Conflicts of rights in international human rights: A meta-rule analysis

Abstract

AbstractThis study is an analytical account of the phenomenon of conflicts of rights, tailored to the context of international human rights law. It addresses the nature of conflicts of rights, the relationship between conflicts of rights and the extent and scope of the rights catalogue and the methods used to resolve conflicts. It is structured around the notion of a meta-rule. It argues that a conflict of rights can only be resolved ‘legally’ through the application of a rule that guides the decision maker to a solution. The study addresses the suitability and justification of such rules.