Laws against the Denial of Historical Atrocities: A Human Rights Analysis
This article ventures into the contentious question of whether the denial of historical atrocities is per se removed from the protection of freedom of expression and the related question if states may under international human rights law proactively combat, through criminal legislation (‘memory laws...
| Published in: | Religion and human rights |
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| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Brill, Nijhoff
2014
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| In: |
Religion and human rights
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| Further subjects: | B
denial of historical atrocities
Holocaust denial
hate speech
incitement
freedom of expression
Article 20 iccpr
European Convention on Human Rights
European Court of Human Rights (ECtHR)
abuse of right
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| Online Access: |
Volltext (Verlag) |
| Summary: | This article ventures into the contentious question of whether the denial of historical atrocities is per se removed from the protection of freedom of expression and the related question if states may under international human rights law proactively combat, through criminal legislation (‘memory laws’), such types of extreme speech. In so doing, the article compares and contrasts approaches employed by the un Human Rights Committee that monitors the un International Covenant on Civil and Political Rights with that of the European Court of Human Rights, regional watchdog of the European Convention on Human Rights. It is argued that both approaches are shifting—though not quite in converging directions. The article makes a case for a contextual rather than exclusively content-based approach. An approach in which the question of ‘likelihood of harm being done to the targeted group’ is guiding, best resonates with the necessity principle. |
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| ISSN: | 1871-0328 |
| Contains: | In: Religion and human rights
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| Persistent identifiers: | DOI: 10.1163/18710328-12341266 |