revocation of Mr. Ivcher’s nationality, in violation of Article 20( ) de the American Convention.”172 7.4. Necessity PRINCIPLE LEGAL STANDARD The deprivation of nationality as a national security measure must be strictly necessary for achieving a legitimate purpose, which is clearly articulated. ICCPR, Art. 12(3): “ freedom of movement shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant. HRC General Comment No. 31, para. 6: “State Parties must refrain from violation of the rights recognized by the Covenant, and restrictions on any of those rights must be permissible under the relevant provisions of the Covenant. Where such restrictions are made, States must demonstrate their necessity and only take such measures as are proportionate to the pursuance of legitimate aims in order to ensure continuous and effective protection of Covenant rights. 98. The principle that deprivation of nationality as a national security measure must be strictly necessary for achieving the stated legitimate purpose. 99. That restrictions to human rights must be necessary for achieving the legitimate purpose is articulated in legal instruments at both international and regional level. For instance, the ICCPR173 and further guidance in a General Comment of the Human Right Committee (HRC) provide: “States Parties must refrain from violation of the rights recognized by the Covenant, and any restrictions on any of those rights must be permissible under the relevant provisions of the Covenant. Where such restrictions are made, States must demonstrate their necessity and only take such measures as are proportionate to the pursuance of legitimate aims in order to ensure continuous and effective protection of Covenant rights. In no case may the restrictions be applied or invoked in a manner that would impair the essence of a Covenant right.”174 100. At the European regional level, the Charter of Fundamental Rights of The European Union provides that limitations to the rights in this Charter “must be provided for by law and respect the essence of those rights and freedoms. Subject to the principle of proportionality, limitations may 172 IACtHR, Ivcher-Bronstein v Peru (2001), Series C No. 74, para 96. Art. 12(3) ICCPR; Art. 2(1) ICCPR. 174 Human Rights Committee, ‘General Comment No. : The Nature of the General Legal Obligation Imposed on States Parties to the Covenant’ (2004) CCPR/C/21/Rev.1/Add.13. 173 55