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Published: 10 December 2022
Last updated: 28 January 2023

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1

1966-, Gustafson Carrie, and Juviler Peter H, eds. Religion and human rights: Competing claims? Armonk, N.Y: M.E. Sharpe, 1999.

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Kofele-Kale, Ndiva. Combating economic crimes: Balancing competing rights and interests in prosecuting the crime of illicit enrichment. Abingdon, Oxon [UK]: Routledge, 2012.

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Lécuyer, Yannick. L'européanisation des standards démocratiques. Rennes: Presses universitaires de Rennes, 2011.

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4

Lécuyer, Yannick. L'européanisation des standards démocratiques. Rennes: Presses universitaires de Rennes, 2011.

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5

Gustafson, Carrie, and Peter Juviler. Religion and Human Rights: Competing Claims? Taylor & Francis Group, 2016.

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6

Religion and Human Rights: Competing Claims? Routledge, 2016. http://dx.doi.org/10.4324/9781315502571.

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7

Gustafson, Carrie, and Peter Juviler. Religion and Human Rights: Competing Claims? Taylor & Francis Group, 2016.

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8

Gustafson, Carrie, and Peter Juviler. Religion and Human Rights: Competing Claims? Taylor & Francis Group, 2016.

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9

Institutionalizing Rights and Religion: Competing Supremacies. Cambridge University Press, 2017.

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10

Dagan, Hanoch, and Leora Batnitzky. Institutionalizing Rights and Religion: Competing Supremacies. Cambridge University Press, 2017.

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11

Batnitzky, Leora. Institutionalizing Rights and Religion: Competing Supremacies. Cambridge University Press, 2018.

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12

Dagan, Hanoch, and Leora Batnitzky. Institutionalizing Rights and Religion: Competing Supremacies. Cambridge University Press, 2017.

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13

Religion and Human Rights: Competing Claims? (Columbia University Seminars). M.E. Sharpe, 1998.

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14

(Editor), Carrie Gustafson, and Peter Juviler (Editor), eds. Religion and Human Rights: Competing Claims? (Columbia University Seminar Series). M.E. Sharpe, 1999.

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15

The Choices Program - Brown University Staff. Competing Visions of Human Rights: Questions for U. S. Policy. Choices Program, Brown University, 2016.

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16

The Choices Program - Brown University Staff. Competing Visions of Human Rights: Questions for U. S. Policy. Choices Program, Brown University, 2012.

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17

The Choices Program - Brown University Staff. Competing Visions of Human Rights: Questions for U. S. Policy. Choices Program, Brown University, 2012.

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18

Gormally, Luke. Two Competing Conceptions of Human Dignity. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190675967.003.0010.

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The doctor–patient relationship that is at issue in assisted suicide should be governed by norms of justice, expressed in rights and obligations. An autonomy-based understanding of dignity provides no basis for just regulation of interpersonal relationships and in particular grounds no right to assistance in suicide. An understanding of dignity as intrinsic to human nature does provide a basis for the doctor–patient relationship, as for all interpersonal relationships, and one that is incompatible with accommodating in law the judgment that characteristically underpins requests for assistance in suicide and that purports to justify such assistance, namely the patient’s judgment that his or her life is no longer worth living. The continued prohibition of assistance in intentional killing is one that serves both to protect citizens, including patients, and to preserve the integrity of medical professionals as healers and servants of life.
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19

Fineman, Martha Albertson, and Karen Worthington. What Is Right for Children?: The Competing Paradigms of Religion and Human Rights. Taylor & Francis Group, 2016.

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20

Fineman, Martha Albertson, and Karen Worthington. What Is Right for Children?: The Competing Paradigms of Religion and Human Rights. Taylor & Francis Group, 2016.

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21

Martha, Fineman, and Worthington Karen, eds. What is right for children?: The competing paradigms of religion and human rights. Burlington, VT: Ashgate Pub., 2009.

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22

Fineman, Martha Albertson, and Karen Worthington. What Is Right for Children?: The Competing Paradigms of Religion and Human Rights. Taylor & Francis Group, 2016.

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23

Fineman, Martha Albertson, and Karen Worthington. What Is Right for Children?: The Competing Paradigms of Religion and Human Rights. Taylor & Francis Group, 2016.

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24

The Choices Program - Brown University Staff. Competing Visions of Human Rights: Questions for U. S. Policy-TRB. Choices Program, Brown University, 2012.

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25

Choices Program - Brown University. Competing Visions of Human Rights: Questions for U. S. Policy-AUSTRAILA. Choices Program, Brown University, 2013.

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26

Balancing Competing Human Rights Claims in a Diverse Society: Institutions, Policy, Principles. Irwin Law, Incorporated, 2012.

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27

McCrudden, Christopher. How Should Religions Approach Human Rights? Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198759041.003.0009.

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Chapter 8 suggested that a worthy aim would be to identify strategies that enable a genuine dialogue to take place over the most contested questions in human rights. It suggested that this has important implications for how human rights should be practised by the courts. This chapter addresses the question of whether organized religion is capable of engaging in true dialogue, and what changes in approach by religious actors would help to secure such a dialogue. A key issue is how religions should view the traditions from which they derive so much of their sense of right and wrong. The nature of tradition itself is often in contention. The chapter suggests two competing conceptions of tradition, and suggests that religions should be open to informing their interpretation of their traditions in light of the insights that engagement with human rights thinking can bring.
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28

Jinks, Derek. International Human Rights Law in Time of Armed Conflict. Edited by Andrew Clapham and Paola Gaeta. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199559695.003.0026.

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The Geneva Conventions of 1949 govern automatically warfare as well as international and non-international armed conflicts. The applicability of the ‘law of war’ was previously delimited by formal acts of state such as a declaration of war or a formal ‘recognition of belligerency’, a formalistic approach that was significantly revised by the Geneva Conventions. This chapter examines the relationship between IHL and international human rights law (IHRL). It first discusses the nature of the ‘armed conflict’ inquiry and considers IHL aslex specialisdisplacing or qualifying the application of IHRL. It then outlines three fundamental respects in which thelex specialisclaim misconstrues or distorts IHL: IHL and affirmative authorization, ‘armed conflict’ as determinant of regime boundaries, and reciprocity and humanitarian protection as inducement for compliance. It argues that the very notion of competing legal frameworks is incompatible not only with the text, structure, and history of the Geneva Conventions, but also with the institutional and behavioral foundations of contemporary IHL.
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29

Kofele-Kale, Ndiva. Combating Economic Crimes: Balancing Competing Rights and Interests in Prosecuting the Crime of Illicit Enrichment. Taylor & Francis Group, 2013.

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30

Kofele-Kale, Ndiva. Combating Economic Crimes: Balancing Competing Rights and Interests in Prosecuting the Crime of Illicit Enrichment. Taylor & Francis Group, 2013.

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31

Kofele-Kale, Ndiva. Combating Economic Crimes: Balancing Competing Rights and Interests in Prosecuting the Crime of Illicit Enrichment. Taylor & Francis Group, 2013.

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32

Kofele-Kale, Ndiva. Combating Economic Crimes: Balancing Competing Rights and Interests in Prosecuting the Crime of Illicit Enrichment. Taylor & Francis Group, 2013.

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33

Kofele-Kale, Ndiva. Combating Economic Crimes: Balancing Competing Rights and Interests in Prosecuting the Crime of Illicit Enrichment. Taylor & Francis Group, 2013.

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34

Kofele-Kale, Ndiva. Combating Economic Crimes: Balancing Competing Rights and Interests in Prosecuting the Crime of Illicit Enrichment. Taylor & Francis Group, 2013.

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35

Joris van, Wijk, and Cupido Marjolein. Part V Fairness and Expeditiousness of ICC Proceedings, 43 Testifying behind Bars—Detained ICC Witnesses and Human Rights Protection. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198705161.003.0043.

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This Chapter discusses the competing responsibilities of the ICC and the host State in relation to detained witnesses, with a particular focus on asylum applications. As shown by the example of Congolese witnesses, testimony before the Court can lead to conflicting human rights obligations. The Court is obliged to return detained witnesses to the requested state after they have testified. The ICC and the Netherlands need to respect internationally recognized human rights and protect persons from persecution. Attempts to reconcile these competing obligations have resulted in lengthy proceedings before the ICC and Dutch courts. This Chapter examines the problems that arose in this context, and argues that the threat of more asylum applications could have serious implications for the future functioning of international criminal justice. It explores three possible alternative solutions: anticipatory protective measures, video-link testimony, and rogatory commissions, all of which come with their own complications.
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36

Martha, Jackman, and Porter Bruce. Part V Rights and Freedoms, B Rights and Freedoms under the Charter, Ch.40 Social and Economic Rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190664817.003.0040.

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This chapter examines the status of socio-economic rights in Canada and the competing constitutional visions that confront Canadian courts in this area. The chapter presents the historical context and legislative history of the Canadian Charter as a source of socio-economic rights protection. It describes the Supreme Court’s approach to the Charter in light of Canada’s international human rights obligations and considers sections 7 and 15 with specific reference to the positive versus negative rights debate to which social and economic rights claims have frequently given rise. The chapter discusses recent challenges in two of the most active areas of current socio-economic rights litigation in Canada: housing and health. The chapter concludes by referring to the recommendations of the UN Committee on Economic, Social and Cultural Rights for resolving the opposing paradigms that characterize this important area of constitutional rights.
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37

Okeke, Edward Chukwuemeke. Competing or Conflicting Norms, and Related but Different Doctrine. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190611231.003.0005.

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This chapter addresses competing or conflicting norms, as well as the related but different doctrine of Act of State. It examines the various approaches courts employ in dealing with the very contentious issue of whether human rights and jus cogens norms trump the rule of State immunity. The chapter discusses the nature of the Act of State doctrine, including its jurisprudence, applicability and rationale, and exceptions or limitations. The Act of State doctrine, which is sometimes confused with State immunity, is a matter of justiciability, not jurisdiction. The chapter concludes by discussing an analogy between the rule of State immunity and the Act of State doctrine.
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38

Wacks, Raymond. 3. A legal right. Oxford University Press, 2015. http://dx.doi.org/10.1093/actrade/9780198725947.003.0003.

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Privacy is acknowledged as an essential human right, recognized by a number of international declarations, among which the European Convention on Human Rights and the International Covenant on Civil and Political Rights are the most significant. Interpreting these provisions, the European Court of Human Rights provides important guidance in respect of the attempt to balance privacy against competing rights and interests, and this is briefly discussed. Leading decisions of the courts of various jurisdictions illustrate the problems of definition and the attempt to balance privacy against other competing rights. Cases before the US Supreme Court have generated an enormous, divisive debate concerning, in particular, the subject of abortion, which the Court has conceived to be an element of the right to privacy. A discussion of the celebrated US Supreme Court judgement in Roe v Wade is fundamental to an analysis of the meaning and limits of individual privacy.
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39

Kumm, Mattias. The Turn to Justification. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198713258.003.0015.

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There are three puzzling structural features of global human rights practice. First, the scope of recognized rights is often extremely broad, rather than being more narrowly focused on things fundamental or basic to human existence. Second, many rights may be limited by any laws that meet the proportionality requirement, thereby undermining the idea that rights are trumps or firewalls that have priority over competing policy concerns. And third, the kind of things that can be found on lists in international, regional, or national human rights documents vary considerably between jurisdictions and instruments. This chapter explains how a rights practice that has such a structure can be made sense of within the liberal rights tradition, appealing to the idea that it effectively institutionalizes a general right to justification in a way that is sensitive to relevant differences across different contexts.
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40

Kotzmann, Jane. Conclusion. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190863494.003.0006.

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In this Conclusion, the implications of the research are discussed and the recommendation is made that states that are committed to achieving individual transformation, social betterment and social efficiency via the higher education system should seek to implement a human rights-based approach to higher education. The strategic obstacles to implementation of such an approach are discussed, including the competing nature of rights claims, the lack of familiarity with the idea of human rights being applied to higher education and the likely political resistance to the application of human rights in this area. Finally, the utility and benefits of this research are canvassed.
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41

Brownlee, Kimberley, David Jenkins, and Adam Neal, eds. Being Social. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780198871194.001.0001.

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Abstract Human rights capture what people need to live minimally decent lives. Recognized dimensions of this minimum include physical security, due process, political participation, and freedom of movement, speech, and belief, as well as—more controversially for some—subsistence, shelter, health, education, culture, and community. Far less attention has been paid to the interpersonal, social dimensions of a minimally decent life, including our basic needs for decent human contact and acknowledgement, for interaction and adequate social inclusion, and for relationship, intimacy, and shared ways of living, as well as our competing interests in solitude and associative freedom. This pioneering collection of original essays aims to remedy the neglect of social needs and rights in human rights theory and practice by exploring the social dimensions of the human-rights minimum. The essays subject both enumerated social human rights and proposed social human rights to philosophical scrutiny, and probe the conceptual, normative, and practical implications of taking social human rights seriously. The contributors to this volume demonstrate powerfully how important this undertaking is, despite the thorny theoretical and practical challenges that social rights present.
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42

Tene, Omer. Systematic Government Access to Private-Sector Data in Israel. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190685515.003.0004.

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Israel is a democracy committed to the protection of human rights while at the same time trying to contain uniquely difficult national security concerns. One area where this tension is manifest is government access to communications data. On the one hand, subscriber privacy is a constitutional right protected by legislation and Supreme Court jurisprudence; on the other hand, communications data are a powerful tool in the hands of national security and law enforcement agencies. This chapter examines Israel’s attempt to balance these competing interests by empowering national security agencies while at the same time creating mechanisms of accountability. In particular, Israel utilizes the special independent status of the attorney general as a check on government power.
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43

Imlay, Talbot C. The Stakes of Decolonization, 1945–1960. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199641048.003.0011.

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In examining the efforts of European socialists to forge a common position towards the issue of post-war empires, this chapter highlights some of the political stakes involved in decolonization. As debates between European and Asian socialists suggest, the process of decolonization witnessed a struggle between competing rights: national rights, minority rights, and human (individual) rights. Each set of rights possessed far-reaching political implications, none more so than minority rights, as they were often associated with limits on national sovereignty. These limits could be internal, such as constitutional restraints on the working of majority rule; but they could also take the form of external constraints on sovereignty, including alternatives to the nation state itself. The victory of the nation state, in other words, was inextricably tied to the defeat of minority rights as well as the growing predominance of human rights.
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44

Parpworth, Neil. 4. The legislative supremacy of Parliament. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198810704.003.0004.

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This chapter examines the significance of the principle of the legislative supremacy of Parliament. The discussion covers the traditional view of the principle, as well as a competing view of legislative supremacy of Parliament, referred to as the ‘new’ view or the ‘manner and form’ argument. The chapter also considers the doctrine of implied repeal; the meaning of entrenchment; the Parliament Acts 1911 and 1949; Union legislation; legislative supremacy and the EU; legislative supremacy and devolution; and legislative supremacy and the Human Rights Act.
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45

Aiste, Dumbryte. Part V Fairness and Expeditiousness of ICC Proceedings, 42 The Roads to Freedom—Interim Release in the Practice of the ICC. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198705161.003.0042.

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This Chapter examines whether the ICC has managed to achieve an appropriate balance between two competing values: the accused’s right to liberty and the effective administration of international criminal justice. It analyses the Court’s case-law on interim release, comparing it to the jurisprudence of the ad hoc tribunals and human rights courts. It covers the allocation of burden of proof in interim release cases, as well as the three grounds for interim release provided by the Rome Statute and the Court’s jurisprudence: absence of the risk of flight, interference with the proceedings, and further commission of crimes; unreasonable length of detention; and exceptional humanitarian circumstances. The Chapter points out shortcomings in the current legal framework of the Court and suggests several amendments of the Rome Statute in order to ensure that the accused individuals can effectively challenge their detention.
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46

Taramundi, Dolores Morondo. To Discriminate in Order to Fight Discrimination. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198795957.003.0007.

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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.
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47

Heiner, Prof, Bielefeldt, Ghanea Nazila, Dr, and Wiener Michael, Dr. Part 1 Freedom of Religion or Belief, 1.3.2 Places of Worship. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703983.003.0007.

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This chapter discusses various human rights violations that arise in the context of constructing, owning, accessing, using, protecting, and preserving places of worship or other religious sites. When members of religious communities wish to construct and own places of worship they often face restrictions that are imposed by the State or competing claims by other religious communities. In this context, the conversion of places of worship as well as their confiscation and unfair restitution provisions may lead to further problems for religious communities. Furthermore, access to religious sites and their use is often unduly restricted by the State, impeded in practice by non-State actors, or hampered by religious precepts which discriminate against some people within the same religious or belief community. The chapter also discusses issues of interpretation, including the relationship between international human rights law and international humanitarian law in the context of religious sites, the obligations of various duty-bearers, and sacred sites of indigenous peoples.
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48

Kriangsak, Kittichaisaree. The Obligation to Extradite or Prosecute. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198823292.001.0001.

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Prosecution of perpetrators of serious crimes of international concern before the permanent International Criminal Court, set up in 2002, has been few and far between. Hope thus rests with the implementation of the international legal obligation for States to either extradite such perpetrators to another State able and willing to prosecute them or prosecute the perpetrators themselves or surrender them to be prosecuted by a competent international court. This book is written by the Chairman of the UN International Law Commission's Working Group on the Obligation to Extradite or Prosecute (aut dedere aut judicare). The Commission submitted its Final Report on that topic to the UN General Assembly in 2014, leaving unanswered numerous important issues such as the customary international law status of the said obligation, immunities of State officials from foreign criminal jurisdiction, the exercise of universal jurisdiction, and competing rules of international law regarding the surrender of persons to a competent international court. This book is an authoritative guide to, as well as the unique drafting history of, the International Law Commission's Final Report. In addition, it provides a comprehensive analysis of the subject, including issues not settled by the Commission and proposing practical solutions to the daunting challenges facing international efforts to bring to account perpetrators of serious atrocities that shock humankind. It will be useful to States, law enforcement officers, prosecutors, judges, international lawyers, students of international law, and the civil society entrusted with human rights protection.
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49

Flatto, David C., and Benjamin Porat, eds. Law as Religion, Religion as Law. Cambridge University Press, 2022. http://dx.doi.org/10.1017/9781108760997.

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The conventional approach to law and religion assumes that these are competing domains, which raises questions about the freedom of, and from, religion; alternate commitments of religion and human rights; and respective jurisdictions of civil and religious courts. This volume moves beyond this competitive paradigm to consider law and religion as overlapping and interrelated frameworks that structure the social order, arguing that law and religion share similar properties and have a symbiotic relationship. Moreover, many legal systems exhibit religious characteristics, informing their notions of authority, precedent, rituals and canonical texts, and most religions invoke legal concepts or terminology. The contributors address this blurring of law and religion in the contexts of political theology, secularism, church-state conflicts, and the foundational idea of divine law.
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50

Giladi, Rotem. Jews, Sovereignty, and International Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198857396.001.0001.

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Jews, Sovereignty, and International Law explores Israel’s engagement with international law during the early years of statehood, and the role of ideology in shaping how Ministry of Foreign Affairs legal advisers approached international law at the age of Jewish sovereignty. Drawing on archival sources, the book reveals the patent ambivalence of these jurist-diplomats—Jacob Robinson and Shabtai Rosenne—towards three international law reform projects: the right of petition in the draft Human Rights Covenant; the 1948 Genocide Convention; and the 1951 Refugee Convention. In all cases, Rosenne and Robinson approached international law with disinterest, aversion, and hostility while, nonetheless, investing much time and toil in these post-war reforms. They were ambivalent towards international law precisely because of, not despite, the ‘Jewish aspect’ of the right of petition and the human rights project, the Genocide Convention, and the Refugee Convention. The book demonstrates that, rather than the Middle East conflict, Rosenne and Robinson’s ambivalence towards international law was driven by ideological sensibilities predating Israel’s establishment. Their ambivalence expressed the terms on which pre-state Zionism approached international law: inherent ambivalence confirmed by political experience and fuelled by contestation with competing visions of Jewish emancipation. They approached international law through the prism of the creed of Jewish nationalism, testing it against the yardstick of Zionism’s interpretation of the modern Jewish condition and its prescriptions for resolving the Jewish Question. Jews, Sovereignty, and International Law reconstructs the terms of national Jewish engagements with international law to challenge prevalent assumptions on the cosmopolitan outlook of Jewish scholars and practitioners of international law, offer new vantage points on modern Jewish history, and critique orthodox interpretations of the Jewish aspect of Israel’s foreign policy.
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