Universal Declaration Of Human Rights (ICESCR)

Great Essays
Liberty isn’t only represented in it’s own right, the right to liberty exists within many of the other human rights outlined within the many human rights treaties and documents. The general definition of liberty may be defined as having freedom or independence within society. This definition could be considered the broadest definition of the term. In contrast, liberty could actually be defined in a myriad of ways. For example, the right to liberty is mentioned in regards to detainment, religion and education within the ICCPR, ICESCR, and the Universal Declaration of Human Rights. However, for the purpose of this essay, the right to liberty is going to be applied primarily to articles nine and ten within the ICCPR. The word primarily is used, …show more content…
The right to liberty is also referenced within the “Universal Declaration of Human Rights” as well as within the “International Covenant on Economic, Social, and Cultural Rights”, all of which are considered the makings of the International Bill of Rights. The Universal Declaration of Human Rights was adopted by the United Nations General Assembly on December 10th, 1948 (United Nations). The right to life, liberty and personal security was stated within article three of the document. The document proclaims, “Everyone has the right to life, liberty and security of person” (United Nations). The ICESCR is a multilateral treaty that was adopted by the United Nations General Assembly on December 16th, 1966. However, the treaty was forced into entry on January 3rd, 1976. The right to liberty is mentioned in article thirteen part three and four, in regards to the liberty of parents or parental guardians choosing an educational path for their children so long as such paths comply with the minimum education standards laid down by the state …show more content…
The opposition supports the notion of ‘preventive detention’. Preventive detention is explained by Claire Macken as, “A person detained, not for punishment for a proven transgression of the criminal law, but because the individual is considered a potential threat to state security” (Macken, 2005, pg. 2). Macken goes on to explain that the purpose of preventive detention is to “safeguard national security or public order” (Macken, 2005, pg. 2). Essentially, the argument within this concept suggests that one may lose their right to liberty in the event that administrative or ministerial authority determines one poses a threat to national security and/or public order. This measure was created as a response to article nine of the ICCPR. Others had argued that the stipulations of article nine shouldn’t be all encompassing. Actors have argued the right to liberty and personal security should be granted based on circumstantial situations depending on the violation that has occurred or the past history of the

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