1st Edition

Resolving Conflicts between Human Rights The Judge's Dilemma

By Stijn Smet Copyright 2017
244 Pages
by Routledge

244 Pages 1 B/W Illustrations
by Routledge

244 Pages 1 B/W Illustrations
by Routledge

Under the influence of the global spread of human rights, legal disputes are increasingly framed in human rights terms. Parties to a legal dispute can often invoke human rights norms in support of their competing claims. Yet, when confronted with cases in which human rights conflict, judges face a dilemma. They have to make difficult choices between superior norms that deserve equal respect. In... Read more

Introduction  Part 1: Identifying Conflicts between Human Rights  1. Conflicts between Human Rights: It Does Really Make a Difference  2. Defining Conflicts between Human Rights  3. Defusing and Minimizing Conflicts between Human Rights  Part II Difficulties in Balancing Human Rights  4. Theoretical Challenges to Balancing Human Rights  5. Practical Obstacles to Balancing Human Rights  Part III Making Balancing Work for Conflicts between Human Rights  6. A Structured Balancing Test for Human Rights Conflicts  7. Alternative (Non-)Balancing Approaches  8.Human Rights Dilemmas and the Limits of the Structured Balancing Test

Biography

Stijn Smet is Postdoctoral Fellow at the Law School of Ghent University. His research interests are human rights, legal theory and political theory. He has published on human rights conflicts in Human Rights Law Review, American University International Law Review and Religion & Human Rights.