The need to recognize and apply the principle of proportionality in the draft Law on State of Emergency

Abstract

This article analyzes the principle of proportionality - the basis for the State to reasonably limit human rights during a state of emergency, consisting of four elements: legitimacy, appropriateness, necessity, and balance. The author draws comparisons with international experience, particularly the International Covenant on Civil and Political Rights and the European Convention on Human Rights, emphasizing the requirement of “strict necessity of the situation” and the role of independent oversight mechanisms. On this basis, the article recommends that the Draft Law on the State of Emergency should add clear criteria for determining emergencies, principles for applying restrictive measures, and mechanisms for supervision and remedy. The codification of the proportionality principle is deemed essential to ensure harmony between effective state management and the protection of human rights.