Proportionality

Proportionality

Principle of proportionality

proportionality, and distinction.

C. Necessity and proportionality

However, if a person is detained or otherwise under the de facto control of another person, i.e. powerless, the proportionality test is no longer applicable and the prohibition of torture and CIDT is absolute.

Election results are based on the principle of proportionality.

proportionality the principle of proportionality requires that the collateral civilian losses resulting from a military action should not be excessive in relation to the expected military advantage.

In all other cases, and in particular in situations of interrogation, no proportionality test may be applied and the prohibition of torture and cruel, inhuman or degrading treatment or punishment is equally as absolute as the prohibition of torture.

The characteristics of cluster munitions also raise concerns under the rule of proportionality.

The representative of Switzerland wondered whether the Special Rapporteur could enlarge on the idea of proportionality.

The definition of spouse failed the proportionality test under section 1 of the Charter because the stated purpose to treat married and unmarried spouses equally was not rationally connected to an overbroad definition of spouse, which caught non marriage like relationships and did not minimally impair the right to equality.

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The European Court of Human Rights, the Committee against Torture and the Inter American Commission on Human Rights have not followed this approach. There are cases in which the excessive use of police force outside detention, by applying the proportionality test has been found to constitute CIDT e.g. the cases of R.L. and M. J.D. v.

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(i.e. military necessity, distinction, discrimination, proportionality, precautions taken before and during an attack, superfluous injury unnecessary suffering, environmental protection, any others?

(i.e. military necessity, distinction, discrimination, proportionality, precautions taken before and during an attack, superfluous injury unnecessary suffering, environmental protection, any others?

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But from the moment the person concerned is under the de facto control of the police officer (e.g. hors de combat, otherwise unable to resist or flee a premises, is arrested and handcuffed, detained in a police van or cell, etc.), the proportionality test ceases to be applicable and the use of physical or mental coercion is no longer permitted.

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He stated that he was very disappointed by the report, which he considered grossly one sided, especially with regard to the proportionality principle.

Such a requirement should also have a legitimate aim and respect the requirement of proportionality in order to constitute a legal ground for discrimination.

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Nor should the threat of terrorism be allowed to undermine the precepts of international humanitarian law founded on the key principles of limitation and proportionality.

The principle of proportionality requires first of all the legality of the use of force under domestic law, which is usually regulated in police codes.

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