no democratic society.76 As the Special Rapporteur on the rights to freedom of
assembly and of association pointed out, limitations must not, therefore, harm the
principles of pluralism, tolerance and broadmindedness.77
58. In order to be proportionate, limitations must not be overbroad, and the least
intrusive means of achieving the legitimate objective should always be given preference. The UN Human Rights Committee has emphasized that “[r]estrictive measures must conform to the principle of proportionality; they must be appropriate
to achieve their protective function; they must be the least intrusive instrument
amongst those which might achieve the desired result; and they must be proportionate to the interest to be protected.”78 Furthermore, the Committee has stated
that “[t]he principle of proportionality has to be respected not only in the law that
frames the restrictions, but also by the administrative and judicial authorities in
applying the law.”79
59. Furthermore, laws that impose limitations must be compatible with other fun-
damental human rights norms, such as the prohibition of discrimination.80 For
example, as regards limitations on the ground of public morals, the UN Human
Rights Committee has stated that “the concept of morals derives from many
social, philosophical and religious traditions; consequently, limitations … for the
purpose of protecting morals must be based on principles not deriving exclusively
from a single tradition”.81 The Committee added that “[a]ny such limitations must
be understood in the light of universality of human rights and the principle of
non-discrimination”.82
60. Similarly, the UN Human Rights Council has called upon States to ensure that
“[l]egislation aimed at preserving public morals is compatible with international
human rights law”, and that “legislation designed to guarantee public safety and
public order contains clearly defined provisions consistent with international
human rights law, including the principle of non-discrimination, and that such legislation is not used to impede or restrict the exercise of any human right, including
freedom of expression, association and peaceful assembly, which are essential for
the promotion and protection of other rights”.83
76 Ibid.
77
See UN Doc. A/HRC/C/20/27, paras. 17 and 81.
78
UN Human Rights Committee General Comment No. 27 on Article 12, para. 14.
79 Ibid., para. 15.
80 See Human Rights Committee General Comment No. 34 para. 26, which states: “Laws restricting the
rights enumerated in article 19, para. 2 […] must not only comply with the strict requirements of article 19,
para. 3 of the Covenant but must also themselves be compatible with the provisions, aims and objectives of the
Covenant. Laws must not violate the non-discrimination provisions of the Covenant. Laws must not provide for
penalties that are incompatible with the Covenant, such as corporal punishment.”
81 Ibid. and General Comment No. 22 on Article 18 of the ICCPR, UN Doc. CCPR/C/21/Rev.1/Add.4, 27 September 1993, para. 8.
82
Human Rights Committee General Comment No.34 on Article 9, para. 32.
83 See Human Rights Council Resolution A/HRC/RES/22/6, paras. 4 and 11(g).
42
Guidelines on the Protection of Human Rights Defenders
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents