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Civil Rights

Rex Martin

in A System of Rights

Published in print:
1997
Published Online:
November 2003
ISBN:
9780198292937
eISBN:
9780191599811
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198292937.003.0006
Subject:
Political Science, Political Theory

Civil rights are universal rights, rights that hold good for all citizens or all persons in a given society; on the assumption that rights are beneficial to the holder, civil rights are justified by ... More


Conflicts of Rights in the European Union: A Theory of Supranational Adjudication

Aida Torres Pérez

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199568710
eISBN:
9780191705571
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568710.001.0001
Subject:
Law, EU Law

This book focuses on the potential for conflict between overlapping constitutional and EU fundamental rights. When constitutional and EU rights overlap and the respective interpretations diverge, ... More


Concluding Remarks

Aida Torres Pérez

in Conflicts of Rights in the European Union: A Theory of Supranational Adjudication

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199568710
eISBN:
9780191705571
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568710.003.0008
Subject:
Law, EU Law

This concluding chapter reflects upon the failed project of a European Constitution and the drafting of a written catalogue of EU rights. If eventually ratified, the Lisbon Treaty would recognize ... More


Fundamental Rights Conflicts in the European Union

Aida Torres Pérez

in Conflicts of Rights in the European Union: A Theory of Supranational Adjudication

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199568710
eISBN:
9780191705571
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568710.003.0002
Subject:
Law, EU Law

This chapter spans on the potential conflicts between constitutional and EU fundamental rights. Conflicts might emerge when constitutional and EU fundamental rights are interpreted differently and ... More


Introduction—Conflicts of Rights in Theoretical and Comparative Perspective

Stijn Smet

in When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony?

Published in print:
2017
Published Online:
August 2017
ISBN:
9780198795957
eISBN:
9780191837135
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198795957.003.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This introductory chapter frames the book’s debate by delineating the extent of persistent reasonable disagreement on both the existence and resolution of human rights conflicts in the context of the ... More


Human Rights in Relation: A Critical Reading of the ECtHR’s Approach to Conflicts of Rights

Samantha Besson

in When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony?

Published in print:
2017
Published Online:
August 2017
ISBN:
9780198795957
eISBN:
9780191837135
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198795957.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

Human rights must sometimes be restricted to further social interests or the rights of others. Yet, we like to think that human rights are not reducible to interests like security and cannot be ... More


Rethinking the Debate on Universalism and Cultural Relativism in the Light of the Culturalization of Human Rights Law

Federico Lenzerini

in The Culturalization of Human Rights Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199664283
eISBN:
9780191748479
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664283.003.0004
Subject:
Law, Human Rights and Immigration, Public International Law

Chapter 4 has the purpose of revisiting the debate on universalism vs. cultural relativism in light of the ongoing practice of culturalization of human rights law. Although the construction of ... More


Conflicts between Human Rights and the ECtHR: Towards a Structured Balancing Test

Stijn Smet

in When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony?

Published in print:
2017
Published Online:
August 2017
ISBN:
9780198795957
eISBN:
9780191837135
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198795957.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter proposes a structured balancing test for the resolution of human rights conflicts. The chapter first critiques the European Court of Human Right’s ad hoc balancing approach to human ... More


To Discriminate in Order to Fight Discrimination: Paradox or Abuse?

Dolores Morondo Taramundi

in When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony?

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. ... More


Evans v. UK: Three Grounds for Ruling Differently

Eva Brems

in When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony?

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 ... More


Conclusion—Conflicting Views on Conflicting Rights

Eva Brems

in When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony?

Published in print:
2017
Published Online:
August 2017
ISBN:
9780198795957
eISBN:
9780191837135
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198795957.003.0013
Subject:
Law, Human Rights and Immigration, Public International Law

These concluding reflections analyse the approaches and stances adopted across the volume and, on that basis, highlight some of the bones of contention in current human rights scholarship on ... More


Law, Dilemmas, and Happy Endings

Lorenzo Zucca

in When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony?

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 ... More


When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony?

Stijn Smet and Eva Brems (eds)

Published in print:
2017
Published Online:
August 2017
ISBN:
9780198795957
eISBN:
9780191837135
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198795957.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This book aims to answer key questions surrounding (purported) conflicts of human rights at the European Court of Human Rights. Some of these questions concern the very existence of human rights ... More


Circumnavigating the Conflict between the Right to Reputation and the Right to Freedom of Expression

Leto Cariolou

in When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony?

Published in print:
2017
Published Online:
August 2017
ISBN:
9780198795957
eISBN:
9780191837135
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198795957.003.0010
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter analyses key features of the purported conflict between the right to free speech and the right to reputation in the context of the case law of the European Court of Human Rights. The ... More


Personhood versus Human Needs as Grounds for Human Rights1

David Miller

in Griffin on Human Rights

Published in print:
2014
Published Online:
October 2014
ISBN:
9780199668731
eISBN:
9780191760990
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199668731.003.0007
Subject:
Philosophy, Moral Philosophy

Although Griffin’s personhood account of human rights and my human needs account are similar in certain respects, this chapter criticizes Griffin for locating human rights within ethical reasoning ... More


R v NS: The in Court and Lessons in Religious Exemptions

Kevin Vallier and Michael Weber

in Religious Exemptions

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190666187
eISBN:
9780190666217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190666187.003.0012
Subject:
Philosophy, Political Philosophy, Moral Philosophy

This article critically evaluates a court decision that rejected a request of a witness donning the Islamic full veil known as the niqab to allow her religious exemption from a rule requiring access ... More


Fernández Martínez v. Spain: An Unclear Intersection of Rights

Javier Martínez-Torrón

in When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony?

Published in print:
2017
Published Online:
August 2017
ISBN:
9780198795957
eISBN:
9780191837135
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198795957.003.0011
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter analyses the European Court of Human Right’s Grand Chamber judgment in Fernández Martínez v. Spain. Although the author agrees with the outcome of the judgment, he does not share part of ... More


Conclusion

S. Matthew Liao

in The Right to Be Loved

Published in print:
2015
Published Online:
November 2015
ISBN:
9780190234836
eISBN:
9780190234850
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190234836.003.0009
Subject:
Philosophy, Moral Philosophy, General

This chapter first considers how the right to be loved should be prioritized. It argues that even if children’s being loved is not as urgent as, for instance, being fed, it is still very urgent; that ... More


The Future

Sarah Conly

in One Child: Do We Have a Right to More?

Published in print:
2016
Published Online:
November 2015
ISBN:
9780190203436
eISBN:
9780190203450
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190203436.003.0005
Subject:
Philosophy, Moral Philosophy, General

Some people think that we don’t really have to worry about things that will affect only people in the distant future. They argue, first, that future people don’t exist yet, so they can’t at present ... More


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