Title

The rehabilitation of preventive detention

Date of this Version

1-1-2013

Document Type

Book Chapter

Publication Details

Citation only

Gogharty, B., Bartl, B., & Keyzer, P. (2013). The rehabilitation of preventive detention. In P. Keyzer (Ed.). Preventive Detention: Asking the Fundamental Questions (pp. 111-136). Cambridge: Intersentia

Access the publisher

2013 HERDC Submission. FoR code: 180114;180110;180199

ISBN

9781780681177

Abstract

The right to liberty is a fundamental human right, entrenched as a customary right and enshrined in numerous international right covenants through the protection of the individual against arbitrary interface by the State. Nevertheless, the right to personanl liberty is not absolute, with the state also having the legitimate right to ensure public safety. Over the last few decades, however, legislatures around the world have increasingly implemented preventive detention regimes, and in a wider variety of circumstances. This chapter begins with an overview of the right of liberty and its particular application to indefinite and preventive detention measures. It provides short histories of the indefinite and preventive detention regimes in Germany and Australia and the recent findings of both ECHR and the UNHRC that the use of preventive detention in both countries was incompatible with human right covenants. It concludes with an outline of how indefinite detention measures can continue to be implemented in a manner that is also compatible with human rights.

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This document has been peer reviewed.