Can Rights and Freedoms Be Limited

Yes, but only under strict constitutional conditions. Any limitation of rights must be established by law, pursue a legitimate aim, and remain proportionate. The state may regulate rights, but it cannot abolish them arbitrarily or use vague restrictions for political convenience.

Rights 1 min read 📄
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General principle

Rights and freedoms are fundamental, but most are not absolute. However, limitations cannot be imposed freely. A constitutional restriction must satisfy three main requirements:

  1. It must be established by law.
  2. It must pursue a legitimate aim.
  3. It must be proportionate.

Legitimate aims

Rights may be limited only for constitutionally acceptable reasons such as:

  • protection of national security
  • protection of public order
  • protection of the rights and freedoms of others
  • protection of public health
  • preservation of the constitutional order

What the state cannot do

The state cannot:

  • abolish a constitutional right entirely
  • impose vague or unlimited restrictions
  • restrict rights merely for political convenience
  • interfere without legal basis and justification

What proportionality means

Proportionality is one of the most important constitutional tests. It means:

  • the aim must be lawful
  • the measure must be suitable to achieve that aim
  • there must be no less restrictive effective alternative
  • the harm to rights must not be excessive compared with the public benefit

For example, peaceful assemblies may be regulated, but blanket and unjustified bans would conflict with proportionality.

During emergencies

In a state of emergency or wartime, additional temporary restrictions may be possible. But even then, they must:

  • have a legal basis
  • be temporary
  • be publicly announced
  • remain open to judicial and constitutional review

What a citizen can do

If a person believes a restriction is unlawful, they may:

  • challenge it in court
  • file complaints with competent authorities
  • use constitutional review mechanisms where available
  • обратиться to ombudsman or rights-protection institutions

Key facts

  • Rights may be limited only by law, for legitimate aims, and proportionately
  • The state cannot abolish rights arbitrarily
  • Emergency restrictions must still remain legal, temporary, and reviewable
  • Unlawful restrictions may be challenged through legal remedies
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