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Human Rights Act 2019
sec.13Human rights may be limited
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### sec.13 Human rights may be limited
A human right may be subject under law only to reasonable limits that can be demonstrably justified in a free and democratic society based on human dignity, equality and freedom.
In deciding whether a limit on a human right is reasonable and justifiable as mentioned in subsection (1) , the following factors may be relevant—
the nature of the human right;
the nature of the purpose of the limitation, including whether it is consistent with a free and democratic society based on human dignity, equality and freedom;
the relationship between the limitation and its purpose, including whether the limitation helps to achieve the purpose;
whether there are any less restrictive and reasonably available ways to achieve the purpose;
the importance of the purpose of the limitation;
the importance of preserving the human right, taking into account the nature and extent of the limitation on the human right;
the balance between the matters mentioned in paragraphs (e) and (f) .
(sec.13-ssec.1) A human right may be subject under law only to reasonable limits that can be demonstrably justified in a free and democratic society based on human dignity, equality and freedom.
(sec.13-ssec.2) In deciding whether a limit on a human right is reasonable and justifiable as mentioned in subsection (1) , the following factors may be relevant— the nature of the human right; the nature of the purpose of the limitation, including whether it is consistent with a free and democratic society based on human dignity, equality and freedom; the relationship between the limitation and its purpose, including whether the limitation helps to achieve the purpose; whether there are any less restrictive and reasonably available ways to achieve the purpose; the importance of the purpose of the limitation; the importance of preserving the human right, taking into account the nature and extent of the limitation on the human right; the balance between the matters mentioned in paragraphs (e) and (f) .
- (a) the nature of the human right;
- (b) the nature of the purpose of the limitation, including whether it is consistent with a free and democratic society based on human dignity, equality and freedom;
- (c) the relationship between the limitation and its purpose, including whether the limitation helps to achieve the purpose;
- (d) whether there are any less restrictive and reasonably available ways to achieve the purpose;
- (e) the importance of the purpose of the limitation;
- (f) the importance of preserving the human right, taking into account the nature and extent of the limitation on the human right;
- (g) the balance between the matters mentioned in paragraphs (e) and (f) .