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Words: | Submitted: Mon Jun 19 2006
... Firstly there are 'Qualified rights' which are usually set out in the first part of the article, then 'qualified' in the second part. These rights may only be infringed by legislation which is: Designed to promote a specific legitimate aim (eg national security). Properly regulated by the law 'Necessary in a democratic society' (Interference with this right must be proportionate, fulfilling a pressing social need. Proportionality is central to deciding whether State intrusion upon a convention right is acceptable or not. 2) In articles containing 'limited rights' the right is set out at the beginning of the article with limitations laid down throughout. Any limitations which are not included in the article are not permissible. 3) 'Absolute rights' are not limited or qualified in any way, and they cannot be lawfully infringed irrespective of how necessary a case might seem. Only two rights (the rights not to be tortured and not to be enslaved) ...
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