undefined | Better HN

0 pointsM2Ys4U7y ago0 comments

Both the right to freedom of expression and the right to a private and family life are human rights.

You can't err on the side of both of them, so what do you do? You have to balance them, which is something that the European courts have been doing for a long time now.

0 comments

Tomte7y ago

Exactly. America does "1A trumps everything", while Germany does "practical concordance" where it recognizes that basic rights are in a complicated relationship affecting each other, and where courts should interpret basic rights in such a way that a global maximum is reached where all those rights retain as much of their meaning and content as possible.

I think the French do the same (and have even taken the term "practical concordance"), but I'm not really sure.

M2Ys4UOP7y ago

I would be _very_ surprised if there was much difference between approaches, given that they're both members of the Council of Europe (and thus the European Court of Human Rights)

j / k navigate · click thread line to collapse