movement.20 The Advisory Council also notes that, in accordance with article 18(4), freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others. (ii) The reasons for which a person can be deprived of their liberty under international law SUMMARY OF ANSWERS • Under international law, deprivation of liberty must be: o in accordance with law; and o not arbitrary. • For detention not to be arbitrary, it must be: o for a legitimate purpose; o necessary and proportionate in pursuit of such purpose; and o non-discriminatory. DISCUSSION Article 9 of the ICCPR provides for the right to liberty and security of the person. It provides further that no one shall be subjected to arbitrary arrest or detention and that any deprivation 19 Art 19(2): Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. Art 19(3): The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) for respect of the rights or reputations of others; (b) for the protection of national security of or public order (ordre public), or of public health or morals. 20 Art 12:1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence. 2. Everyone shall be free to leave any country, including his own. 3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant. 36