Overview

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.

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9780198795957

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Reviews

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. * Vladislava Stoyanova, Nordic Journal of Human Rights * Stijn Smet and Eva Brems have assembled an impressive volume ... Although the editors and contributors to this book are focused on the ECtHR, they share a desire to gain a degree of predictability in how judges decide cases. The attempt to sketch a larger framework of how to think about the concept of conflicting rights in general is a bold undertaking and the contributors have made significant strides in this regard. Lawyers, law students, scholars, rights advocates, philosophers, ethicists, politicians, and judges would all benefit from considering the issues and the cases that are addressed in this book. * Jeff Gottlieb, Reading Religion *

Stijn Smet and Eva Brems have assembled an impressive volume ... Although the editors and contributors to this book are focused on the ECtHR, they share a desire to gain a degree of predictability in how judges decide cases. The attempt to sketch a larger framework of how to think about the concept of conflicting rights in general is a bold undertaking and the contributors have made significant strides in this regard. Lawyers, law students, scholars, rights advocates, philosophers, ethicists, politicians, and judges would all benefit from considering the issues and the cases that are addressed in this book. * Jeff Gottlieb, Reading Religion * 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. * Vladislava Stoyanova, Nordic Journal of Human Rights *

Stijn Smet and Eva Brems have assembled an impressive volume ... Although the editors and contributors to this book are focused on the ECtHR, they share a desire to gain a degree of predictability in how judges decide cases. The attempt to sketch a larger framework of how to think about the concept of conflicting rights in general is a bold undertaking and the contributors have made significant strides in this regard. Lawyers, law students, scholars, rights advocates, philosophers, ethicists, politicians, and judges would all benefit from considering the issues and the cases that are addressed in this book. * Jeff Gottlieb, Reading Religion *

Author Information

Stijn Smet, Postdoctoral Fellow at Melbourne Law School, Eva Brems, Professor of Human Rights Law, Ghent University

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