Rights of Individuals: Civil and Political
Other Civil and Political Rights
  Privacy, Right to Reproductive Rights Convicted Prisoners, Rights of Debts, No Imprisonment Solely for Failure to Pay Other Rights Not Commonly Found
  South African Constitution §14 (search of person, home, property; seizure of possessions; privacy of communications).   See also §12(2) (the right to bodily and physical integrity).  For analysis, see de Waal et al., at 255-75. §12(2) (no provision) (no provision) (none)
French 1958 Constitution The Conseil Constitutionnel has found that the right to privacy is a "fundamental principle" of constitutional status, pursuant to ¶1 of the Preamble to the 1946 Constitution. See Bell, at 71, 147-48. (no provision) (no provision) No provision, but see 1798 Declaration Art. 8 (no punishment that is not strictly and obviously necessary). 1798 Declaration Arts. 13 (taxation must be equitably distributed among the citizens in proportion to their means), and 14 (the right to be informed regarding the purposes of taxation and to decide on its necessity).
Canadian Charter of Rights and Freedoms §8 (right not to be subject to "unreasonable search or seizure").  A search is permitted only if authorized by a reasonable law and carried out in a reasonable manner. R. v. Collins, [1987] 1 S.C.R. 265. (no provision) (no provision) (no provision) (none)
Constitution of Argentina Art. 18 (the domicile, written correspondence, and private papers may not be violated, search and seizure only in accordance with law). (no provision) Art. 18 (guarantee of healthy and clean prison conditions). There is no provision. Art. 36, ¶4 (the right of all citizens to resist forcible disruptions of the constitutional or democratic order, i.e. by illegitimate governments); Art. 42 (complex provisions on the right of consumers to protection of their interests). Both Articles were added by the 1994 Amendments.
United States Constitution No explicit provisions, but a narrow right has been recognized by the courts based upon Amendments 1, 3, 4 (search and seizure and warrants clauses), 5 (self-incrimination clause), and 9.   The right is clearly applicable only in the areas of reproduction and abortion, and marriage.  See Rotunda, §§18.26-31. No provision, but limited rights have been created in caselaw built on the "penumbras" of various protections on the Bill of Rights, beginning with Griswold v. Connecticut, 381 U.S. 479 (1965).  Roe v. Wade, 410 U.S. 113 (1973) partially based the right to privacy on the 9th Amend., and differing tests for violation of the right were employed in Bowers v. Hardwick, 478 U.S. 186 (1986), and Cruzan, 497 U.S. 261 (1990). 8th Amend. (no "excessive fines" or "cruel and unusual punishment"). Constitutional due process imposes certain limitations on the treatment of convicts. See Rotunda, §17.4, at 43-50. (no provision) 2nd Amend. (right to keep and bear arms)
Constitution of India (no provision found) (no provision) There is no explicit provision, but there is caselaw extending fundamental rights to convicts. Tope, at 217. (no provision) (none)
Würzburg Key System (Key has not yet been developed) (same comment) (same comment) (same comment) (none)
International Instruments
  Universal Declaration of Human Rights Art. 12 (no "arbitrary interference" with privacy, family, home, or correspondence) (no provision) (no provision) (no provision) Art. 28 ("Everyone is entitled to a social and international order in which" their human rights "can be fully realized.")
Int’l Covenants on Civil and Political Rights (ICCPR) and on Economic, Social, & Cultural Rights (ICESCR) ICCPR Art. 17 (no "arbitrary or unlawful interference" with "privacy, family, home, or correspondence") (no provision) ICCPR Art. 10(3) (the "essential aim" of prisons is the social rehabilitation of prisoners, and convicted juveniles must receive appropriate treatment) ICCPR Art. 11  (no imprisonment based solely on contractual obligation) ICCPR Art. 9(5) (right of victims of unlawful arrest or detention to compensation for miscarriage of justice)

Human and Constitutional Rights Resource Page
Return to Chart Indexes