Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Rights of Detainees

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter considers the rights of detainees as largely positive rights that complement the prohibitions of torture and ill-treatment. The effects of securing respect for these rights are to prevent or remedy arbitrary detention, to ensure humane treatment of detainees, and to contribute to the protection of the right to a fair trial. Arbitrary arrest, detention or exile is prohibited under article 9 of the Universal Declaration. Juveniles in detention enjoy the same basic rights as adults but there are also specific international standards on the protection of juvenile detainees. Under these circumstances it is clearly of vital importance that powers of arrest and detention should only be enhanced to the extent strictly required by the exigencies of the situation; that those enhanced powers should be exercised in a strictly lawful manner.

Keywords: arbitrary arrest prohibition; derogation; juvenile detainee treatment; non-treaty instruments; police officials; public emergencies; right to humane treatment; rights of detainees



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Human Rights and Policing — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation