Chapter 4, Part 1 · Art. 24
Limitation of rights and fundamental freedoms
- A right may only be limited by law, and only when the limit is reasonable and justifiable in a free and democratic society.
Art. 24(1)
(1) A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including— (a) the nature of the right or fundamental freedom; (b) the importance of the purpose of the limitation; (c) the nature and extent of the limitation; (d) the need to ensure that the enjoyment of rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others; and (e) the relation between the limitation and its purpose and whether there are less restrictive means to achieve the purpose.
Read the full article → - Even when limited, a right cannot be emptied of its core meaning.
Art. 24(2)(c)
(c) shall not limit the right or fundamental freedom so far as to derogate from its core or essential content.
Read the full article → - The State must be able to show the court that any limit on a right is justified.
Art. 24(3)
(3) The State or a person seeking to justify a particular limitation shall demonstrate to the court, tribunal or other authority that the requirements of this Article have been satisfied.
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- Some rules can limit a right, but only if they are fair and if they are needed to protect others.
Art. 24(1)
(1) A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including— (a) the nature of the right or fundamental freedom; (b) the importance of the purpose of the limitation; (c) the nature and extent of the limitation; (d) the need to ensure that the enjoyment of rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others; and (e) the relation between the limitation and its purpose and whether there are less restrictive means to achieve the purpose.
Read the full article →