(1) A human right may be subject under law only to reasonable limits that can
be demonstrably justified in a free and democratic society based on human
dignity, equality and freedom.
(2) In deciding whether a limit on a human
right is reasonable and justifiable as mentioned in subsection (1) , the
following factors may be relevant—
(a) the nature of the human right;
(b)
the nature of the purpose of the limitation, including whether it is
consistent with a free and democratic society based on human dignity, equality
and freedom;
(c) the relationship between the limitation and its purpose,
including whether the limitation helps to achieve the purpose;
(d) whether
there are any less restrictive and reasonably available ways to achieve the
purpose;
(e) the importance of the purpose of the limitation;
(f) the
importance of preserving the human right, taking into account the nature and
extent of the limitation on the human right;
(g) the balance between the
matters mentioned in paragraphs (e) and (f) .
