Conflicts between Absolute Rights: A Reply to Steven Greer

@inproceedings{Smet2013ConflictsBA,
  title={Conflicts between Absolute Rights: A Reply to Steven Greer},
  author={Stijn De Smet},
  year={2013}
}
Can absolute rights conflict? Is it permissible to torture a person to save others from torture? And what can judges learn from trolleys? In this article, presented as a reply to an article by Steven Greer, I investigate the above questions in the context of the case law of the European Court of Human Rights. Drawing on Gafgen v Germany, I construct a hypothetical case of conflicting absolute rights, which cannot be resolved by the existing strands of legal reasoning in the case law of the… CONTINUE READING