Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation v v v v the right to the formation and protection of families – art. 15; the rights of children – art. 16; the right of the elderly to protection – art. 17; the right of the handicapped to protection – art. 18. 3.1.3 Permissible limitations on the exercise of rights19 The exercise of the following rights may be subjected to limitations if necessary for specifically enumerated purposes: the right to manifest one’s religion and beliefs (art. 12(3)); the right to freedom of thought and expression (art. 13(2)); the right to the freedoms of assembly and of association (arts. 15, 16(2) and (3)); and the right to freedom of movement and residence, including the right to leave any country, including one’s own (art. 22(3)). Grounds which may justify limitations on the exercise of rights are, among others, the protection of public safety, health, morals, (public) order, national security or the rights and freedoms of others (the legitimate reasons vary depending on the right protected). In addition, the law may, on certain specified grounds, “regulate the exercise of the rights and opportunities” linked to the right to participate in government (art. 23(2)). As to the principle of legality, all limitation provisions stipulate that the limitations imposed must be prescribed by law, established by law, imposed in conformity with the law, or pursuant to law. However, article 30 contains a general provision whereby restrictions on the exercise of rights foreseen in the Convention “may not be applied except in accordance with the laws enacted for reasons of general interest and in accordance with the purpose for which such restrictions have been established”. The Inter-American Court of Human Rights has analysed the term “laws” found in article 30 in an Advisory Opinion, in which it held that the meaning of this word “in the context of a system for the protection of human rights cannot be dissociated from the nature and origin of that system”, which “is in effect based on the affirmation of the existence of certain inviolable attributes of the individual that cannot be legitimately restricted through the exercise of governmental power”.20 In the view of the Court, it was therefore “essential that State actions affecting basic rights not be left to the discretion of the government but, rather, that they be surrounded by a set of guarantees designed to ensure that the inviolable attributes of the individual not be impaired”.21 19 For further information on limitations on the exercise of rights, see in particular Chapter 12 of this Manual concerning “Some Other Key Rights: The Freedoms of Thought, Conscience, Religion, Opinion, Expression, Association and Assembly”. 20 I-A Court HR, The Word “Laws” in Article 30 of the American Convention on Human Rights, Advisory Opinion OC-6/86 of May 9, 1986, Series A, No. 6, p. 29, para. 21. 21 Ibid., pp. 29-30, para. 22. 84 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers