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[Insert statement of urgency and significance for why this right relates to AI.]
Sectors #
The contributors of the AI & Human Rights Index have identified the following sectors as responsible for both using AI to protect and advance this human right.
- DEF: Defense and Military
- LAW: Legal and Law Enforcement
- REG: Regulatory and Oversight Bodies
- GOV: Government and Public Sector
- INTL: International Organizations and Relations
- TECH: Technology and IT
AI’s Potential Violations #
[Insert 300- to 500-word analysis of how AI could violate this human right.]
AI’s Potential Benefits #
[Insert 300- to 500-word analysis of how AI could advance this human right.]
Human Rights Instruments #
Universal Declaration of Human Rights (1948) #
G.A. Res. 217A (III), Universal Declaration of Human Rights, U.N. Doc. A/RES/217(III) (Dec. 10, 1948).
Article 3
Everyone has the right to life, liberty and Security of person.
Convention for the Protection of Human Rights and Fundamental Freedoms (1950) #
Council of Europe, Convention for the Protection of Human Rights and Fundamental Freedoms, Nov. 4, 1950, 213 U.N.T.S. 221.
Article 5
1. Everyone has the right to liberty and Security of person.
International Convention on the Elimination of All Forms of Racial Discrimination (1965) #
G.A. Res. 2106 (XX), International Convention on the Elimination of All Forms of Racial Discrimination, U.N. Doc. A/RES/2106(XX) (Dec. 21, 1965)
Article 5
(b) The right to Security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution;
International Covenant on Civil and Political Rights (1966) #
G.A. Res. 2200A (XXI), International Covenant on Civil and Political Rights, U.N. Doc. A/RES/2200A(XXI) (Dec. 16, 1966).
Article 9
1. Everyone has the right to liberty and Security of person. No one shall be subjected to arbitrary arrest or detention.
American Convention on Human Rights (1969) #
Org. of Am. States, American Convention on Human Rights, Nov. 22, 1969, O.A.S.T.S. No. 36, 1144 U.N.T.S. 123.
Article 7
1. Every person has the right to personal liberty and Security.
African Charter on Human and Peoples’ Rights (1981) #
O.A.U. Doc. CAB/LEG/67/3 rev.5, African Charter on Human and Peoples’ Rights (June 27, 1981).
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.
Convention on the Rights of the Child (1989) #
G.A. Res. 44/25, Convention on the Rights of the Child, U.N. Doc. A/RES/44/25 (Nov. 20, 1989).
Article 19
1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990) #
G.A. Res. 45/158, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, U.N. Doc. A/RES/45/158 (Dec. 18, 1990).
Article 16
2. Migrant workers and members of their families shall be entitled to effective protection by the State against violence, physical injury, threats and intimidation, whether by public officials or by private individuals, groups or institutions.
Declaration on the Elimination of Violence against Women (1993) #
G.A. Res. 48/104, Declaration on the Elimination of Violence against Women, U.N. Doc. A/RES/48/104 (Dec. 20, 1993).
Article 4
c. States should exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons.
Declaration on Human Rights Defenders (1998) #
G.A. Res. 53/144, Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, U.N. Doc. A/RES/53/144 (Mar. 8, 1999).
Article 12
2. The State shall take all necessary measures to ensure the protection by the competent authorities of everyone… against any violence, threats, retaliation, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.
Arab Charter on Human Rights (2004) #
League of Arab States, Arab Charter on Human Rights, May 22, 2004, reprinted in 12 Int’l Hum. Rts. Rep. 893 (2005).
Article 14
1. Everyone has the right to liberty and Security of person. No one shall be subjected to arrest, search or detention without legal warrant.
Convention on the Rights of Persons with Disabilities (2006) #
G.A. Res. 61/106, Convention on the Rights of Persons with Disabilities, U.N. Doc. A/RES/61/106 (Dec. 13, 2006).
Article 16
1. States Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects.
Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (2011) #
Council of Europe, Convention on Preventing and Combating Violence against Women and Domestic Violence, C.E.T.S. No. 210 (May 11, 2011).
Article 5
2. Parties shall take the necessary legislative and other measures to exercise due diligence to prevent, investigate, punish and provide reparation for acts of violence covered by the scope of this Convention that are perpetrated by non-State actors.
Last Updated: May 1, 2025
Research Assistant: Amisha Rastogi
Contributor: To Be Determined
Reviewer: To Be Determined
Editor: Georgina Curto Rex
Subject: Human Right
Edition: Edition 1.0 Research
Recommended Citation: "III.F. Right to Security of Person and Protection by the State, Edition 1.0 Research." In AI & Human Rights Index, edited by Nathan C. Walker, Dirk Brand, Caitlin Corrigan, Georgina Curto Rex, Alexander Kriebitz, John Maldonado, Kanshukan Rajaratnam, and Tanya de Villiers-Botha. New York: All Tech is Human; Camden, NJ: AI Ethics Lab at Rutgers University, 2025. Accessed December 05, 2025. https://aiethicslab.rutgers.edu/Docs/iii-f-security/.