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When Human Rights Clash at the European Court of Human Rights – Conflict or Harmony? - Oxford Scholarship Online
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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

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