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When Human Rights Clash at the European Court of Human RightsConflict or Harmony?$
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Stijn Smet and Eva Brems

Print publication date: 2017

Print ISBN-13: 9780198795957

Published to Oxford Scholarship Online: August 2017

DOI: 10.1093/oso/9780198795957.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 05 July 2022

Evans v. UK

Evans v. UK

Three Grounds for Ruling Differently

(p.75) 4 Evans v. UK
When Human Rights Clash at the European Court of Human Rights

Eva Brems

Oxford University Press

This chapter discusses the 2007 Grand Chamber judgment of Evans v. The United Kingdom, in which the European Court of Human Rights stated that the destruction of frozen embryos against the will of the female contributor, who had invested her last egg cells in these embryos, did not violate the Convention. The chapter argues in favour of a different outcome. The alternative approach to Evans follows a method that stands on two legs. The first leg is a three-step model for addressing conflicts between human rights, that the author has developed in previous research. The second leg is an integrated perspective of international human rights law, that brings in insights from women’s rights and disability rights.

Keywords:   conflicts of rights, European Court of Human Rights, ECtHR, fake conflicts, compromise, balancing, balancing criteria, Evans v. The United Kingdom

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