Açıqlama:

The principle of proportionality is the most important criterion for assessing the legitimacy and lawfulness of the limitation of human rights. Despite the lack of a contractual framework, through the practice of international monitoring bodies, especially the European Court of Human Rights, the principle of proportionality has become one of the key principles of the international legal protection of human rights. The principle of proportionality sets the limits for state intervention in the exercise by individuals of their fundamental rights and freedoms guaranteed by international treaties, determining the relationship between the state and civil society. The principle of proportionality is an important means of control realized by the Strasbourg Court in a concrete and thorough manner with the aim of ensuring an equitable balance between the legitimate aim of the limitation and the guaranteed rights of the individual. It is necessary to consider the principle of proportionality of the limitations of the rights and freedoms of citizens on the basis of a comprehensive analysis of such concepts as necessity, legality, goals, limits, scope, methods and duration of limitation.