proportionality

proportionality Meaning

The principles of proportionality dictate that a state may sometimes need to restrict or interfere with a fundamental human right or freedoms i.e. enshrined in the ECHR or Human Rights Act 1998 in order to achieve a legitimate aim. However, any restriction or interference must be proportional to the aim being pursued. This means that the state must show that the restriction or interference is necessary to achieve its aim, and that it represents the least restrictive means of achieving that aim. In applying the principles of proportionality, the state must balance the importance of the aim being pursued against the impact of the restriction or interference on the individual's right or freedom. The principles of proportionality ensure that any interference with fundamental human rights or freedoms is carefully considered and justified, and that the state does not unduly restrict individual liberties.

The Concept of proportionality

The principle of proportionality requires that any interference with human rights must be necessary and should not go beyond what is required to achieve the prescribed objective. This means that any action taken by the government or any other authority must be proportionate to the actual need for that action and must not exceed the limits required to achieve the desired result. Such a principle is critical in ensuring that the protection of human rights is not compromised, even in situations where interference may be necessary. By applying proportionality, governments and authorities can effectively balance the need to maintain public order and safety with the protection of individual human rights.

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