Resolving Conflicts Between Human Rights
The Judge's Dilemma
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With the spread of human rights language and instruments, court cases that were previously dealt with in terms of national law are increasingly framed in human rights terms. In Europe both parties to a legal dispute at the national level can often rely on the human rights norms of the ECHR to support their competing claims. This book explores how such conflicts between human rights can be defined and considers whether such conflicts pose particular challenges in terms of their resolution. While analysis is largely drawn from the case law of the European Court of Human Rights its finding are ap...
With the spread of human rights language and instruments, court cases that were previously dealt with in terms of national law are increasingly framed in human rights terms. In Europe both parties to a legal dispute at the national level can often rely on the human rights norms of the ECHR to support their competing claims. This book explores how such conflicts between human rights can be defined and considers whether such conflicts pose particular challenges in terms of their resolution. While analysis is largely drawn from the case law of the European Court of Human Rights its finding are applicable to judicial practice in general when it comes to resolving conflicts between human rights.
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