCPR, Article 9(2): Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.


ICCPR, Article 14(3), (a) and (f): In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; … (f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court;


CRC, Article 40(b), (ii) and (vi): … States Parties shall, in particular, ensure that: … (b) Every child alleged as or accused of having infringed the penal law has at least the following guarantees: … (ii) To be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians… (vi) To have the free assistance of an interpreter if the child cannot understand or speak the language used;


CMW, Article 18(3), (a) and (f):
In the determination of any criminal charge against them, migrant workers and members of their families shall be entitled to the following minimum guarantees: … (a) To be informed promptly and in detail in a language they understand of the nature and cause of the charge against them; …(f) To have the free assistance of an interpreter if they cannot understand or speak the language used in court;


Related to para 2 (c)(i)

ICCPR, Article 9(3) and (4):

3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release…


4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.


CRC, Article 37(d): Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.


CMW, Article 16(8): Migrant workers and members of their families who are deprived of their liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of their detention and order their release if the detention is not lawful…


Related to para. 2 (c)(ii)

ICCPR, Article 14(5): Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.


CRC, Article 40(b)(v): … States Parties shall, in particular, ensure that: … (b) Every child alleged as or accused of having infringed the penal law has at least the following guarantees: …(v) If considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher competent, independent and impartial authority or judicial body according to law;


CMW, Article 18(5): Migrant workers and members of their families convicted of a crime shall have the right to their conviction and sentence being reviewed by a higher tribunal according to law.


Related to 2 (d)

ICCPR, Article 9(5): Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.


ICCPR, Article 14(6): When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.


CMW, Article 16(9): Migrant workers and members of their families who have been victims of unlawful arrest or detention shall have an enforceable right to compensation.

 





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