Office for Democratic Institutions and Human Rights

OSCE commitments reflect traditional human rights and freedoms, as well as some areas beyond the scope of traditional human-rights law.  

As in other human-rights treaties, an important question is the extent to which rights can be limited. This is important for any practitioner trying to identify whether or not a specific right has been violated.  

Some of the freedoms stipulated by the OSCE contain specific limitation clauses.  However, the OSCE Copenhagen Document stipulates an important general rule for those rights mentioned in this document. They will not be subject to any restrictions except those provided for by the law and consistent with other obligations under international law, such as the International Covenant on Civil and Political Rights.  

Restrictions must not be applied in an arbitrary manner, and they always have to be understood as an exception to the general rule that individual freedom must be respected.  

Any limitation must be strictly proportionate to the aim of the law. This proportionality test requires a narrow interpretation, particularly since any interference must be evaluated against the great value of such fundamental freedoms to a free and open democratic society.