Necessary in a democratic society

Source: Wikipedia, the free encyclopedia.

"Necessary in a democratic society" is a

First Amendment.[5]

In the case law of the European Court of Human Rights, "necessary in a democratic society" is further defined as meeting a "pressing social need" and "relevant and sufficient" to a legitimate aim.[2][3] The court has defined "necessary" as somewhere between "reasonable" or "desirable" and "indispensable".[3] When defining what constitutes a "democratic society" for the purposes of the test, the Court considers that freedom of speech is one of its foundations (hence restrictions on it must be narrow and focused). The court also considers that "democracy does not simply mean that the views of a majority must always prevail"[3][6] and that "a balance must be achieved which ensures the fair and proper treatment of minorities and avoids any abuse of a dominant position".[6] In the Greek case (1969), the European Commission of Human Rights found that restrictions imposed by the Greek junta on freedom of association were a violation of the Convention because they worked to create a "police state, which is the antithesis of a 'democratic society'".[7]

The test was developed in the

burqa ban has been judged "necessary in a democratic society" (e.g. in S.A.S. v. France).[9] Article 10 cases related to freedom of expression typically do not involve a dispute as to whether interference took place, but whether it was justified as necessary in a democratic society.[10]

See also

References

  1. ISBN 978-90-5095-195-1
    .
  2. ^
    doi:10.1093/icon/mot004
    .
  3. ^
    ISBN 9287133735
    .
  4. ISSN 0007-974X
    .
  5. ^
    doi:10.1093/icon/mop011
    .
  6. ^
    doi:10.1093/bybil/66.1.209
    .
  7. ISBN 978-90-04-35726-6
    .
  8. ^ Gonzalez, Gérard. "» Les excès de la liberté d'expression et le respect des convictions religieuses selon la Cour européenne des droits de l'homme". Revue des droits et libertés fondamentaux.
  9. doi:10.18060/17670
    .
  10. S2CID 149170360
    .
Retrieved from "https://en.wikipedia.org/w/index.php?title=Necessary_in_a_democratic_society&oldid=1170974848"