Conflicts of Rights

2018 ◽  
Author(s):  
John R. Rowan
Keyword(s):  
Conflicts Of Rights

To Discriminate in Order to Fight Discrimination

2017 ◽  
Author(s):  
Dolores Morondo Taramundi
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
The Other ◽  
The United Kingdom ◽  
European Court ◽  
Main Technique ◽  
Antidiscrimination Law ◽  
The One ◽  
Paradoxical Results ◽  
Conflicts Of Rights

This chapter analyses arguments regarding conflicts of rights in the field of antidiscrimination law, which is a troublesome and less studied area of the growing literature on conflicts of rights. Through discussion of Ladele and McFarlane v. The United Kingdom, a case before the European Court of Human Rights, the chapter examines how the construction of this kind of controversy in terms of ‘competing rights’ or ‘conflicts of rights’ seems to produce paradoxical results. Assessment of these apparent difficulties leads the discussion in two different directions. On the one hand, some troubles come to light regarding the use of the conflict of rights frame itself in the field of antidiscrimination law, particularly in relation to the main technique (‘balancing of rights’) to solve them. On the other hand, some serious consequences of the conflict of rights frame on the development of the antidiscrimination theory of the ECtHR are unearthed.

Consent, Coercion, and Conflicts of Rights

1977 ◽  
Vol 20 (3) ◽  
pp. 360-371 ◽  
Author(s):  
Ruth Macklin
Keyword(s):  
Conflicts Of Rights

Conflicts of Rights

2018 ◽  
pp. 435-579
Author(s):  
MISSING-VALUE MISSING-VALUE
Keyword(s):  
Conflicts Of Rights

Introduction—Conflicts of Rights in Theoretical and Comparative Perspective

2017 ◽  
Author(s):  
Stijn Smet
Keyword(s):  
Human Rights ◽  
Ad Hoc ◽  
European Convention ◽  
The Core ◽  
Theoretical Approaches ◽  
Winner Take All ◽  
Conflicts Of Rights ◽  
Take All ◽  
Rights Conflicts

This introductory chapter frames the book’s debate by delineating the extent of persistent reasonable disagreement on both the existence and resolution of human rights conflicts in the context of the European Convention on Human Rights. Drawing on the core arguments of the book’s substantive chapters, the introduction highlights the central cleavages in the debate. The chapter first discusses arguments deployed to deny the very existence of conflicts of rights, as well as available counterarguments. It goes on to provide insight in different strategies aimed at minimizing the occurrence of conflicts. It finally suggests that the resolution of genuine human rights conflicts runs along four axes: balancing versus non-balancing; compromise versus winner-take-all; ad hoc balancing versus definitional balancing; and substantive reasoning versus procedural checks. Where useful, the chapter provides linkages to broader scholarly and judicial debates by accentuating relevant theoretical approaches and comparative materials.

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