According to the ICCPR framework, what is a fundamental requirement when a state restricts rights?

Challenge your knowledge of international human rights. Test yourself with flashcards and multiple choice questions. Each question includes hints and explanations to help you excel. Prepare for your international human rights exam today!

A fundamental requirement for a state to restrict rights under the International Covenant on Civil and Political Rights (ICCPR) is that the restriction must be strictly necessary. This means that any limitation on rights must be justifiable in terms of its necessity to achieve a legitimate aim, such as public safety, national security, or the protection of public health or morals.

The concept of "strict necessity" imposes a high standard on the state, requiring it to prove that the restriction is not only appropriate and proportionate but also that there are no less intrusive means available to achieve the intended outcome. This requirement is essential to protect against arbitrary violations of rights, ensuring that any limitations imposed by the state are duly justified and not excessive.

In essence, the ICCPR framework strives to uphold human rights while allowing for reasonable restrictions, but those restrictions must meticulously conform to the "strict necessity" standard, reinforcing the principle that rights are fundamental and should only be curtailed under clearly defined, unavoidable circumstances.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy