Basic principles governing limitations on individual rights and freedoms in human rights instruments

Individual freedom has to be balanced with the freedom of other individuals and with the reasonable demands of the community. A significant element in the development of international instruments protecting human rights was the movement away from the use of single limitation clauses to the elaboration of specific limitation clauses in each article. The limitation provisions are found in several articles of the Covenants as well as in other regional human rights instruments. Any restriction on the rights or freedoms provided for in universal or regional human rights instruments must meet three requirements: first, it must be prescribed by law (the principle of legality); second, it must have justified one of the specified legitimate aims pursued in the particular article; and third, the limitation in all circumstances must be necessary in a democratic society. The purpose of this study is to examine the specific principles and notations related to the limitation provisions in international and regional human rights instruments.