Rights as Security: The Theoretical Basis of Security of Person

Human Rights

Rights as Security: The Theoretical Basis of Security of Person

By Rhonda Powell
Oxford University Press February 2019

Specifications

ISBN-13
9780199589111
Publisher
Oxford University Press
Publication
February 2019
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The right to security of person is widely recognized but little understood. Courts, legislatures, and scholars disagree about how the right to security of person should be defined.

This book investigates the meaning of the right to security of person through an analysis of its constituent parts. Applying an original conceptual analysis of 'security', the right to security of person imposes both positive and negative duties.

Also, identifying the interests to be protected by the right requires a theory of personhood or wellbeing such as Amartya Sen and Martha Nussbaum's 'capabilities approach'. It is accepted that any existing legal rights to security of person must be artificially delineated in order not to overstep the boundaries of other rights.

In recognition of the naturally broad meaning of the right to security of person, it is proposed that human rights law as a whole should be seen as a mechanism to further security of person: rights as security.

Table of Contents

Introduction: The right to security of person
1: The legal right to security of person
2: Attempts to define security
3: The relational concept of security
4: Securing the person
5: The interests protected by the right to security of person
6: Negative and positive security of person
7: Rights as security
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