What are the structural principles of human rights law?

1-     Proportionality: Limitations are based on legitimate aims: public safety, security, public order, rights and freedoms of others.

Proportionality test: legitimate aim, suitability, necessity.

2-     incompatibility and balancing – it applies to equal rights (example: right to freedom of expression v. right to freedom of religion); Judicial restraint – giving a case back to the legislator

3-     Subsidiarity: structural; procedural; substantive

4-     Procedural subsidiarity: exhaustion of domestic remedies; remedial subsidiarity; the margin of appreciation/discretion.

5-     Sovereignty: political intervention; control over the persons and objects; immunity of the state and officials.

6-     Solidarity: humanitarian issues; environment; responsibility to protect (prevent, respond, rebuild); problems (Security Council, positive and negative impact of the responsibility)

7-     Equality: formal and substantive equality: Equality of opportunity and equality of outcome.