Why Are Civil Liberties Not Absolute: Exploring Their Limits

The concept of human rights, while fundamental, is not absolute. This is because there are situations where individuals may infringe upon the rights of others or pose a significant threat to society, necessitating certain limitations on their rights to ensure the safety and well-being of the broader community. These limitations, however, must be carefully balanced and defined to strike a crucial equilibrium. They should only extend to the minimum extent necessary to safeguard human dignity and the collective welfare of society. In essence, the limitation of human rights in such cases is guided by the principle of protecting the greater good while respecting the inherent dignity of every individual.

“What are not absolute rights?” This question pertains to fundamental rights, which, while crucial, are not without limitations. These fundamental rights come with reasonable restrictions, which implies they are not absolute. These restrictions are necessary to balance individual freedoms with the broader interests of society. These limitations include considerations related to state security, public morality, decency, and maintaining amicable relations with foreign nations. Importantly, fundamental rights are justiciable, meaning they can be enforced through legal processes in courts. This ensures that individuals can seek remedies when their rights are violated, making these rights a cornerstone of a fair and equitable society. (Note: The date “31 thg 7, 2022” appears to be unrelated to the topic and can be omitted unless it has specific relevance to the discussion.)

Is it possible for rights to always remain without restrictions? International human rights law acknowledges that the majority of rights and freedoms are not absolute and can be subject to reasonable limitations. However, it’s important to differentiate between absolute rights and non-absolute rights, as they have distinct characteristics. Absolute rights are those that cannot be restricted or limited under any circumstances. To gain a better understanding of this distinction, please refer to the list provided in the box above.