23. A decision made taking into account proportionality principles should:    Impair as little as possible the right in question. Be carefully designed to meet the objectives in question. Not be arbitrary, unfair or based on irrational considerations. 24. The mere fact that a measure is sufficient to achieve the intended aim, for example protecting national security or public order, is not necessarily enough to satisfy proportionality. 25. Proportionality requires that the way in which the right is being interfered with is actually necessary to protect national security or public order, and that the approach adopted is the least restrictive and least intrusive method among those that might achieve the desired result.99 26. Finally, proportionality always requires that a balance is struck between the burden placed on the individual whose rights are being limited and the interests of the general public in achieving the aim that is being protected. Should not discriminate100 27. The restriction must not be imposed for the purpose of discrimination and neither must it be applied in a discriminatory way. 101 28. As a general principle, a distinction will be considered discriminatory if:   It has no objective and reasonable justification; It does not aim to achieve a purpose provided for under the particular treaty.102 29. Discrimination is in relation to the range of grounds included in the treaty, but also, includes, for example, sexual orientation and gender identity.103 C. Issues arising under the Civil and Political Rights Waiver of rights 30. Some human rights can be waived, but only in limited circumstances; and certain rights can never be waived, such as the right to liberty and protection from torture. Other human rights may be waived but that waiver must be established in an unequivocal manner. For example, while under the ECHR it 99 CCPR/C/21/Rev.1/Add.13, para 6. Equality and non-discrimination is examined in section V.A. below. 101 Human Rights Committee, General Comment No.22, CCPR/C/21/Rev.1/Add.4 (1993), para 8. 102 Human Rights Committee, General Comment No.18, HRI/GEN/1/Rev.9 (Vol. I) p.195 (1989), paragraph 13. 103 Communication 488/1992, Toonen v Australia, 31 March 1994; Concluding Observations on Kuwait, Human Rights Committee, CCPR/C/KWT/CO/2. 100 37