There are certain human rights
which can be said to be unchangeable in their nature. These ‘absolute’ rights
cannot be suspended for any reason and there is no justification for limiting
them.
Absolute rights have two key
features. They are both:
-Non-Derogable: No external
limitations
-Unqualified: No internal
limitations
Thus meaning that no
proportionality test need be applied when examining ‘absolute rights’.
These rights are; Freedom from torture,
Freedom from Slavery
There are certain human rights
which are considered to be non derogable human rights and are often considered
similar ‘absolute rights’. However, it is important to know that non-derogable
can be either absolute or non-absolute, meaning that while they cannot be suspended,
even in cases of emergency, certain non-absolute rights can be limited in their
application. They include rights like the right to life, which we see limited
in death penalty sentencing.
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