Download this Paper Open PDF in Browser

Mapping the Right to Security

Benjamin J. Goold and Liora Lazarus, Security and Human Rights (Hart Publishing, Oxford, 2007)

22 Pages Posted: 31 Jan 2013  

Liora Lazarus

University of Oxford - Faculty of Law

Date Written: June 1, 2007

Abstract

This chapter argues for the narrowest possible conception of the notion of security in the context of a legally enforceable ‘right to security’. Such a right should only protect that which other self-standing and established rights cannot, on their face, protect. Consequently, the ‘right to security’ should not encompass long- established and self-standing rights such as the rights to life, dignity, liberty, health, freedom from torture and so on. If the ‘right to security’ means anything at all, it must protect against something not already and explicitly captured by these fundamental and self-standing rights. That is not to say that it is not possible for courts to imply or develop from these self-standing fundamental rights specific rights to aspects of security. But, for reasons examined in the chapter, it is less problematic to derive specific rights to security as grounded in existing fundamental rights than to talk of these as being derived from an overarching and self-standing meta-right to security.

Suggested Citation

Lazarus, Liora, Mapping the Right to Security (June 1, 2007). Benjamin J. Goold and Liora Lazarus, Security and Human Rights (Hart Publishing, Oxford, 2007). Available at SSRN: https://ssrn.com/abstract=2209228

Liora Lazarus (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

HOME PAGE: http://www.law.ox.ac.uk/profile/lazarusl

Paper statistics

Downloads
176
Rank
143,345
Abstract Views
675