Qualified right – there are limitations to this article as set out in 8(2). A balance
must be struck between the rights of the individual and the community as a whole.
• If someone can show that their right has been interfered with, the
state has to show that the interference was justified. They will use the following criteria:
• Does the act meet the legitimate aim?
• Is it arbitrary, unfair or irrational?
• Does it impact the very essence of the right?
• Is it the minimum interference possible?
• Is there a balance between competing interests?