Conflicts between rights are a well-known challenge. Scholarly and public attention focuses almost exclusively on high-profile cases litigated in court. However, most rights disputes are initially handled by human rights agencies. While many of these agencies were initially established with the central purpose of protecting rights to equal treatment and non-discrimination, they often now are required to protect all rights, including freedom rights. In this context, when agencies address cases or law-reform proposals, they face the challenge of integrating rights to equal treatment with rights to freedom of speech, association and religion, in line with the principle that there should be no hierarchy between these types of rights.
This project aims to improve the functioning of human rights agencies in the balancing of rights. An international team of highly qualified expert researchers will (1) analyse how such agencies address conflicts between competing rights claims; (2) assess the appropriateness of the (a) legal and policy frameworks, (b) internal policies and practices, and (c) external accountability mechanisms under which the agencies operate; (3) develop best practice benchmarks and implementation guidelines for agencies to maintain procedural fairness and adequately protect freedom rights and equality rights; (4) publish the outcomes of the research to encourage reform; and (5) promote implementation of best practices among human rights agencies through collaborative engagement with agencies and stakeholders engaged in rights conflicts.
The project is urgently needed due to the powers and impact of human rights agencies, the immense challenges they face when balancing rights, and frequent criticism that they fail to protect freedom rights and equality rights in a manner that is appropriately even-handed. These alleged failings reverberate also in the judicial process, giving rise to significant litigation of enormous political impact.
