The General Comment No 35 of the Human Right Committee on Art 9 of the Convention on the right to liberty and security of persons (which is pari material to Art 6 of the Charter) states that as follows; . “Liberty of person concerns freedom from confinement of the body, Security of person concerns freedom from injury to the body and the mind, or bodily and mental integrity. The right to security of person protects individuals against intentional infliction of bodily or mental injury, regardless of whether the victim is detained or non-detained.”
DEROGATION FROM THE FUNDAMENTAL RIGHTS OF A CITIZEN MUST BE SHOWN TO BE IN PUBLIC INTEREST
Competent authorities or Government must justify derogation from the fundamental rights of citizens by showing facts suggesting that the act or policy complained of is reasonably justifiable in a democratic society. It must be shown that the derogation is in the interest of public safety, public order, public morality or public health, or that the...