What restrictions are allowed?
The proportionality test is an assessment that state officials need to make when restricting human rights. This test includes all important aspects that allow state officials to take a decision as to whether a human rights restriction is necessary and the extent to which it may be justified. The test involves three questions:
- Is the restriction based in law?
- Is there a legitimate reason (aim) for the restriction?
- Is the restriction proportional?
All questions in this analysis need to be answered in the affirmative. If the answer to any of these questions is a “no”, the human rights restriction is not lawful, and you are entitled to a remedy for a human rights violation.