Can absolute rights conflict? Is it permissible to torture a person to save others from torture?
And what can judges learn from trolleys? In this article, presented as a reply to an article by
Steven Greer, I investigate the above questions in the context of the case law of the
European Court of Human Rights. Drawing on Gäfgen v Germany, I construct a hypothetical
case of conflicting absolute rights, which cannot be resolved by the existing strands of legal
reasoning in the case law of the Court. Instead, I argue, recourse must be had to moral …