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Journal articles on the topic 'The right to liberty'

Author: Grafiati

Published: 21 December 2024

Last updated: 31 July 2025

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1

Ambika Prashad Misra. "Right of Life and Personal Liberty and Indian Constitution: New Changing Dimensions." Journal of Information Systems Engineering and Management 10, no. 3 (2025): 1271–75. https://doi.org/10.52783/jisem.v10i3.8920.

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Right to life and personal liberty is the most cherished and pivotal fundamental human rights around which other rights of the individual revolve. Due to constitutional jurisprudential approach article 21 is become the celebrity provision of the Indian Constitution and "right to life and personal liberty" provides a liberty to everyone in their respective sphere. The trinity i.e. liberty, equality and fraternity always blossoms and enlivens the flower of human dignity. One of the gifts of democracy to mankind is the right to personal liberty. The evolution of basic concept makes it imperative

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2

Wells, Mark, Scott Simmons, and Diana Klim. "LIBERTY FOR CORVIDS." Public Affairs Quarterly 31, no. 3 (2017): 231–54. http://dx.doi.org/10.2307/44732794.

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Abstract We argue that at least some corvids morally ought to be granted a right to bodily liberty in the US legal system and relevantly similar systems. This right would grant immunity to frivolous captivity and extermination. Implementing this right will require new legislation or the expansion of existing legislation including the elimination of various "pest" clauses. This paper proceeds in three parts. First, we survey accounts of the moral grounds of legal rights. Second, to establish an overlapping consensus supporting corvid bodily liberty rights, we survey the empirical literature on

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Kates, Carol A. "Reproductive Liberty and Overpopulation." Environmental Values 13, no. 1 (2004): 51–79. http://dx.doi.org/10.1177/096327190401300104.

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Despite substantial evidence pointing to a looming Malthusian catastrophe, governmental measures to reduce population have been opposed both by religious conservatives and by many liberals, especially liberal feminists. Liberal critics have claimed that ‘utilitarian’ population policies violate a ‘fundamental right of reproductive liberty’. This essay argues that reproductive liberty should not be considered a fundamental human right, or certainly not an indefeasible right. It should, instead, be strictly regulated by a global agreement designed to reduce population to a sustainable level. Thr

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Moore, Michael S. "LIBERTY AND THE CONSTITUTION." Legal Theory 21, no. 3-4 (2015): 156–241. http://dx.doi.org/10.1017/s1352325216000057.

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ABSTRACTThe article uses the recent U.S. Supreme Court decision in the same-sex marriage caseObergefell v. Hodgesas the springboard for a general enquiry into the nature and existence of a constitutional right to liberty under the American Constitution. The discussion is divided into two main parts. The first examines the meaning and the justifiability of there being a moral right to liberty as a matter of political philosophy. Two such rights are distinguished and defended: first, a right not to be coerced by the state when the state is motivated by improper reasons (prominent among which are

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Lazareva, Daria. "Subject matter, content and structure of the right to freedom and personal inviolability: problem aspects." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (2021): 72–79. http://dx.doi.org/10.31733/2078-3566-2021-3-72-79.

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The scientific article draws attention to the subject of the right to liberty and security of person and its place in the science of legal law. The content of this right in terms of its components is also studied. Particular attention is paid to the structure of the right to liberty and security of person, namely: the division into two independent structural elements: the right to liberty and the right to personal integrity. The case law of the European Court of Human Rights is studied through the prism of guarantees of the right to liberty and security of person contained in Art. 5 of the Con

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Riley, Jonathan M. "Liberty as a right." Philosophers' Magazine, no. 46 (2009): 46–52. http://dx.doi.org/10.5840/tpm20094641.

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7

Sobel, Jordan Howard. "Rights to Punish for Libertarians." Dialogue 34, no. 4 (1995): 675–94. http://dx.doi.org/10.1017/s0012217300011057.

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Thomas Hurka derives rights to punish from what I will term the Libertarian Rights Principle, which is “that there is really only one natural right, namely the equal right of all persons to the most extensive liberty compatible with a like liberty for other persons, and that all other natural rights are species or instances of the right to liberty.” These rights to punish, he says, (1) extend only to punishing violators of rights, never to “punishing” the innocent; (2) extend only to punishing for violations pursuant to intentions publicly announced prior to these violations; (3) are subject t

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De la Garza Camino, Mercedes. "Sobre libertad e igualdad religiosas." Theoría. Revista del Colegio de Filosofía, no. 18 (July 1, 2007): 41–50. http://dx.doi.org/10.22201/ffyl.16656415p.2007.18.337.

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The right to religious liberty that every individual has is based on the Universal Declaration of Human Rights and can no longer be questioned. Based on this premise, this article deals with religious liberty and equality, presenting in the first place religion as a historical fact, free from any dogma, and in the second place an analysis of human rights and cultural rights, taking the violation of the right to religious liberty in native mayan communities as an example.

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Абламська, В. В. "Normative Provision of the Right to Liberty and Integrity of the Person in the Light of International and National Legislation." Bulletin of Kharkiv National University of Internal Affairs 90, no. 3 (2020): 93–101. http://dx.doi.org/10.32631/v.2020.3.10.

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The normative provision of the right to liberty and integrity of the person in the light of international and national legislation has been studied. The provisions of generally recognized international legal acts guaranteeing the right to liberty and integrity of the person have been provided. At the same time, there are also convention regulations, which provide cases of possible restriction of the researched right, and we note that such a right is not absolute in this regard. It has been determined that the norms of the Constitution of Ukraine, which regulate the right to liberty and integri

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10

Lazareva, Daria. "Fundamental legal acts of international importance on the observance of the right to liberty and security of person: a retrospective analysis." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (2021): 25–31. http://dx.doi.org/10.31733/2078-3566-2021-2-25-31.

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The article examines the content of the right to liberty and security of person in fundamental international regulations in retrospect. In particular, attention was paid to the disclosure of the essence of the rules that determine certain principles of respect for the right to liberty and security of person, which are the violation of this right, specific definition of grounds and terms of imprisonment or restriction of liberty on legal grounds. The scientific article emphasizes the growing number of appeals to the European Court of Human Rights, which indicates the underdeveloped structures o

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11

Borisova, Valentina I., Yurii M. Zhornokui, and Larysa V. Krasytska. "RESTRICTIONS OF THE RIGHT TO LIBERTY." Wiadomości Lekarskie 73, no. 12 (2020): 2915–20. http://dx.doi.org/10.36740/wlek202012235.

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The aim: To determine the grounds of involuntary admission of a mentally ill person in the context of the possibility to restrict his or her right to liberty. Materials and methods: The authors have studied and analyzed international legal acts, legislation of certain countries, judgments of the European Court of Human Rights, case law on involuntary admission of a mentally ill person by using philosophical, general and special scientific research methods. Conclusions: The imperfection of the legal regulation of relations concerning the involuntary admission of a mentally ill person leads to i

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12

Panichas, George E. "THE BASIC RIGHT TO LIBERTY." Journal of Social Philosophy 21, no. 1 (1990): 55–76. http://dx.doi.org/10.1111/j.1467-9833.1990.tb00266.x.

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13

Ienca, Marcello. "The Right to Cognitive Liberty." Scientific American 317, no. 2 (2017): 10. http://dx.doi.org/10.1038/scientificamerican0817-10.

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14

Neumann, Tom. "Religious Liberty: An Inalienable Right." Journal of Law and Religion 8, no. 1/2 (1990): 241. http://dx.doi.org/10.2307/1051277.

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15

Dougin, AM. "Legal protection in psychiatry. The jurisprudence of the organs of the European convention of human rights." European Psychiatry 13, S3 (1998): 101s—106s. http://dx.doi.org/10.1016/s0924-9338(98)80040-0.

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SummaryThe European Convention of Human Rights recognises a certain number of rights and freedoms for persons within States' jurisdiction. For those confined in psychiatric hospitals, this legal protection concerns first of all the lawfulness of deprivation of liberty, which must conform to the conditions laid down by the Convention as interpreted by the case-law of the Convention organs (the Commission and Court of Human Rights). The Convention also guarantees to person deprived of their liberty further rights: the right to information, the right to appear before a court, the right to compens

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16

Lazareva, D. "Problems of preserving the right to freedom and personal integrity during criminal proceedings." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 242–49. http://dx.doi.org/10.24144/2788-6018.2022.03.44.

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The scientific article highlights the issue of observance of the right to liberty and security of person in criminal proceedings, given the difficulties in implementing the legal basis for ensuring this right by authorized officials. The procedural actions of observance of this right and their realization within the framework of the criminal process and the corresponding procedures provided by the current Criminal Procedure Code of Ukraine are comprehensively analyzed. Empirical analysis of all available materials by foreign and Ukrainian authors allows us to form realistic assessments of resp

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17

Suranya, S. Kumar. "Right To Bail-Judicial Trends." International Journal of Advance and Applied Research 10, no. 3 (2023): 103–6. https://doi.org/10.5281/zenodo.7583264.

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Indian Constitution is the lengthiest written constitution and is crystal clear about the human right’s vision of right to life and liberty. The constitutional vision has given the courts to spread it wings to the need of the time and trend to impart justice.  The right to life in article 21 has become a shielding sky to a criminal’s personal liberty as fundamental right to the extent that he proved guilty.  The constitutional vision of right to life and liberty and its applicational trend of the Indian Judiciary is visible in number of cases. The objective of the researc

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18

McWhirter, Rebekah. "The Right to Liberty in a Pandemic." University of Queensland Law Journal 40, no. 2 (2021): 159–79. http://dx.doi.org/10.38127/uqlj.v40i2.5721.

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   The European Convention on Human Rights has given rise to the most extensive and influential case law of any human rights jurisdiction, and the inclusion of an express infectious diseases exception to the right to liberty suggests that its jurisprudence is likely to provide the best available guidance to states on the circumstances in which such measures may be justifiable and lawful. However, this article argues that the principles developed to date are limited in their applicability to the current crisis, and are insufficient for determining the appropriate balance betwe

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19

Pelekh, Zoriana. "REGULATORY LEGAL PRINCIPLES FOR THE REALIZATION OF PUBLIC RIGHT TO LIBERTY AND INTEGRITY OF THE PERSON." Administrative law and process 32, no. 1 (2021): 70–86. http://dx.doi.org/10.17721/2227-796x.2021.1.06.

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Purpose. The purpose of the article is to determine regulatory legal principles for the realization of public right to liberty and integrity of the person beyond the sphere of criminal proceedings (from administrative law standpoint). Methods. The research methodology consists of general and special methods of scientific cognition, including system, comparative and legal, grouping, structural and logical, method of analysis, synthesis, deduction, induction and others that were used while studying the provisions of scientific papers, regulatory legal acts, while forming the directions of the re

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Kowalczyk, Ks Stanisław. "Etyka – zagrożenie wolności nauki?" Annales. Etyka w Życiu Gospodarczym 13, no. 2 (2010): 19–23. http://dx.doi.org/10.18778/1899-2226.13.2.02.

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Paper has three parts. Te first part gives the reasons for need of liberty external-social of science guaranteed by law. Speaks about it Declaration of human rights in 1948 and social teaching of Church – including documents of Vaticanum II and Jean Paul II, which indicate of subjectivity and dignity of man as person. The second part of this paper based on personalism demonstrates that science can harmoniously develop only in the climate of internal-moral freedom of scientist. The purpose of science is revelation of truth, but effects of scientific investigations – in particular of biological-

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21

Tarnu, Lucian Ioan. "Liberty Of Conscience, Natural Right And Essence Of Liberty Of Thinking." International conference KNOWLEDGE-BASED ORGANIZATION 21, no. 2 (2015): 520–24. http://dx.doi.org/10.1515/kbo-2015-0089.

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Abstract Liberty of thinking is an absolute characteristic of human rights manifested in our society and it has both an individual dimension - meaning having opinions and beliefs - and a social and political dimension - if we think at their development. Liberty of thinking, conscience and religion represent some of the basic components of a democratic society. This also occurs as the most important elements of the identity of a nation and it contributes significantly to its proper development. Human conscience can not and should not be directed by administrative means, but it should always be

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22

Enonchong, Laura-Stella. "Applying International Standards in Enforcing the Right to Personal Liberty in Cameroon: Challenges and Prospects." Journal of African Law 60, no. 3 (2016): 389–417. http://dx.doi.org/10.1017/s0021855316000140.

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AbstractThis article examines the problematic enforcement of the right to personal liberty in Cameroon. It offers a critical review of that right by assessing its compatibility with international standards endorsed by article 9 of the International Covenant on Civil and Political Rights and article 6 of the African Charter on Human and Peoples’ Rights. It finds that, although a small number of provisions are not sufficiently robust to protect that right adequately, for the most part the Cameroonian provisions reflect international standards. In the light of that assessment, the article seeks t

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23

Bukhta, Yu. "Restrictions on the rights to liberty and security of person in the conditions of COVID -19." Uzhhorod National University Herald. Series: Law, no. 68 (March 24, 2022): 35–40. http://dx.doi.org/10.24144/2307-3322.2021.68.6.

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The article provides a comprehensive analysis of the theoretical provisions and legal basis for establishing restrictions on the rights to liberty and security of person in terms of preventing the spread of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV-2 in Ukraine.The study argues that the implementation of human rights restrictions in the context of preventing the spread of the COVID-19 pandemic should be based on criteria of quality of law, justification of purpose and public necessity.Based on the analysis of certain provisions of the current legislation, which esta

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24

Kaiser, Günther. "Human rights in the enforcement of sanctions involving deprivation of liberty." International Annals of Criminology 28, no. 1-2 (1990): 151–74. https://doi.org/10.1017/s000344529000890x.

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As is generally known, human rights are those fundamental rights every human being as such is entitled to irrespective of its affiliation to a certain state or particular group. I am thinking of the protection of human dignity, the right to live, freedom from injury, the general right to privacy, equal protection, religious freedom, the freedom of information, the protection of marriage and family, the right to due process of law, the right to petition and the guarantee of legal protection (access to law). Respect for human rights applies to all regardless of race, sex, language and religion.

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Banduła, Paweł. "The Prisoner’s Right to Freedom of Conscience and Religion in the European System of Human Rights Protection." Biuletyn Stowarzyszenia Absolwentów i Przyjaciół Wydziału Prawa Katolickiego Uniwersytetu Lubelskiego 14, no. 2 (2023): 7–16. http://dx.doi.org/10.32084/sawp.2019.14.2-1.

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The article aims to present the prisoner’s right to the freedom of conscience and religion in the European system of human rights. A detainee is a subject of special human rights because he or she is deprived of the right to liberty. Public authorities are obliged to strictly observe the law related to the sphere of convicts and their views. The right of people deprived of liberty is to exercise their free thought, conscience and religion. No one should be subjected to coercion which would limit their freedom of religion, except as stipulated by the legislator. Public authorities are obliged t

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Corte-Real de Araújo, Alexandre Gentil. "Sacred Liberty The Bright In Constitution Of The Democratic Republic Of Timor-Leste (2024)." American Journal of Medical and Clinical Research & Reviews 03, no. 08 (2024): 01–11. http://dx.doi.org/10.58372/2835-6276.1197.

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Introduction: Sacred liberty consists of autonomy to profess their faith, liberty of integrity and adoration period, and is considered a fundamental correct of people, which is positive in the important rule of state law. Spiritual autonomy is a fundamental human right preserved in the United Nations of Human Rights in the application of the world (1948; and is optimistic in Timor-Leste important law cited by (Corte Real AG & Tilman CB., 2024). Research Objectives: The inspect the legal assumptions of existing sacred autonomy and their legal effects on spiritual practice and pleasure of sa

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Dr. Saqib Jawad and Nisarullah. "Animal Protection in Light of Modern Legal Thought and Islam." Social Science Review Archives 3, no. 2 (2025): 80–90. https://doi.org/10.70670/sra.v3i2.592.

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Animals possess certain rights like human beings including the right to life, liberty, health, well-being and reasonable abode. So far only right to life of animals has been given due consideration, but unlike other inanimate objects, animals are emotional and intelligent beings who also deserve dignity and respect. Sometimes, animals are killed without any reason which violates their right to life and some of them never see outdoor except on their way to slaughterhouse including chickens, pigs and cows, which violates their right to liberty. Business has been cited as justification, but mistr

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Jawad, Saqib. "Animal Protection in Light of Modern Legal Thought and Islam Law’s Perspective." Asy-Syari'ah 27, no. 1 (2025): 101–22. https://doi.org/10.15575/as.v27i1.44597.

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Abstract: Animals possess certain rights like human beings, including the right to life, liberty, health, well-being and reasonable abode. So far, only the right to life of animals has been given due consideration; however, unlike other inanimate objects, animals are emotional and intelligent beings who also deserve dignity and respect. Sometimes animals are killed without reason, which violates their right to life. Some of them, including chickens, pigs and cows, do not see outdoors except on their way to slaughterhouses, which violates their right to liberty. Business has been cited as justi

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Tonetto, Milene Consenso. "The human right to liberty and Brazilian abortion practices." Revista Bioética 26, no. 1 (2018): 58–66. http://dx.doi.org/10.1590/1983-80422018261226.

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Abstract The aim of this paper is to justify women’s right to abortion in the first trimester of pregnancy. Considering human rights as the protection of our normative agency or personhood, this paper will argue that human rights cannot be extended to human embryos and foetuses. In the first trimester of pregnancy, the moral status of the foetus is not sufficient to overcome the woman’s right to the freedom to control her own body. There may be, however, moral considerations other than human rights that could restrict abortions after the first trimester of pregnancy. In order to protect human

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Jameel, Anas, Waseem Ahmed, and Altamash Imam. "Exploring the Dimensions of Religious Freedom: A Global and Comparative Analysis." Sprin Journal of Arts, Humanities and Social Sciences 3, no. 9 (2024): 22–29. http://dx.doi.org/10.55559/sjahss.v3i9.363.

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Religion constitutes a fundamental aspect of the cultural and spiritual lives of individuals globally, encompassing an array of traditions, rituals, and practices. Within the context of liberal democracy's evolution, religion emerges as a critical element of political liberty and personal conscience. On an international scale, the right to religious freedom has been established as a core human right, essential for the sustenance of democratic governance. Despite its recognition, the right to religious liberty remains a highly contentious issue. Even in democracies that provide constitutional p

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Kokoeva, A., S. Toktogulov, and N. Keneshbekkyzy. "Unlawful Deprivation of Liberty: Criminal Law Aspect." Bulletin of Science and Practice 11, no. 1 (2025): 276–79. https://doi.org/10.33619/2414-2948/110/32.

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Currently, the issue of protecting the rights and freedoms of the individual is extremely relevant in our society. This is enshrined in the Constitution of the Kyrgyz Republic, which has the highest legal force as the main guarantee of human rights and freedoms. Illegal deprivation of liberty is considered a violation of the human right to liberty and personal inviolability. The article examines the criminal-legal characteristics and legal essence of illegal deprivation of liberty. The article uses comparative legal and general scientific methods.

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Perera, Ramindu. "Beyond the Minimalist Critique: An Assessment of the Right to Education in International Human Rights Law." Netherlands Quarterly of Human Rights 39, no. 4 (2021): 268–90. http://dx.doi.org/10.1177/09240519211057240.

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The minimalist critique of human rights advanced by legal historian Samuel Moyn argues that human rights are ineffective in addressing material inequality because, rather than striving for equality, they focus on ensuring sufficient protection levels. This article analyses the right to education model which international human rights bodies have expanded to demonstrate the overstretched nature of the minimalist critique. By examining how the right to education provisions of international human rights treaties are interpreted by various United Nations human rights mechanisms, the article argues

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Linton, Paul Benjamin. "Roe v. Wade and the History of Abortion Regulation." American Journal of Law & Medicine 15, no. 2-3 (1989): 227–33. http://dx.doi.org/10.1017/s0098858800012223.

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In Roe v. Wade, the Supreme Court held that “[the] right of privacy … founded in the Fourteenth Amendment's concept of personal liberty … is broad enough to encompass a woman's decision whether or not to terminate her pregnancy.” The Court acknowledged that “[t]he Constitution does not explicitly mention any right of privacy.” Nevertheless, the Court held that a “right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution.” However, “only personal rights that can be deemed ‘fundamental’ or ‘implicit in the concept of ordered liberty,’ … are

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Ahdar, Rex Tauati. "The Vulnerability of Religious Liberty in Liberal States." Religion & Human Rights 4, no. 2-3 (2009): 177–95. http://dx.doi.org/10.1163/187103109x12459002443574.

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AbstractReligious liberty enjoys a large measure of protection in liberal democratic states. This historically hard-won right will nevertheless always remain somewhat vulnerable. This article examines the relationship between liberalism and religionists who challenge key liberal tenets. The limits of liberal tolerance are seen when the state confronts those devout believers who behave or speak in the public domain in a manner that secular liberals perceive to be intolerant or bigoted. The courts and legislatures cannot be relied upon to protect the exercise of religion in situations where fund

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Klissenbauer, Irene. "Equal Liberty – Questioning the Right to Freedom of Religion?" Interdisciplinary Journal for Religion and Transformation in Contemporary Society 7, no. 1 (2021): 283–301. http://dx.doi.org/10.30965/23642807-bja10012.

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Abstract This paper tackles the question of how to handle the phenomenon of “religion” by widely secularized judicial systems by analyzing the “Equal Liberty”-concept from legal scholars Eisgruber and Sager. While they assume that everything worth protecting is already covered by existing anti-discrimination laws, freedom of expression and association, and judge the right to religious freedom as itself discriminatory, this paper considers how this right can be part of an emancipatory human rights approach, which helps us think beyond an antagonistic relationship between religious freedom and o

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Pelekh, Z. "PERIODIZATION OF THE FORMATION AND DEVELOPMENT OF THE RIGHT TO LIBERTY AND PERSONAL INVIOLABILITY: SUBSTANTIATION OF SCIENTIFIC APPROACH." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studie, no. 121 (2022): 58–63. http://dx.doi.org/10.17721/1728-2195/2022/2.121-10.

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The purpose of the article is to substantiate the scientific approach regarding periodization of the formation and development of the right to liberty and personal inviolability. To achieve the purpose of the article, the author used general and special methods of scientific cognition including historical and legal, comparative and legal analyses, systematization, classification, deduction, induction, synthesis, etc. The author of the article has presented the main historical facts, which are associated with the formation and development of the right to liberty and personal inviolability in th

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Koch, Ida Elisabeth. "Social Rights as Components in the Civil Right to Personal Liberty: Another Step Forward in the Integrated Human Rights Approach?" Netherlands Quarterly of Human Rights 20, no. 1 (2002): 29–51. http://dx.doi.org/10.1177/016934410202000103.

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The article seeks to get closer to an understanding of the legal implications of the notion of the indivisibility of human rights as distinct from the philosophical implications. While the first part of the article (Sections I-IV) deals with the notion of indivisibility in a general way by discussing possible interpretations and legal principles for pursuing an integrated human rights approach, the second part of the article (Sections V-VIII) deals with indivisibility in the concrete context of deprivation of liberty for medical or social reasons. Despite increased awareness of the possibiliti

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Varsha, Desai. "Fundamental rights of prisoners of speedy trial." International Journal of Advance and Applied Research 4, no. 26 (2023): 129–35. https://doi.org/10.5281/zenodo.8288715.

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Article 21 of the Constitution ensures a prisoner's right to life and personal freedom as well as a fair, just, and reasonable legal system. By giving a broad and liberal definition of life and personal liberty, the Supreme Court of India has shown tremendous vigilance and care for the fundamental rights of prisoners. Because of many factors, inmates who are being tried in any court in India but cannot afford a surety bond or obtain legal representation are detained behind bars for long stretches of time. Their fundamental rights have been gravely violated. In various Indian courts, under

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McSorley, Amanda. "Deprivation of Liberty Safeguards." InnovAiT: Education and inspiration for general practice 13, no. 1 (2019): 53–58. http://dx.doi.org/10.1177/1755738019885398.

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Article 5 of the Human Rights Act, 1998 states that: ‘Everyone has the right to liberty and security of person. No-one shall be deprived of his or her liberty unless in accordance with a procedure prescribed in law.’ However, there are occasions when it is necessary and appropriate to deprive a person of their liberty in order to keep them safe from harm. Deprivation of Liberty Safeguards are the legal framework introduced in 2009 to ensure that this occurs only when absolutely necessary and no alternative, less restrictive measures can be utilised to ensure safe care. This article outlines th

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Dr., Amitava Basu. "LEGAL DIMENSIONS OF PARAMETERS OF LIBERTY IN INDIAN CONTEXT: AN OVERVIEW." International Journal of Current Research and Modern Education 2, no. 2 (2017): 183–84. https://doi.org/10.5281/zenodo.1035887.

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Liberty is an essentially a political and legal term which connotes protection from state interferences. In the Indian context the legal dimension can be found in Article 21 of the Constitution which secures the right to life and liberty. The Supreme Court verdict of August 2017 has not only widened the legal dimension of liberty, by making right to Privacy, its intrinsic part but it has other implications as well.

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MANCANO, Leandro. "The Right to Liberty in European Union Law and Mutual Recognition in Criminal Matters." Cambridge Yearbook of European Legal Studies 18 (September 21, 2016): 215–38. http://dx.doi.org/10.1017/cel.2016.8.

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AbstractThis article analyses the interaction between the application of mutual recognition in criminal matters and the right to liberty. The main argument is that the current content of the right to liberty in EU law is unsuitable for mutual recognition procedures. As for the structure of this article, firstly, the main features of mutual recognition as a method of inter-state cooperation in criminal matters are outlined. Secondly, the approach of the European Union (especially the Court of Justice) to the right to liberty is clarified. Thirdly, four mutual recognition instruments are analyse

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Callaghan, Harriet, and Amy Illsley. "Everything you need to know about deprivation of liberty safeguards." British Journal of Hospital Medicine 81, no. 6 (2020): 1–6. http://dx.doi.org/10.12968/hmed.2020.0071.

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Established as an amendment to the Mental Capacity Act 2005 , the deprivation of liberty safeguards were introduced to ensure that anyone who lacks capacity to consent to their care, and was being deprived of their liberty, has rights equivalent to those held under the Mental Health Act 1983 . These rights include someone to oversee any deprivation of liberty, the right of appeal and the guarantee of review of appeal in a timely manner. This article outlines how deprivation of liberty safeguards work, how a deprivation of liberty safeguards is applied for and obtained, what to discuss with the

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Schuster, Ava, and Göran Sluiter. "Provisional Release at International Criminal Courts and Tribunals – Lessons Learned?" FIU Law Review 19, no. 2 (2025): 539–72. https://doi.org/10.25148/lawrev.19.2.10.

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This article builds on Professor Meghan Fairlie’s earlier critique of pre-trial detention practices at the International Criminal Tribunal for the Former Yugoslavia (ICTY). Fairlie identified significant shortcomings in safeguarding the right to liberty and the presumption of innocence of detainees, arguing that the Tribunal’s approach was inconsistent with international human rights law (IHRL). Fifteen years later, how has the International Criminal Court (ICC) addressed these concerns? While the Rome Statute introduces notable improvements, including an explicit commitment to IHRL, the Court

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Johansen, Julia Nordvang. "Towards a More Restrictive Interpretation of the Right to Liberty in Article 5(1) ECHR?" Zeitschrift für europarechtliche Studien 25, no. 1 (2022): 89–110. http://dx.doi.org/10.5771/1435-439x-2022-1-89.

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The contribution concerns the interpretation by the European Court of Human Rights (ECtHR) of the right to liberty in Article 5 (1) of the European Convention on Human Rights (ECHR). It argues that the Court has interpreted the right to liberty restrictively by way of public security grounds, with the result that more room is given to interference by state authorities at the expense of individual protection, compared to earlier interpretations. This assertion is supported by the analyses of four Grand Chamber cases the author believes stands for a restrictive interpretation of Article 5 (1), e

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Syroyid, Tetyana. "International legal standards for ensuring the right of minors deprived of liberty to health." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (2020): 32–37. http://dx.doi.org/10.31733/2078-3566-2020-3-32-37.

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The article analyzes the general and special international legal acts in the field of regulation of the right to the highest standard of living (right to health) of minors deprived of liberty, in particular: Declaration of the Rights of the Child, 1924, United Nations Declaration of the Rights of the Child, 1959, International Covenant on Economic, Social and Cultural Rights, 1966, Convention on the Rights of the Child, 1989, United Nations Minimum Standard Rules on the Administration of Juvenile Justice (Beijing Rules), 1985, United Nations Guidelines for the Prevention of Juvenile Delinquenc

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Sharma, Dr Bhavana. "Right to Shelter an Expanded form of Right to Life and Personal Liberty: An Analysis." International Journal of Psychosocial Rehabilitation 23, no. 4 (2019): 1467–72. http://dx.doi.org/10.37200/ijpr/v23i4/pr190471.

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Guebert, Karl. "Towards a Post-Social Right to Life, Liberty and Security of the Person Through Markets? Conceptions of Citizenship and the Implications for Health Law as Governance." Social & Legal Studies 29, no. 5 (2019): 609–28. http://dx.doi.org/10.1177/0964663919894734.

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In the context of increased expectations of healthcare services and fiscal pressures, rights claims constitute a force pushing for privatization and thus threaten Canada’s single-tier public system. This article introduces the concept of a ‘post-social right’ to understand the current legal effort to enforce a right to healthcare derivative of section 7 of the Canadian Charter of Rights and Freedoms. Commonly considered as a ‘negative’ right, I suggest that the right also has positive capacity. Rather than simply protecting against unjust state intervention, section 7 claims valorize a particu

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Atiyah, Noor Rasim. "Three Visions of Liberty: Berlin, Tahtawi and Tagore." International Journal of Sustainability in Research 3, no. 3 (2025): 217–28. https://doi.org/10.59890/ijsr.v3i3.47.

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Liberty has long been a fundamental concept in political theory, symbolizing the individual's right to act freely within society. From ancient political thought to modern democratic frameworks, liberty has been interpreted in various ways depending on historical, cultural, and philosophical contexts. Some have seen it as freedom from external control, while others view it as the capacity to live according to one's values within a just society 1. While liberty has long been a central ideal in Western political theory, seeing it through a global lens exposes new, equally interesting views. Think

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Andrew, Edward. "Inalienable Right, Alienable Property and Freedom of Choice: Locke, Nozick and Marx on the Alienability of Labour." Canadian Journal of Political Science 18, no. 3 (1985): 529–50. http://dx.doi.org/10.1017/s0008423900032443.

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AbstractThis article attempts to illuminate a contradiction at the heart of the notion of natural rights. Natural rights are commonly thought to be both inalienable and the property of individuals. As the right or the law is privatized as my rights, her rights, our rights or their rights, rights come to be viewed as personal properties. A distinction is made between personal possession and private property (which entails the title to alienate what is owned) in order to speak significantly of our possession of inalienable rights. For Locke, we possess an inalienable right to life and liberty pr

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Kapur, Neera Badhwar. "Autonomy, Liberty, and Utility." Dialogue 28, no. 3 (1989): 487–98. http://dx.doi.org/10.1017/s0012217300015997.

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Lawrence Haworth's book, Autonomy, discusses “Autonomy as a Psychological Idea”, and “Autonomy as a Normative Idea”. Part 1 discusses autonomy in relation to rationality, agency, and responsibility, defends it against Skinnerian sceptics, and outlines a theory of autonomous decision-making and the autonomous task environment. Haworth's conception of autonomy integrates and builds on the concepts of S. I. Benn, G. Dworkin, H. Frankfurt, and R. W. White. Part 2 centres on social/political theory, and not, despite the book's subtitle, on ethics as such. Haworth argues that only autonomy, and not

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