On the Existence and Nature of Conflicts between Human Rights at the European Court of Human Rights

Conflicts between human rights continue to trouble both legal theory and human rights practice. In legal theory, some deny the very existence of conflicts between rights. Kantian theorists, in particular, strive to render rights systems harmonious and devoid of conflict. The thought that human rights might clash with each other has been a cause for occasional pause in human rights practice as well. The European Court of Human Rights, in particular, has at times hinted at the impossibility of human rights conflicts. But more often than not, the Court uncritically accepts the existence of human rights conflicts in its adjudicatory practice. In this context of legal confusion and uncertainty, this article puts forth a theoretical argument on the existence and nature of conflicts between human rights. The article's argument is developed against the analytical backdrop provided by the case law of the Court.