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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


The Right to Life and Conflicting Rights of Others

Elizabeth Wicks

in The Right to Life and Conflicting Interests

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199547395
eISBN:
9780191594373
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199547395.003.0006
Subject:
Law, Human Rights and Immigration, Medical Law

This chapter seeks to identify the limited circumstances in which an innocent human life may be terminated in order to protect the rights of others. It investigates conflicts such as that between ... 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


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


The Right to Life and the International Law Framework Regulating the Use of Armed Drones

Christof Heyns, Dapo Akande, Lawrence Hill-Cawthorne, and Thompson Chengeta

in Human Rights and 21st Century Challenges: Poverty, Conflict, and the Environment

Published in print:
2020
Published Online:
April 2020
ISBN:
9780198824770
eISBN:
9780191863486
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198824770.003.0008
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter provides a holistic examination of the international legal frameworks which regulate targeted killings by drones. It argues that for a particular drone strike to be lawful, it must ... 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


Broken Cisterns

Méadhbh McIvor

in Representing God: Christian Legal Activism in Contemporary England

Published in print:
2020
Published Online:
May 2021
ISBN:
9780691193632
eISBN:
9780691211619
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691193632.003.0004
Subject:
Sociology, Sociology of Religion

This chapter focuses on one aspect of Britain's contemporary legal culture: the rise of rights-based discourse. It argues that by framing their cases as conflicts of rights, the Christian Legal ... 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


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


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


Electronic Communication, Fundamental Rights Conflicts, and Consumer Participation

Iris Benöhr

in EU Consumer Law and Human Rights

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199651979
eISBN:
9780191747885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199651979.003.0006
Subject:
Law, EU Law, Company and Commercial Law

This chapter explores consumer protection in the telecommunications sector, taking a participatory and fundamental rights perspective. An introductory section describes how the EU policy in this area ... More


Conflict and Consent: Does the Theory of Waiver of Fundamental Rights Offer Solutions to Settle Their Conflicts?

Sébastien Van Drooghenbroeck

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/9780198795957.003.0004
Subject:
Law, Human Rights and Immigration, Public International Law

There is an important interaction between the issue of conflicts between human rights and the question of the validity and effects of the waiver of these rights. Based on an analysis of some major ... More


Reversibility, Proportionality, and Conflicting Rights

Ian Leigh

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/9780198795957.003.0012
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter develops a test (the ‘reversibility test’) for resolving clashing rights cases where limitations of Convention rights for the protection of the ‘rights and freedoms of others’ are at ... 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


The Rights of Others

Darren Hudson Hick

in Artistic License: The Philosophical Problems of Copyright and Appropriation

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226460109
eISBN:
9780226460383
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226460383.003.0008
Subject:
Philosophy, Aesthetics

This chapter begins with a dissection of two legal doctrines limiting an author’s copyright: fair use and fair dealing. Where the former is notoriously loose, I argue, the latter is unwieldy (and ... More


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