Introduction

Perhaps the biggest challenge that we face in this area is providing an incentive for government authorities to consider possible alternatives seriously , right at the start of the policy - making process . The court should take care not to transform the second test into an incentive to choose the most drastic and harmful means on the grounds that they are more effective than other , less harmful means . Respect for human rights demands precisely the opposite . In other words , respect for human rights requires that we first examine means that least infringe rights before moving on to consider more extreme measures . Rejecting the more moderate means , and choosing a more harmful alternative , can be considered only once the situation has been properly analyzed , and the conclusion reached that the less harmful measure is insufficiently effective . If , at this stage , the more harmful alternative is preferred , it will most likely be the alternative chosen at the end of the entire pro...  אל הספר