System And Hierarchy Of Human Rights: Collision Between Freedom Of Religion And Other Human Rights In The Inter-American System [before doctoral defense]

Kivonat, rövid leírás

Whether certain human rights take precedence over others is not merely an abstract dilemma: courts and international bodies confront this question each time two formally equal rights lead to incompatible obligations. While the 1993 Vienna World Conference proclaimed human rights as indivisible, interdependent, and interrelated, the practical resolution of rights conflicts inevitably reveals implicit hierarchies within normative systems. The philosophical foundation for understanding these hierarchies can be traced from Fichte’s transcendental framework and Kant’s moral autonomy through Hegel’s dialectical integration of rights with social institutions, to contemporary scholars such as Wuerffel, Koji, and Klein, who have explored how hierarchical organization manifests in international law. Freedom of religion provides a particularly revealing lens for examining these hierarchies. As a right intersecting individual identity with collective social practices, it frequently clashes with non-discrimination, equality, and freedom of expression. These tensions reveal underlying assumptions about the relative importance of different rights and provide insights into how legal systems prioritize competing claims, exposing the mechanisms, often implicit, through which normative orders handle conflict.