Research on the Rights of Liberty and Security of Person in ICCPR－Focusing on the implementation of the Domestic law in Japan.

• Main Authors: Chia-Yi Lo, 羅佳怡
• Other Authors: Ching-Shan Hu
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/11824608502913863522

碩士 === 淡江大學 === 亞洲研究所碩士班 === 98 === Regardless of past, present or future, Liberty of personal is one of human most important fundamental human rights.It is to be found with the Article 39, of the Magna Carta Libertatum: No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send against him, unless by legal judgement of his peers, or by the law of the land. Also goes for the liberty of personal to protect the most important source. For a long time, Countries to combat crime and maintain national security ground, generally will be deprived of liberty as imprisonment or preventive measures. During the age of the aristocracy, Often a result of illegal arrest, detention or torture, leading to improper liberty of personal trampled and violated. With the changing times after current, not only in the "UN Charter" has been against the basic human rights to be expressly provided, Even in 1948 adopted the "Universal Declaration of Human Rights," and the rights provided for the general principles, in the " International Covenant on Civil and Political Rights" in the specific article culture, becoming an international protection of human rights protection is one of important documents. It can be seen by the lack of protection of personal freedom to complete, from the aristocracy to the civilians, and so on, are sufficient to demonstrate the importance of human rights to personal liberty. In this paper, in 1966 the United Nations adopted the Department of the "Civil and Political Rights, the Convention," Article 9 " liberty and security of Person " protection is provided by research centers, by the provisions of theories to explain leads to liberty and security of the security issues, and explore the Japanese after the accession to the Convention for the Constitution of Japan and other related domestic laws of the role, and then draw on in order to provide the personal freedom to protect Taiwan in the system of the Department is not prepared.