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Second: Right to Physical and Moral Integrity
This right was provided for in the majority of international
human rights instruments, starting with the Universal
Declaration on Human Rights for 1948, passing by the
International Covenant on Civil and Political Rights for 1966,
the African Charter of Human and Peoples' Rights for 1981, and
the UN Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment for 1984. What really matters in this
Report is the crux of Article 4 of the 1981 African Charter of
Human and Peoples' Rights considering human right to physical
and humanitarian integrity as one of the basic human rights.
Human right to physical and moral integrity is the prohibition of
violability of his body whether by beating or torturing, etc (right
to physical integrity), as well as of cruel, degrading or inhuman
treatment (right to moral integrity).
Pursuant to the International Law on Human Rights, this right,
similar to the right to live, is among rights that cannot be
restricted or prejudiced under any circumstances or for any
justification even in cases of emergency, war and threatening
public security (Article 4/2 of the International Covenant on
Human Rights)
The Jamhirya is a party to all international instruments ensuring
protection of the above mentioned human right to physical and
moral integrity. Having faith in human value and worth, the
Libyan people, in Article 2 of the Great Green Human Rights
Charter in the Era of Masses for 1988, had endorsed that the
Jamhiriya society "prohibits penalties that prejudice human
dignity and are detrimental to human entity as much as it
prohibits doing physical or moral harm to the prisoner and
condemns his trading or making experiments on him."
In application of this principle, the Freedom Promotion Act no
20/1990 provides for "physical integrity as the right of all