Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation “from the repeated reference to ‘democratic institutions’, ‘representative democracy’ and ‘democratic society’ that the question whether a restriction on freedom of expression imposed by a state is ‘necessary to ensure’ one of the objectives listed in subparagraphs (a) or (b) must be judged by reference to the legitimate needs of democratic societies and institutions”.27 The Court concluded that, consequently, “the just demands of democracy must ... guide the interpretation of the Convention and, in particular, the interpretation of those provisions that bear a critical relationship to the preservation and functioning of democratic institutions”.28 To be lawful under the American Convention on Human Rights, limitations on the exercise of rights must comply with: l the principle of legality, in that the restrictive measures must be based in law; l the principle of a democratic society, in that the measure imposed must be judged by reference to the legitimate needs of democratic societies and institutions; l the principle of necessity/proportionality, in that the interference with the exercise of the individual’s right must be necessary in a democratic society for one or more of the specified purposes. 3.1.4 Permissible derogations from legal obligations With some modifications as compared to article 4 of the International Covenant on Civil and Political Rights, article 27 of the American Convention on Human Rights also foresees the possibility for the States parties to derogate from the obligations incurred under the Convention. Below is a brief survey of the conditions attached to this right, which will be dealt with in further detail in Chapter 16: v the condition of exceptional threat: a State party can only resort to derogations “in time of war, public danger, or other emergency that threatens the independence or security of a State Party” (art. 27(1)). This definition is thus worded differently from that under article 4 of the International Covenant and article 15 of the European Convention on Human Rights; v the condition of non-derogability of certain obligations: article 27(2) of the American Convention provides a long list of provisions from which no suspension can ever be made: article 3 (right to juridical personality); article 4 (right to life); article 5 (right to humane treatment); article 6 (freedom from slavery); article 9 27 Ibid., p. 106, para. 42; emphasis added. 28 Ibid., p. 108, para. 44. 86 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers