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1 results

  • 1 - On Limits and Restrictions of Human Rights

  • Edited by Joseph E. David, Yaël Ronen, Yuval Shany, Hebrew University of Jerusalem, J. H. H. Weiler, New York University
  • Book:
    Strengthening Human Rights Protections in Geneva, Israel, the West Bank and Beyond
    Published online:
    13 August 2021
    Print publication:
    26 August 2021, pp 10-39

  • Summary

    The chapter tries to establish a systematic framework which allows us to structure the examination of human rights cases by indicating the necessary legal components and putting these elements in their proper place and in context to each other. Substantive human rights guarantees as, e.g., enshrined in the International Covenant on Civil and Political Rights or the European Convention, cannot be fully understood without taking account of their explicit or implicit limitations; only together do they form the basis for their successful invocation. Therefore the legal limits of and restrictions to human rights as well as the limitations drawn to the use of restrictions, as particularly the principle of proportionality, are discussed. Primacy of freedom, (strict) interpretation, balancing of rights, absolute rights, margin of appreciation and derogation from human rights are other issues that have to be dealt with in the given context.