- Dedication
- Preface to the Seventh Edition
- A Note on Citation Conventions
- Table of Judgments and Decisions of the Court of Human Rights
- Table of Decisions and Reports of the Commission of Human Rights
- Table of Treaties and Related Documents
- Table of Cases
- Abbreviations
- Part 1 Institutions and Procedures
- 1. Context, Background, and Institutions
- 2. Proceedings Before the Court
- 3. Supervising the Enforcement of Judgments
- 4. Interpreting the Convention
- 5. The Scope of the Convention
- 6. Reservations and Derogations
- Part 2 Convention Rights
- 7. The Right to an Effective Remedy
- 8. The Right to Life
- 9. Prohibition of Ill-Treatment
- 10. Protection from Slavery and Forced Labour
- 11. Personal Liberty and Security
- 12. The Right to a Fair Trial in Civil and Criminal Cases
- 13. Aspects of the Criminal Process
- 14. Limitations Common to Articles 8 to 11
- 15. Protecting Family Life
- 16. Protecting Private Life, The Home, and Correspondence
- 17. Freedom of Thought, Conscience, and Religion
- 18. Freedom of Expression
- 19. Freedom of Assembly and Association
- 20. Protection of Property
- 21. The Right to Education
- 22. The Right to Free Elections
- 23. Freedom of Movement
- 24. Freedom from Discrimination
- Part 3 Reflections
- 25. Results and Prospects
- Index
(p. 236) 11. Personal Liberty and Security
- Chapter:
- (p. 236) 11. Personal Liberty and Security
- Author(s):
Bernadette Rainey
, Elizabeth Wicks
, and Andclare Ovey
- DOI:
- 10.1093/he/9780198767749.003.0011
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, and discusses the interpretation of the Strasbourg Court of this article in its judgments.
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- Dedication
- Preface to the Seventh Edition
- A Note on Citation Conventions
- Table of Judgments and Decisions of the Court of Human Rights
- Table of Decisions and Reports of the Commission of Human Rights
- Table of Treaties and Related Documents
- Table of Cases
- Abbreviations
- Part 1 Institutions and Procedures
- 1. Context, Background, and Institutions
- 2. Proceedings Before the Court
- 3. Supervising the Enforcement of Judgments
- 4. Interpreting the Convention
- 5. The Scope of the Convention
- 6. Reservations and Derogations
- Part 2 Convention Rights
- 7. The Right to an Effective Remedy
- 8. The Right to Life
- 9. Prohibition of Ill-Treatment
- 10. Protection from Slavery and Forced Labour
- 11. Personal Liberty and Security
- 12. The Right to a Fair Trial in Civil and Criminal Cases
- 13. Aspects of the Criminal Process
- 14. Limitations Common to Articles 8 to 11
- 15. Protecting Family Life
- 16. Protecting Private Life, The Home, and Correspondence
- 17. Freedom of Thought, Conscience, and Religion
- 18. Freedom of Expression
- 19. Freedom of Assembly and Association
- 20. Protection of Property
- 21. The Right to Education
- 22. The Right to Free Elections
- 23. Freedom of Movement
- 24. Freedom from Discrimination
- Part 3 Reflections
- 25. Results and Prospects
- Index
