Sentences with phrase «establish objective justification»

Not exact matches

The onus of justification was, of course, on the Attorney General to establish that the limitation on freedom of expression was justified in that: (a) it was prescribed by law; (b) related to a pressing and substantial objective; (c) was minimally intrusive; and, (d) the effects were proportional.

It can not be assumed that, just because a scheme in broad terms achieves certain business objectives, this necessarily establishes justification.

The Committee, having taken note of the explanations provided by the delegation, invites the State party to envisage regulating the burden of proof in civil proceedings involving racial discrimination so that once an alleged victim has established a prima facie case that he or she has been a victim of such discrimination, it shall be for the respondent to provide evidence of an objective and reasonable justification for differential treatment.

The test established by the Human Rights Committee to determine whether the individual or minority right should prevail has been whether the restriction upon the right of the individual member of a minority could be shown to have a reasonable and objective justification and be necessary for the continued viability and welfare of the minority as a whole.