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Smet & Brems: When Human Rights Clash at the European Court of Human Rights

Smet & Brems: When Human Rights Clash at the European Court of Human Rights

Stijn Smet (Univ. of Melbourne – Law) & Eva Brems (Ghent Univ. – Law) have published When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? (Oxford Univ. Press 2017). Contents include:
  • Stijn Smet, Introduction – Conflicts of Rights in Theoretical and Comparative Perspective
  • Samantha Besson, Human Rights in Relation – A Critical Reading of the ECtHR’s Approach to Conflicts of Rights
  • Stijn Smet, Conflicts between Human Rights and the ECtHR: Towards a Structured Balancing Test
  • Sébastien Van Drooghenbroeck, Conflict and Consent: Does the Theory of Waiver of Fundamental Rights Offer Solutions to Settle Their Conflicts?
  • Eva Brems, Evans v UK: Three Grounds for Ruling Differently
  • Lorenzo Zucca, The Comedy of Mrs Evans
  • Dolores Morondo Taramundi, To Discriminate in order to Fight Discrimination: Paradox or Abuse?
  • Russell Sandberg, The Future of Religious Freedom
  • Dirk Voorhoof, Freedom of Expression versus Privacy and the Right to Reputation
  • Leto Cariolou, Circumnavigating the Conflict Between the Right to Reputation and the Right to Freedom of Expression
  • Javier Martínez-Torrón, Fernández Martínez v Spain: An Unclear Intersection of Rights
  • Ian Leigh, Reversibility, Proportionality, and Conflicting Rights: Fernández Martínez v Spain
  • Eva Brems, Conclusion – Conflicting Views on Conflicting Rights

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