Rights as Security: The Theoretical Basis of Security of Person

The right to security of person is widely recognized but little understood. Courts, legislatures, and scholars disagree about how the right to security of person should be defined. This book investigates the meaning of the right to security of person through an analysis of its constituent
parts. Applying an original conceptual analysis of 'security', the right to security of person imposes both positive and negative duties. Also, identifying the interests to be protected by the right requires a theory of personhood or wellbeing such as Amartya Sen and Martha Nussbaum's 'capabilities
approach'. It is accepted that any existing legal rights to security of person must be artificially delineated in order not to overstep the boundaries of other rights. In recognition of the naturally broad meaning of the right to security of person, it is proposed that human rights law as a whole
should be seen as a mechanism to further security of person: rights as security.


Author: Rhonda Powell
Publisher: Oxford University Press, USA
Published: 04/21/2019
Pages: 208
Binding Type: Hardcover
Weight: 1.05lbs
Size: 9.30h x 6.30w x 0.80d
ISBN: 9780199589111

About the Author

Rhonda Powell, School of Law, University of Canterbury, New Zealand, Senior Lecturer

Rhonda Powell is a senior lecturer in law at the University of Canterbury, New Zealand. Her research interests include human rights law, health law, and gender issues, particularly women's reproductive rights. Dr Powell holds a DPhil from the Centre for Socio-legal Studies at the University of Oxford, an LLM in Human Rights Law from the University of Nottingham, and an LLB(Hons) and BA from the University of Otago, New Zealand.