against a credible threat or use of force. But where the deterioration is due to the
suppression of human rights, the above reasons cannot be used to justify the restriction.
Any restriction must have a legal basis in that it should be “prescribed by law. Its content
must be “necessary in a democratic society”.
5. Restrictions must comply with International Human Rights norms and standards, including
treaty obligations, in order to be permissible. Namely,
5.1. Restrictions must be provided for in the law. Restrictions must be imposed through
law or administrative decisions based on law. It must be formulated with sufficient
precision to enable individuals to foresee whether a particular action is in breach of the
law and to assess the likely consequences of breach.
5.2.Pursues a legitimate aim- Restrictions must be necessary in a democratic society. The
State must demonstrate that the restrictions imposed have the genuine purpose and
demonstrable effect of protecting a legitimate aim. As such, restrictions could only be
imposed for the protection of national security, public order, public health or morals,
the rights and freedom of others, or public safety. National, political or government
interest is not synonymous with national security or public order.
5.3.Is necessary and proportionate to the legitimate aim- Restrictions to the right to
protest should be deemed necessary only if there is a pressing social need for the
restriction. The party invoking the restriction must show a direct and immediate
connection between the protest and the protected interest.
6. The State has the obligation to prove the precise nature of the threat and the specific risks
such threat poses, when it invokes national security and protection of public order to impose
restrictions on peaceful assembly. Mere reference to the general security situation of the
country does not suffice to impose restrictions
7. While it is recognized that the State may restrict peaceful protesters from assembling in
certain areas, such as particular buildings and streets, the application for such restrictions
must conform with the law. The restrictions on “time, place, and manner’” should meet the
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