الحماية القانونية لحق الإنسان في الامن الشخصي (حرمة الاتصالات الشخصية نموذجا) دراسة مقارنة

Volume 14 , Issue 1 , June 2026 , Pages 179- 196

Authors

د.شيلان محمد شريف 1 ; أ.م. كارزان عزت حسن 2

1 College of law ,university of sulaimami.

2 College of law ,university of sulaimami

DOI logo 10.17656/jlps.10385

Keywords

Abstract

      The right to personal security is one of the fundamental rights inherent to every human being. It refers to an individual’s enjoyment of reassurance regarding their person, freedom, and privacy, free from fear of arbitrary or unlawful interference. This right is not limited to physical safety alone; rather, it extends to the protection of private life, foremost among which is the confidentiality of personal communications in all their forms.

Given the essential importance of this right, modern constitutions have enshrined the principle of the secrecy of communications as a basic guarantee of personal security. They expressly provide that communications may not be monitored or intercepted except where necessity so requires for criminal investigation or public security purposes, and only in accordance with conditions prescribed by law and under judicial supervision, in order to prevent arbitrariness and protect rights and freedoms.

         Notably, this research demonstrates the embodiment of legislative protection for the inviolability of communications within criminal laws and criminal procedure laws, which criminalize acts of eavesdropping, recording, or disclosure of communication secrets without legal authorization. These laws further require the existence of serious justifications, the issuance of a reasoned judicial order, and the duration and scope of surveillance, thereby achieving a balance between the     requirements of public security and the safeguarding of individual rights.

      Moreover, this research emphasizes that international human rights nstrumentssuch as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights affirm every person’s right to privacy and freedom from arbitrary interference with their private life or correspondence. These instruments oblige states to adopt legislative and judicial measures necessary to protect this right and ensure that it is not violated.

 

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  • First online30 June 2026
  • Published at30 June 2026

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