Human rights are not absolute, and are subject to reasonable restrictions. This does not mean that the rights can be arbitrarily curtailed according to legislative or bureaucratic discretion. If human rights are to be meaningful they cannot be subject to crude majoritarian dictates.

1. By Arundathie Abeysinghe
Lecturer
International Aviation Academy
SriLankan Airlines
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Rights to which a human being is entitled to by virtue of
the fact he/she was born as a human being
The term human rights is widely used after World War
II replacing the term “natural rights”, associated with the
Greco-Roman concept of natural law since the end of the
Middle Ages
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The concept of human rights has existed under several
names in European thought for many centuries since the
time of King John of England when he violated a number
of ancient customs by which England had been governed
His subjects forced him to sign the Magna Carta or Great
Charter
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Human rights are not absolute, and are subject to
reasonable restrictions
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This does not mean that the rights can be arbitrarily
curtailed according to legislative or bureaucratic
discretion
If human rights are to be meaningful they cannot be
subject to crude majoritarian dictates
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There are rights of speech and expression and assembly
But these rights are subject to limitations
The right to freedom of association must be exercised so as
not to interfere with the rights of others to move about the
streets or go about their business
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There are instances where human rights are restricted e.g. the
right to hold demonstrations
There is no absolute right to democratic protest or to march
"Senator George was yet again goaled for upholding the
principle of the right to democratic protest in Brisbane streets“ National Times (August 25, 1979)
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The right of free expression of the press to cover news stories
may clash with the right of an accused in a criminal case not
to be prejudiced by adverse publicity of allegations made
against him prior to trial or in a pre-trial hearing
The right to free expression should not defame or slander a
person
Governments have the power to limit or control the freedom
of expression in times of severe need or emergency – e.g.
press censorship during a war
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8. 
Article 19 of the International Covenant on Civil and Political
Rights specifies that freedom of expression carries with it
special duties and responsibilities and therefore be subject to
certain restrictions
(a) for the respect of the rights or reputation of others
(b) for the protection of national security or of public order or
of public health or morals
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9. 
Section 479 of the Penal Code of Sri Lanka has also specified
limitations to the freedom of expression
“ Whoever, by words either spoken or intended to be read, or by
signs or by visible representations, makes or publishes any
imputation concerning any person, intending to harm or
knowing or having reason to believe that such imputation will
harm, the reputation of such person”
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Freedom of expression is also limited in the following
instances ;
Obscene publications and the singing, reciting or
uttering of obscene songs, ballads or words in public
places are prohibited - Sections 285,286 and 287 of the
Penal Code of Sri Lanka
Accordingly, Courts in Sri Lanka have taken an
example from the British Courts
R v Martin Secker Warburg Ltd. , where a firm of
publishers were charged with having published an
obscene novel called “The Philanderers” by Stanley
Kauffman
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According to International Human Rights Law, freedom of
speech is not an absolute right, but should be exercised with
responsibility and may be subject to limitations as provided
by law
This freedom should not be used as a pretext or excuse to
defame religions and religious symbols – e.g. controversies
created by the film Fitna
- The article ‘Isalamophobia and Muslim Growth’ – March 5,
2008
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Fundamental requirements of a capitalist economic system is
property rights
Property rights often take precedence over human rights and as
a result people have unequal opportunities
Right to education – Everybody should have this right, yet,
everybody does not have the equal opportunity to education –
e.g. a student in a rural school does not have the same
privileges as a student in an urban school
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Constitution of the Democratic Socialist Republic of Sri Lanka
has specified certain restrictions on fundamental rights
“The exercise and operation of the fundamental right declared
and recognized by Article 15(1) (freedom of speech, assembly,
association, occupation and movement) shall be subjected to
such restrictions as may be prescribed by law in the interests of
racial and religious harmony or in relation to parliamentary
privilege, contempt of court, defamation or incitement to an
offence”
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“The exercise and operation of the fundamental rights may be
subject to restrictions as may be prescribed by law in the
interests of national economy or in relation to professional,
technical, academic, financial and other qualifications
necessary for practicing any profession or carrying on any
occupation, trade, business or enterprise
- Article 15 of the Constitution of the Democratic Socialist
Republic of Sri Lanka
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Most civil and political rights are not absolute
They can be restricted by public and private property rights, by
restraining orders related to domestic violence and by legal
punishments
After a disaster such as a hurricane or earthquake free movement
is suspended to permit access of emergency vehicles and
equipment and to prevent looting
The International Covenant on Civil and Political Rights permits
rights to be suspended during times "of public emergency which
threatens the life of the nation"
- Article 4 - International Covenant on Civil and Political
Rights
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As set out in the International Covenant on Civil and Political
Rights and the African Charter on Human and People’s Rights
there are rights which cannot be derogated under any
circumstances
The right to life, the right not to be subjected to torture or to
cruel treatment but also the right not to be subjected to
arbitrary arrest, the right not to be deprived of liberty and the
right to be treated with humanity and with respect for
inherent dignity of the human person
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