Use of legislation to regulate activities of human rights defenders 2012, para. 70
Paragraph
Paragraph text
While the principle of necessity aims to assess whether the objective of a law is necessary, the principle of proportionality looks at the degree to which the repercussions of the law are proportionate to its objective. In this way, it endeavours to balance individual rights and the interests of the general public. Regional human rights mechanisms have developed interesting models to assess proportionality, such as the "margin of appreciation" applied by the European Court of Human Rights and "the just exigencies of a democratic society" in the case of the Inter-American Court of Human Rights.
Legal status
Non-negotiated soft law
Body
Special Rapporteur on the situation of human rights defenders
Document type
Special Procedures' report
Means of adoption
N.A.
Topic(s)
Governance & Rule of Law
Person(s) affected
N.A.
Year
2012
Paragraph type
Other
Reference
SR Human Rights Defenders, Report to the UNGA (2012), A/67/292, para. 70.