I Book Review: Conflicts between Fundamental Rights
| Date | 01 June 2012 |
| Published date | 01 June 2012 |
| Author | Matthijs de Blois |
| DOI | 10.1177/016934411203000209 |
| Subject Matter | Part C: DocumentationI Book Review |
Documentation
248 Intersentia
framework falls short of adequately protecting human dignity and health, a nd how
it can be strengt hened. Venkatapuram is particularly critica l of the current lack of
distinction bet ween the lack of a right to something and the actual cause of ill-health and
mortality (for example, a lack of a ‘right to sutures’, as opposed to a ‘lack of sutures’).
He argues that this blurring produces unnecessary and avoidable misunderstandings
and that it undermines the scienti c analysis of causal pathways and distribution of
impairments. He also warns t hat too much emphasis on human rights can potentially
alienate social a nd natural science resea rchers from advancing healt h. Rather than
substitute this ty pe of research, the human rig hts framework should supplement the
multiple dimensions of impair ments and mortality (pp. 180–181).
How exactly the human rig hts framework could be better equipped to deal with
these challenges i s not made clear in the present book (apart from the above-mention
four-partite typology of rights). However, the book contains a serious warning to
health rights spe cialists that the human r ights framework needs to be better equipped
to deal with t he current health chal lenges. It seems that there is an u rgent need for some
serious cross-fertilis ation between the two elds. Yet, while human rights specialists
should inform themselves about the public health perspect ives, the opposite is also
the case: public health specialists a nd epidemiologists should make it clear how the
‘health rig hts’ eld ca n be better equipped to address il l health and mortal ity, and how
it can address the cu rrent challenges posed by the increasing socio-economic hea lth
inequalities.
Brigit Toebes
Lecturer in International Law, Faculty of Law, University of Groningen
Eva Brems (editor), Con icts between Fund amental Rights, Intersent ia, Antwerp
2008, 690 pp.
Without doubt, the most intrigu ing questions in the eld of f undamental (or human)
rights are those related to the solution of con icts between fundamental rights.
Human rights are recognized in a world that is far from harmonious, but full of
tension and con icts. is is only increasingly so where societies become more and
more pluralistic, wh ich means that, only to a limited ex tent, will we be able to speak of
shared values. Para llel to this social development, we see in t he legal eld the growi ng
recognition of the horizontal e ect of fundamental r ights and the proliferat ion
fundamental r ights. ese developments, both highlighted by the editor, Eva Brems,
professor at Ghent University, has as a consequence the likelihood of a collision
between these rig hts.
is impressive volume brings us to t he heart of the erce debate on con icts
between funda mental rights. It is the outcome of an international conference already
some years ago – in 2006 – but t hat does not mean that it is in any sense outdated. e
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