We are pleased to announce the recent publication of When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? by Oxford University Press (Stijn Smet and Eva Brems, eds). The volume tackles both the existence and resolution of human rights conflicts at the ECtHR. It contains contributions by Samantha Besson, Eva Brems, Leto Cariolou, Ian Leigh, Javier Martínez-Torrón, Dolores Morondo Taramundi, Russell Sandberg, Stijn Smet, Sébastien Van Drooghenbroeck, Dirk Voorhoof and Lorenzo Zucca. In the book’s first part, contributors propose a range of general approaches to human rights clashes. In its second part, they engage in concerted scholarly debate about four leading ECtHR judgments on human rights conflicts: Axel Springer AG v. Germany; Evans v. The United Kingdom; Fernández Martínez v. Spain; and Eweida v. The United Kingdom.
This is the volume’s description:
The notion of conflict rests at the heart of the judicial function. Judges are routinely asked to resolve disputes and defuse tensions. Yet, when judges are called upon to adjudicate a purported conflict between human rights, they face particular challenges and must address specific questions. Some of these concern the very existence of human rights conflicts. Can human rights really conflict with one another, in terms of mutual incompatibility? Or should human rights be interpreted in harmony with one another? Other questions concern the resolution of real conflicts. To the extent that human rights do conflict, how should these conflicts be resolved? To what extent is balancing desirable? And if it is desirable, which understanding of balancing should judges employ? This book seeks to provide both theoretical and practical answers to these questions. It debates both the existence and resolution of human rights conflicts, in the specific context of the case law of the European Court of Human Rights. The contributors put forth principled and pragmatic arguments and propose theoretical as well as practical approaches, whilst firmly embedding their proposals in the case law of the European Court. Doing so, this book provides concrete ways forward in the ongoing debate on conflicts of rights at Europe’s human rights court.
Readers of the Strasbourg Observers Blog can use promotional code ALAUTHC4 to receive a 30% discount when ordering the book directly from the OUP website (only for individual (non-trade) customers; limit of ten copies; valid until 31 December 2017).