When Human Rights Clash at the European Court of Human Rights
Conflict or Harmony?
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Product details:
- Publisher OUP Oxford
- Date of Publication 13 July 2017
- ISBN 9780198795957
- Binding Hardback
- No. of pages286 pages
- Size 240x179x22 mm
- Weight 584 g
- Language English 0
Categories
Short description:
This book answers a number of central questions in the ongoing scholarly and judicial debate on conflicts of human rights. Throughout this text, contributors provide both theoretical and practical answers by debating the very existence of human rights clashes as well as their resolution.
MoreLong description:
The notion of conflict rests at the heart of the judicial function. Judges are routinely asked to resolve disputes and defuse tensions. Yet, when judges are called upon to adjudicate a purported conflict between human rights, they face particular challenges and must address specific questions. Some of these concern the very existence of human rights conflicts. Can human rights really conflict with one another, in terms of mutual incompatibility? Or should human rights be interpreted in harmony with one another? Other questions concern the resolution of real conflicts. To the extent that human rights do conflict, how should these conflicts be resolved? To what extent is balancing desirable? And if it is desirable, which understanding of balancing should judges employ? This book seeks to provide both theoretical and practical answers to these questions.
When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? debates both the existence and resolution of human rights conflicts, in the specific context of the case law of the European Court of Human Rights. The contributors put forth principled and pragmatic arguments and propose theoretical as well as practical approaches, whilst firmly embedding their proposals in the case law of the European Court. Doing so, this book provides concrete ways forward in the ongoing debate on conflicts of rights at Europe's human rights court.
Overall, When Human Rights Clash at the European Court of Human Rights is an important collection of writings that will prove useful for legal practitioners and judges. There is also much in the edited volume for students and scholars of human rights law to engage with and enjoy. ... The chapters in the edited volume and their comparison and systematisation by Smet in the introduction make an input that not only helps in understanding the existing dynamics, but that can also influence them.
Table of Contents:
Introduction - Conflicts of Rights in Theoretical and Comparative Perspective
Part I - General Approaches
Human Rights in Relation - A Critical Reading of the ECtHR's Approach to Conflicts of Rights
Conflicts between Human Rights and the ECtHR: Towards a Structured Balancing Test
Conflict and Consent: Does the Theory of Waiver of Fundamental Rights Offer Solutions to Settle Their Conflicts?
Part II - Specific Conflicts
Evans v UK: Three Grounds for Ruling Differently
The Comedy of Mrs Evans
To Discriminate in order to Fight Discrimination: Paradox or Abuse?
The Future of Religious Freedom
Freedom of Expression versus Privacy and the Right to Reputation
Circumnavigating the Conflict Between the Right to Reputation and the Right to Freedom of Expression
Fernández Martínez v Spain: An Unclear Intersection of Rights
Reversibility, Proportionality, and Conflicting Rights: Fernández Martínez v Spain
Conclusion - Conflicting Views on Conflicting Rights
