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(p. 236) 11. Personal Liberty and Security 

(p. 236) 11. Personal Liberty and Security
(p. 236) 11. Personal Liberty and Security

Bernadette Rainey

, Elizabeth Wicks

, and Andclare Ovey

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date: 25 January 2021

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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