Laws Against the Denial of Historical Atrocities: A Human Rights Analysis

9(2-3) Religion & Human Rights (2014), 151-180

27 Pages Posted: 10 Jan 2016

See all articles by Jeroen Temperman

Jeroen Temperman

Erasmus School of Law, Erasmus University Rotterdam

Date Written: 2014

Abstract

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.

Keywords: 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, abuse of right

Suggested Citation

Temperman, Jeroen, Laws Against the Denial of Historical Atrocities: A Human Rights Analysis (2014). 9(2-3) Religion & Human Rights (2014), 151-180, Available at SSRN: https://ssrn.com/abstract=2712706

Jeroen Temperman (Contact Author)

Erasmus School of Law, Erasmus University Rotterdam ( email )

3000 DR Rotterdam
Netherlands

HOME PAGE: http://ridms.nl/temperman/

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