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2. Legitimate aim
● General Comment 27 : legitimate aims include protection of national security,
public order, public health or morals, and rights and freedoms of others
● Prevention, suppression & investigation of acts of terrorism for purposes of Art. 17
3. Reasonable
● Not arbitrary
● Necessary & proportionate measure
4. Necessary
● To protect legitimate aim
5. Proportionality bet. aim and interference
● General Comment 27: Least intrusive measure available
6. Not incompatible with the provisions of the ICCPR
a. Should not hamper the ability to protect other rights
Criteria:
Europe
- Stricter
- Must be prescribed by law but law must describe the circumstance of taking