Freedom of the person

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In Germany, personal freedom is a fundamental right in accordance with Article 2, Paragraph 2, Clause 2 and Article 104 of the Basic Law and describes the freedom of movement. The freedom of the person is a fundamental right of its own and borders on the general right of personality according to Art. 2 Para. 1 GG i. V. m. Art. 1 para. 1 GG. Content and scope of protection are the right of every person to enter any permitted place of their choice, to remain there and to leave it without being hindered by the state authority (physical freedom of movement). This human right of defense is in the tradition of the "habeas corpus" originating from England and has the purpose of being protected from arbitrary interference with freedom by the state. See also Petition of Right .

The freedom applies to all persons staying in Germany, unless they are subject to foreign law and this freedom is restricted or withdrawn by competent foreign authorities (e.g. NATO troop statute ).

It can be withdrawn, among other things, by restriction of liberty and deprivation of liberty , in the right of interference, for example by arrest in accordance with. Section 127 (2) of the Code of Criminal Procedure .

See also