When Rights Collide: Balancing Freedoms

In everyday life, rights sometimes conflict. One person's freedom of expression may clash with another's privacy or reputation; freedom of religion may raise questions about equal treatment; and public health measures may limit freedom of movement or assembly. Philosopher John Stuart Mill's 'harm principle' (1859) argued that the only legitimate reason to restrict a person's liberty is to prevent harm to others.

Modern human rights law uses a test often called proportionality: a limit on a right must be set out in law, pursue a legitimate aim, be necessary, and go no further than needed. The European Convention on Human Rights (1950), for example, lets states limit freedoms of expression and assembly only when 'necessary in a democratic society' for purposes such as public safety or protecting others' rights. Some rights, such as freedom from torture and slavery, are considered absolute and can never be limited.

Reasonable people disagree about where lines should be drawn, which is why courts and democratic debate matter.