The International Site Of Human Rights And The Protection Of Personal Freedom

The International Site of Human Rights and the Protection of Personal Freedom

The current standards established in International Human Rights Law and that corresponding to the Inter -American Human Rights System:

Universal System. This is made up of international instrument blocks that have been adopted by the United Nations Organization (UN), the protection of Freedom and Personal Security, these protected by various normative devices, in article 3 of the Universal Declaration of RightsHumans and by article 9 of the International Covenant on Civil and Political Rights, which indicate that no one will be subject to arbitrary arrest, detention or exile.

The International Covenant on Civil and Political Rights indicates that it will guarantee the right to freedom and personal security, prohibiting illegal deprivation, establishing specific safeguards for their protection, some as the set of principles for the protection of all persons subject to anyform of detention or prison, the recently reviewed minimum rules for the treatment of inmates (mandela rules): and the United Nations rules for the protection of minors deprived of their liberty.

The same Human Rights Committee has indicated that preventive detention should not constitute a general practice, based only on individualized determinations for each specific case and provided that this is reasonable necessary, taking into account all the circumstances of the matter and for purposes such as preventingThe escape, the alteration of the evidence or the recidivism in the crime, as well as the courts must examine the alternatives to the prior imprisonment of the trial, such as the bond, the electronic bracelets or other measures that would cause the seclusion to be unnecessary inThe specific case.

Inter -American System. The bodies of the Inter -American Human Rights System (Commission and Inter -American Court of Human Rights) have dealt with the scope that personal freedom has in article 7 of the American Convention on Human Rights, defining the right to personal freedom in theirFirst paragraphs in general recognizing every person the right to freedom and personal security, translating into an obligation of the State to preserve the state of physical freedom of each human being.

The following six paragraphs refer to the specific safeguards established by this article above which are: the right not to be deprived of freedom illegally or arbitrarily;to know the reasons for the arrest and the charges formulated against the detainee;to the judicial control of the deprivation of liberty and the reasonableness of the period of preventive detention;to challenge the legality of detention and not to be arrested for debts.