All human rights restrictions need to be proportional. This means that in addition to being basted in law and serving a legitimate aim, the restrictive measures need to be balanced and proportional and not cause more harm to individual rights than benefit to public interests. 

The State must always assess proportionality when adopting measures that restrict human rights. This assessment consists of three main aspects: 

  • Whether the measures chosen are suitable for the protection of the legitimate aim
  • Whether there are any alternative, less restrictive measures that could be equally effective in protecting the legitimate aim
  • Whether the benefit to public interests outweighs the harm done to individual rights.

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Last updated 21/03/2023