VALS emphasises that any deprivation of liberty, even during a public health emergency, must not be arbitrary. The Charter of Human Rights and Responsibilities Act 2006 (Vic) states that a ‘person must not be subjected to arbitrary arrest or detention.’ Early on in the pandemic, the UN Working Group on Arbitrary Detention called ‘upon all States to respect the absolute prohibition of arbitrary deprivation of liberty as public health emergency measures are introduced to combat the pandemic.’
October 1, 2020