Caabay, Jan Veah P. Prof: Atty. Julius ConcepcionLLB-1BHuman Rights Law

The Right to Security

Universal Declaration of Human RightsDecember 10, 194848 Members

International Covenant on Civil and Political RightsDecember 16, 1966

International Covenant on Economic, Social and Cultural RightsDecember 16, 1966133 State Members

European Convention on Human RightsSeptember 3, 1953

American Declaration of the Rights and Duties of ManApril 1948

Article 3

“Everyone has the right to life, liberty and security of person.”

Article 9, par.1

Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

Article 8

1. The States Parties to the present Covenant undertake to ensure:

(a) The right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of the organization concerned, for the promotion and protection of his economic and social interests. No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others;

(b) The right of trade unions to establish national federations or confederations and the right of the latter to form or join international trade-union organizations;

Article 5

Right to liberty and security

1. Everyone has the right to liberty and security of person. Noone shall be deprived of his liberty save in the following cases andin accordance with a procedure prescribed by law:(a) the lawful detention of a person after conviction by acompetent court;(b) the lawful arrest or detention of a person for noncompliancewith the lawful order of a court or in order to secure thefulfilment of any obligation prescribed by law;8 9(c) the lawful arrest or detention of a person effected for

Article 1

“Every human being has the right to life, liberty and the security of his person.”

(c) The right of trade unions to function freely subject to no limitations other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others;

(d) The right to strike, provided that it is exercised in conformity with the laws of the particular country.

2. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces or of the police or of the administration of the State.3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or apply the law in such a manner as would prejudice, the guarantees provided for in that Convention.

the purpose of bringing him before the competent legalauthority on reasonable suspicion of having committedan offence or when it is reasonably considered necessaryto prevent his committing an offence or fleeing afterhaving done so;(d) the detention of a minor by lawful order for the purposeof educational supervision or his lawful detention forthe purpose of bringing him before the competent legalauthority;(e) the lawful detention of persons for the prevention of thespreading of infectious diseases, of persons of unsoundmind, alcoholics or drug addicts or vagrants;(f) the lawful arrest or detention of a person to prevent hiseffecting an unauthorised entry into the country or of aperson against whom action is being taken with a viewto deportation or extradition.2. Everyone who is arrested shall be informed promptly, in alanguage which he understands,

of the reasons for his arrest andof any charge against him.3. Everyone arrested or detained in accordance with theprovisions of paragraph 1 (c) of this Article shall be broughtpromptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within areasonable time or to release pending trial. Release may beconditioned by guarantees to appear for trial.4. Everyone who is deprived of his liberty by arrest or detentionshall be entitled to take proceedings by which the lawfulness ofhis detention shall be decided speedily by a court and his releaseordered if the detention is not lawful.5. Everyone who has been the victim of arrest or detentionin contravention of the provisions of this Article shall have anenforceable right to compensation.

African Charter on Human and Peoples' RightsOctober 21, 1986

ASEAN Human Rights Declaration200910 Members

Cairo Declaration on Human Rights IslamAugust 5, 1990

1987 Philippine ConstitutionFebruary 11, 1987

Domestic Legislation

Article 6

“Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.”

Article12

Every person has the right to personal liberty and security. No person shall be subject to arbitrary arrest, search, detention, abduction or any other form of deprivation of liberty.

Article 18

(a) Everyone shall have the right to live in security for himself, his religion, his dependents, his honour and his property.

(b) Everyone shall have the right to privacy in the conduct of his private affairs, in his home, among his family, with regard to his property and his relationships. It is not permitted to spy on him, to place him under surveillance or to besmirch his good name. The State shall protect him from arbitrary interference.

(c) A private residence is inviolable in all cases. It will not be entered without permission from its inhabitants or in any unlawful manner, nor shall it be demolished or confiscated and its dwellers evicted.

Article 3

Bill of Rights

Section 6

The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.

Data Privacy Act of 2011, also known as “An Act Protecting Individual Personal Information in Information and Communications Systems in the Government and the Private Sector, Creating for This Purpose a National Data Protection Commission, and for Other Purposes” (S.B. 2965)

R.A. 9372 – Human Security Act of 2007