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Human rights The path to Strasbourg

Balancing interests When rights clash

When rights clash

Key cases that show how judges decide between clashing rights

This article is relevant to AQA Paper 3b, especially to Q9, but also more generally to OCR Component 3, WJEC A-level Units 3 and 4, and Eduqas Components 2 and 3.

The Human Rights Act 1998 (HRA) requires domestic courts to give effect to rights under the European Convention on Human Rights (ECHR) where possible. If rights clash, judges must balance the competing interests to decide which to give effect to. Common clashes involve celebrities relying on Article 8 (the right to respect for a private and family life) and publishers of material relying on Article 10 (the right to freedom of expression).

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Previous

Breach of contract

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Human rights The path to Strasbourg

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