3. Restrictions and Derogations
3.1 Scope and Character of Legitimate Restrictions
Vienna 1989 (Questions Relating to Security in Europe: Principles)
(21) The participating States will ensure that the exercise of the above-mentioned rights
will not be subject to any restrictions except those which are provided by law and are
consistent with their obligations under international law, in particular the International
Covenant on Civil and Political Rights, and with their international commitments,
in particular the Universal Declaration of Human Rights. These restrictions have the
character of exceptions. The participating States will ensure that these restrictions are
not abused and are not applied in an arbitrary manner, but in such a way that the effective exercise of these rights is ensured.
Copenhagen 1990
(16) The participating States
(…)
(16.3) - stress that no exceptional circumstances whatsoever, whether a state of war
or a threat of war, internal political instability or any other public emergency, may be
invoked as a justification of torture;
(…)
(24) (…) Any restriction on rights and freedoms must, in a democratic society, relate
to one of the objectives of the applicable law and be strictly proportionate to the aim of
that law.
OSCE Human Dimension Commitments 67
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