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Cover Jacobs, White, and Ovey: The European Convention on Human Rights

11. Personal Liberty and Security  

This chapter examines the provisions of the European Convention on Human Rights on personal liberty and security, and discusses the provisions of Article 5, which aims to guarantee liberty of the person and to provide guarantees against arbitrary arrest or detention. It explains what amounts to a deprivation of liberty and considers the concept of arbitrariness. The chapter also criticises the rather confused and unclear text of Article 5, examining each part of Article 5 and discusses the interpretation of the Court of this Article in its judgments. This includes the Court’s approach to detention on grounds provided for in the Article such as mental health and detention for the purposes of removal from the State.