Article 12, paragraph 3, clearly indicates that it is not sufficient that the restrictions serve the permissible purposes; they must also be necessary to protect them. Restrictive 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.
Legal status
Non-negotiated soft law
Body
Human Rights Committee
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
Equality & Inclusion
Governance & Rule of Law
Person(s) affected
All
Year
1999
Paragraph type
Other
Reference
CCPR General Comment No. 27, Article 12: Freedom of movement (1999), para. 14.