When Human Rights Clash at the European Court of Human Rights

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 by engaging in concerted debate on both the existence and resolution of human rights conflicts. To increase its practical relevance, the discussion is framed around leading judgments of the European Court. The book ultimately aims to suggests, through the prism of reasonable disagreement, concrete ways forward in the ongoing debate on human rights conflicts at Europe’s human rights court.

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