Dolores Morondo Taramundi
- Published in print:
- 2017
- Published Online:
- August 2017
- ISBN:
- 9780198795957
- eISBN:
- 9780191837135
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198795957.003.0007
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter analyses arguments regarding conflicts of rights in the field of antidiscrimination law, which is a troublesome and less studied area of the growing literature on conflicts of rights. ...
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This chapter analyses arguments regarding conflicts of rights in the field of antidiscrimination law, which is a troublesome and less studied area of the growing literature on conflicts of rights. Through discussion of Ladele and McFarlane v. The United Kingdom, a case before the European Court of Human Rights, the chapter examines how the construction of this kind of controversy in terms of ‘competing rights’ or ‘conflicts of rights’ seems to produce paradoxical results. Assessment of these apparent difficulties leads the discussion in two different directions. On the one hand, some troubles come to light regarding the use of the conflict of rights frame itself in the field of antidiscrimination law, particularly in relation to the main technique (‘balancing of rights’) to solve them. On the other hand, some serious consequences of the conflict of rights frame on the development of the antidiscrimination theory of the ECtHR are unearthed.Less
This chapter analyses arguments regarding conflicts of rights in the field of antidiscrimination law, which is a troublesome and less studied area of the growing literature on conflicts of rights. Through discussion of Ladele and McFarlane v. The United Kingdom, a case before the European Court of Human Rights, the chapter examines how the construction of this kind of controversy in terms of ‘competing rights’ or ‘conflicts of rights’ seems to produce paradoxical results. Assessment of these apparent difficulties leads the discussion in two different directions. On the one hand, some troubles come to light regarding the use of the conflict of rights frame itself in the field of antidiscrimination law, particularly in relation to the main technique (‘balancing of rights’) to solve them. On the other hand, some serious consequences of the conflict of rights frame on the development of the antidiscrimination theory of the ECtHR are unearthed.
Luis G. Martínez del Campo
- Published in print:
- 2016
- Published Online:
- January 2019
- ISBN:
- 9781781382752
- eISBN:
- 9781786945266
- Item type:
- book
- Publisher:
- Liverpool University Press
- DOI:
- 10.5949/liverpool/9781781382752.001.0001
- Subject:
- History, Social History
In this book, I explore the history of the British-Spanish Society, which played a key role in the cultural relations between Spain and the UK during the 20th Century. I argue that this association ...
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In this book, I explore the history of the British-Spanish Society, which played a key role in the cultural relations between Spain and the UK during the 20th Century. I argue that this association is an early example of those cultural institutions involved in foreign policy. Although its aims were usually political and economic, its strategies were based on the advocacy of cultural understanding between Britons and Spaniards. In fact, the British-Spanish Society’ biggest achievement was its important contribution to the development of the Spanish language education in the UK in the 20th Century. In the beginning, the association was basically a British soft power tool, but it also served the Spanish diplomatic strategy after the World War II. This book offers the first overview of its history, paying special attention to both its role in British-Spanish relations, and its contribution to Spanish language education in the UK.Less
In this book, I explore the history of the British-Spanish Society, which played a key role in the cultural relations between Spain and the UK during the 20th Century. I argue that this association is an early example of those cultural institutions involved in foreign policy. Although its aims were usually political and economic, its strategies were based on the advocacy of cultural understanding between Britons and Spaniards. In fact, the British-Spanish Society’ biggest achievement was its important contribution to the development of the Spanish language education in the UK in the 20th Century. In the beginning, the association was basically a British soft power tool, but it also served the Spanish diplomatic strategy after the World War II. This book offers the first overview of its history, paying special attention to both its role in British-Spanish relations, and its contribution to Spanish language education in the UK.
Russell Sandberg
- Published in print:
- 2017
- Published Online:
- August 2017
- ISBN:
- 9780198795957
- eISBN:
- 9780191837135
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198795957.003.0008
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter revisits Ladele v. The United Kingdom, contending that the way in which the case was argued at the European Court of Human Rights resulted from a restrictive interpretation of Article 9 ...
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This chapter revisits Ladele v. The United Kingdom, contending that the way in which the case was argued at the European Court of Human Rights resulted from a restrictive interpretation of Article 9 of the European Convention on Human Rights by UK courts. It is argued that Ladele and other cases remain best adjudicated and understood as freedom of religion claims, provided that the way in which such claims are argued and adjudicated is improved. This chapter innovates by applying Ayelet Shachar’s call for ‘joint governance’ to the question of religious freedom as a human right for the first time, before suggesting that a relational approach to the relevant cases is required, emphasizing relationships and the power roles within them.Less
This chapter revisits Ladele v. The United Kingdom, contending that the way in which the case was argued at the European Court of Human Rights resulted from a restrictive interpretation of Article 9 of the European Convention on Human Rights by UK courts. It is argued that Ladele and other cases remain best adjudicated and understood as freedom of religion claims, provided that the way in which such claims are argued and adjudicated is improved. This chapter innovates by applying Ayelet Shachar’s call for ‘joint governance’ to the question of religious freedom as a human right for the first time, before suggesting that a relational approach to the relevant cases is required, emphasizing relationships and the power roles within them.
Eva Brems
- Published in print:
- 2017
- Published Online:
- August 2017
- ISBN:
- 9780198795957
- eISBN:
- 9780191837135
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198795957.003.0005
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter discusses the 2007 Grand Chamber judgment of Evans v. The United Kingdom, in which the European Court of Human Rights stated that the destruction of frozen embryos against the will of ...
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This chapter discusses the 2007 Grand Chamber judgment of Evans v. The United Kingdom, in which the European Court of Human Rights stated that the destruction of frozen embryos against the will of the female contributor, who had invested her last egg cells in these embryos, did not violate the Convention. The chapter argues in favour of a different outcome. The alternative approach to Evans follows a method that stands on two legs. The first leg is a three-step model for addressing conflicts between human rights, that the author has developed in previous research. The second leg is an integrated perspective of international human rights law, that brings in insights from women’s rights and disability rights.Less
This chapter discusses the 2007 Grand Chamber judgment of Evans v. The United Kingdom, in which the European Court of Human Rights stated that the destruction of frozen embryos against the will of the female contributor, who had invested her last egg cells in these embryos, did not violate the Convention. The chapter argues in favour of a different outcome. The alternative approach to Evans follows a method that stands on two legs. The first leg is a three-step model for addressing conflicts between human rights, that the author has developed in previous research. The second leg is an integrated perspective of international human rights law, that brings in insights from women’s rights and disability rights.
Lorenzo Zucca
- Published in print:
- 2017
- Published Online:
- August 2017
- ISBN:
- 9780198795957
- eISBN:
- 9780191837135
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198795957.003.0006
- Subject:
- Law, Human Rights and Immigration, Public International Law
Genuine conflicts of rights imply a choice between two valuable goods and an inevitable sacrifice as a consequence. In Evans v. The United Kingdom the choice was between imposing fatherhood on one of ...
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Genuine conflicts of rights imply a choice between two valuable goods and an inevitable sacrifice as a consequence. In Evans v. The United Kingdom the choice was between imposing fatherhood on one of the parties or denying biological motherhood to the other. The case was presented as a dilemma, and this chapter suggests a cautious approach to the resolution of dilemmas. In medical ethics, technological advancements largely determine the range of options open to individuals. Medical progress is so fast that a dead end one day can become an opportunity the next. This reshapes the choices individuals have and ultimately dispels the necessary choice between options that seemed to lead to a sacrifice of value. This chapter argues that given the state of incessant medical progress, it is fundamental that the law refrains from coercing either party to do something without their consent.Less
Genuine conflicts of rights imply a choice between two valuable goods and an inevitable sacrifice as a consequence. In Evans v. The United Kingdom the choice was between imposing fatherhood on one of the parties or denying biological motherhood to the other. The case was presented as a dilemma, and this chapter suggests a cautious approach to the resolution of dilemmas. In medical ethics, technological advancements largely determine the range of options open to individuals. Medical progress is so fast that a dead end one day can become an opportunity the next. This reshapes the choices individuals have and ultimately dispels the necessary choice between options that seemed to lead to a sacrifice of value. This chapter argues that given the state of incessant medical progress, it is fundamental that the law refrains from coercing either party to do something without their consent.