Qualified Right
A Convention right that can be interfered with if the interference is prescribed by law, pursues a legitimate aim, and is necessary in a democratic society (proportionate). Articles 8-11 are qualified rights.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Unlike an absolute right, a qualified right under the European Convention on Human Rights can lawfully be restricted by the state, provided the restriction meets specific conditions. Article 8 of the Convention, scheduled to the Human Rights Act 1998, illustrates the standard formula: there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Articles 9, 10 and 11 — freedom of thought, conscience and religion, freedom of expression, and freedom of assembly and association — are drafted with the same structure: each right is stated in absolute terms in its first paragraph, then made subject to a second paragraph permitting interferences that are prescribed by law and necessary in a democratic society for one of a defined list of legitimate aims.
Related terms
Official sources
This explanation is drawn from the official sources below; every substantive statement is verified against them. For advice on a specific matter, see our find help page.