When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony?
Stijn Smet and Eva Brems
Abstract
This book aims to answer key questions surrounding (purported) conflicts of human rights at the European Court of Human Rights. Some of these questions concern the very existence of human rights conflicts. Can human rights really conflict with one another? Or should they be interpreted in harmony with one another? Other questions relate to the resolution of genuine human rights conflicts. How should such genuine conflicts be resolved? To what extent is balancing desirable? And which understanding of balancing should be employed? Throughout the book, contributors aim to answer these questions b ... More
This book aims to answer key questions surrounding (purported) conflicts of human rights at the European Court of Human Rights. Some of these questions concern the very existence of human rights conflicts. Can human rights really conflict with one another? Or should they be interpreted in harmony with one another? Other questions relate to the resolution of genuine human rights conflicts. How should such genuine conflicts be resolved? To what extent is balancing desirable? And which understanding of balancing should be employed? Throughout the book, contributors aim to answer these questions by engaging in concerted debate on both the existence and resolution of human rights conflicts. To increase its practical relevance, the discussion is framed around leading judgments of the European Court. The book ultimately aims to suggests, through the prism of reasonable disagreement, concrete ways forward in the ongoing debate on human rights conflicts at Europe’s human rights court.
Keywords:
conflicts of rights,
conflicting rights,
human rights conflict,
European Court of Human Rights,
ECtHR,
European Convention on Human Rights,
ECHR,
existence of conflict,
resolution of conflict,
balancing
Bibliographic Information
| Print publication date: 2017 |
Print ISBN-13: 9780198795957 |
| Published to Oxford Scholarship Online: August 2017 |
DOI:10.1093/oso/9780198795957.001.0001 |
Authors
Affiliations are at time of print publication.
Stijn Smet, editor
Postdoctoral Fellow at Melbourne Law School
Eva Brems, editor
Professor of Human Rights Law, Ghent University
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