1. National Security and Public Order: Governments can place limits on fundamental rights when there is a threat to national security or public order. This may include restrictions on freedom of assembly or speech in situations when these rights can lead to violence, riots, or endanger national security.
2. Protection of Public Health and Morality: Fundamental rights may be limited to protect public health and morality. For example, certain types of speech or expression that are deemed to be obscene, ographic, or harmful to minors can be restricted. Additionally, rights may be limited during public health emergencies, such as mandatory quarantines or vaccination requirements during a pandemic.
3. Protection of the Rights and Freedoms of Others: In some cases, the exercise of individual rights can infringe upon the rights and freedoms of others. To maintain a balance between differing individual rights, governments may have to restrict or regulate certain actions. For example, the right to free speech does not include the right to engage in hate speech or defamation, as these activities may harm others.
4. National Legislation and International Conventions: Governments may place limits on fundamental rights according to national legislation or in compliance with international conventions. For example, certain activities that may be considered legal within one country may be deemed to be human rights violations according to international law. In such cases, governments must adhere to international conventions and limit the rights accordingly (e.g., prohibition of torture, child labor, or human trafficking).
In all cases, the limitations imposed on fundamental rights must be necessary, proportionate, non-discriminatory, and subject to judicial review to ensure they do not infringe upon basic human rights.
Explain four limitations to the fundamental rights of the individual
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