Ⅰ. Guaranteeing the Fundamental Human Freedoms: 1. Right to Life and Personal Liberty
Ⅰ. Guaranteeing the Fundamental Human
Freedoms
1. Right to Life and Personal Liberty
A. Human Rights Status 2021
The right to life and personal liberty are the most fundamental and important
human rights. Article 3 of the Universal Declaration of Human Rights declares that
everyone has the right to life, liberty and security of a person. The UN Human
Rights Committee (HRC) expressed that the right to life and personal liberty are
very important to individuals and society as a whole as the first actual right
protected under the Universal Declaration of Human Rights through its general
comment No. 35 on the ‘Liberty and Security of a Person’ in 2014. Moreover, the
liberty and security of a person are also important in that they were used as the
main methods in impeding the enjoyment of the other rights.
The right to life is an absolute right that cannot be given away and is the key right
to be protected. The right to life is most important in itself as the right innate to all
humans, but it is also a prerequisite to enjoying all other human rights. On the
other hand, personal liberty, traditionally, has been the right to be free from
personal constraints by the government, and the Korean Constitution stipulates
the principle of legality, the principle of due process, the right to remain silent and
the right to an attorney as related to personal liberty.
Abolitionism, constitutionalism, pacifism and relief efforts by agencies to rid of
poverty and diseases are all efforts to protect the right to life and personal liberty.
Controversy on the abolition of the death penalty, abortion rights, euthanasia, the
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