Every human rights lawyer at some point or other comes across an issue of conflicting human rights. Yet there is surprisingly little literature on this issue; especially if one wants to examine the matter at a general level, above specific conflicts such as those between freedom of expression and the right to non-discrimination, or between religious freedom and women’s rights.. The International Conference on conflicts between fundamental rights that took place in Ghent (Belgium) on 15 and 16 December 2006 brought together a diverse group of human rights scholars who reflected on this issue from different angles. The papers in this volume are selected from among those that were presented at the conference. The issue of conflicting rights is examined in both domestic and international human rights law, and deal with many different types of human rights, including economic and social rights. Some are empirical, describing and analysing how courts and legislators deal with these issues. Others adopt a normative approach, attempting to establish criteria that may guide future judges and lawmakers confronted with conflicts between fundamental rights.
About the book
‘This impressive volume brings us to the heart of the fierce debate on conflicts between fundamental rights. [It] is an important volume, which addresses many aspects of the highly topical issue of conflicting rights. It includes, in general, thought-provoking contributions of a high quality, which will incite more debate.’
Matthijs de Blois in 30 NQHR 248 (2012)
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