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When human rights clash at the European Court of Human Rights : conflict or harmony?

Stijn Smet and Eva Brems (UGent)
(2017)
Editor
Stijn Smet and (UGent)
Organization
Abstract
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.
Keywords
Human Rights, International Courts, Conflicts between fundamental rights

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Citation

Please use this url to cite or link to this publication:

Chicago
Smet, Stijn, and Eva Brems, eds. 2017. “When Human Rights Clash at the European Court of Human Rights : Conflict or Harmony?” Oxford: Oxford University Press.
APA
Smet, Stijn, & Brems, E. (Eds.). (2017). When human rights clash at the European Court of Human Rights : conflict or harmony? Presented at the (How) Should the European Court of Human Rights Resolve Conflicts between Human Rights?, Oxford: Oxford University Press.
Vancouver
1.
Smet S, Brems E, editors. When human rights clash at the European Court of Human Rights : conflict or harmony? Oxford: Oxford University Press; 2017.
MLA
Smet, Stijn, and Eva Brems, eds. “When Human Rights Clash at the European Court of Human Rights : Conflict or Harmony?” 2017 : n. pag. Print.
@book{8529957,
  abstract     = {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.},
  editor       = {Smet, Stijn and Brems, Eva},
  isbn         = {9780198795957},
  keyword      = {Human Rights,International Courts,Conflicts between fundamental rights},
  language     = {eng},
  location     = {Ghent},
  pages        = {288},
  publisher    = {Oxford University Press},
  title        = {When human rights clash at the European Court of Human Rights : conflict or harmony?},
  url          = {https://global.oup.com/academic/product/when-human-rights-clash-at-the-european-court-of-human-rights-9780198795957?cc=be\&lang=en\&\#},
  year         = {2017},
}