The Restrictions on the Application of Human Rights to Domestic Law and International Conventions

Document Type : Research Paper



This article explains the principles and rules governing the restrictions on the application of rights and freedoms. The bases of such principles and rules are more possible to explain and analyze by exploring the history of the codification of human rights instruments on the one hand and their influence in the domestic law order on the other. Hence, the author tries to describe, define and explore the extent of the universal application of human rights category. Human rights can be viewed as rights that people enjoy simply because of their humanity. This moral outlook justifies their claim to universality, despite the existence of all cultural, social and economic differences among nations. Emphasizing this universality, this article extrapolates three principles specifying the restrictions placed on the application of rights and freedoms by the states in the Convention for the Protection of Human Rights and Fundamental Freedoms which include: “provided for by law,” “pursuing a legitimate objective,” and “necessary for a democratic society.” Although there can be found certain cases restricting human rights and the principles governing their application in the important international instruments, the aforementioned provisions have been formulated more clearly and suitably in the European Convention on Human Rights.


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