http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
When human rights clash at the European Court of Human Rights
This book answers a number of central questions in the ongoing scholarly and judicial debate on conflicts of human rights. Throughout this text, contributors provide both theoretical and practical answers by debating the very existence of human rights clashes as well as their resolution.
Introduction: Conflicts of rights in theoretical and comparative perspectives / Stijn Smet -- Human rights in relation : a critical reading of the ECtHR's approach to conflicts of rights / Samantha Besson -- Conflicts between human rights and the ECtCHR : towards a structured balancing test / Stijn Smet -- Conflicts and consent : does the theory of waiver of fundamental rights offer solutions to settle their conflicts? / Sébastien Van Drooghenbroeck -- Evans v. UK : three grounds for ruling differently / Eva Brems -- Law, dilemmas, and happy endings / Lorenzo Zucca -- To discriminate in order to fight discrimination : paradox or abuse? / Dolores Morondo Taramundi -- The future of religious freedom / Russell Sandberg -- Freedom of expression versus privacy and the right to reputation : how to preserve public interest journalism / Dirk Voorhoof -- Circumnavigating the conflict between the right to reputation and the right to freedom of expression / Leto Cariolou -- Fernández Martínez v. Spain : an unclear intersection of rights / Javier Martínez-Torrón -- Reversibility, proportionality, and conflicting rights : Fernández Martínez v. Spain / Ian Leigh -- Conclusion: Conflicting views on conflicting rights / Eva Brems.
Includes bibliographical references and index.
European Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 4 November 1950)
Oxford, United Kingdom : Oxford University Press, 2017