ABSTRACT

Taking the special normative force of human rights seriously requires the development of a distinct framework to tackle conflicts between them. Or so I have argued in the previous chapter. But when do human rights genuinely conflict with one another? The question and its answer are crucial, since the framework I develop throughout this book is specifically designed to only tackle genuine conflicts between human rights. ‘Traditional’ human rights cases, conversely, should be resolved through the ‘priority-to-rights’ model of the proportionality test; or another test that takes the special normative force of human rights seriously.1 That is, at least, one of the core arguments of this book.