What does the "3-part necessity test" assess in the context of the ECtHR?

The "3-part necessity test" is a key framework used by the European Court of Human Rights (ECtHR) to assess whether a limitation on a right, as protected by the European Convention on Human Rights, can be justified. This test evaluates three crucial criteria:

1. Prescribed by law: The limitation must be based on law, meaning that there should be a clear and consistent legal foundation for the restriction of the right. This requirement ensures legality and prevents arbitrary actions.

2. Legitimate aim: The aim of the limitation must serve a legitimate purpose recognized by the Convention. This could include purposes such as national security, public safety, or the prevention of disorder or crime. The aim must align with the values and principles set forth by the Convention.

3. Necessity: The necessity criterion assesses whether the limitation is proportional to the aim pursued. It means that the measure must be appropriate and needed to achieve the intended purpose, ensuring that less restrictive means have been considered and that the measure is not excessive in relation to the goal.

This structured approach ensures that any restrictions on rights are carefully scrutinized, upholding the principle that human rights should only be limited under stringent conditions. The other options do