what are the main limitations of human rights today

11 months ago 25
Nature

Human rights are moral entitlements that every individual in the world possesses simply in virtue of the fact that he or she is human. However, these rights are not absolute and can be subject to certain limitations. Some of the most fundamental human rights are "absolute", such as the prohibitions on torture, slavery, and retroactive criminal laws. Most human rights, however, are subject to permissible limits, expressly or impliedly. The legal standards for assessing whether limitations on human rights are valid are spelled out in the Siracusa Principles, which hold that measures restricting human rights should be legal, neither arbitrary nor discriminatory, proportionate, necessary, the least restrictive means that are reasonably available under the circumstances, and based on sound science.

Some of the main limitations of human rights today include:

  • National security: Governments may limit certain human rights in the interest of national security, such as the right to freedom of expression or the right to privacy.

  • Public order: Human rights can be restricted if they endanger public safety or public order.

  • Protection of the rights and freedoms of others: Legal limitations on human rights are imposed to safeguard the rights and freedoms of others.

  • Legitimate limitations: Not all human rights principles enjoy the same level of protection, and some rights are subject to legitimate limitations spelled out in the treaty provisions enshrining the right.

It is important to note that any limitation of human rights must comply with certain criteria to be considered lawful and justifiable.