Victorian Consolidated Legislation

Charter of Human Rights and Responsibilities Act 2006 - SECT 7

PART 2 HUMAN RIGHTS

Human rights-what they are and when they may be limited

7. Human rights-what they are and when they may be limited



(1) This Part sets out the human rights that Parliament specifically seeks to
protect and promote.

(2) A human right may be subject under law only to such reasonable limits as
can be demonstrably justified in a free and democratic society based on human
dignity, equality and freedom, and taking into account all relevant factors
including-

   (a)  the nature of the right; and

   (b)  the importance of the purpose of the limitation; and

   (c)  the nature and extent of the limitation; and

   (d)  the relationship between the limitation and its purpose; and

   (e)  any less restrictive means reasonably available to achieve the purpose
        that the limitation seeks to achieve.

(3) Nothing in this Charter gives a person, entity or public authority a right
to limit (to a greater extent than is provided for in this Charter) or destroy
the human rights of any person.