készíti: Gellért Ádám
email/elérhetőség: gadam107@yahoo.com

“The only necessary for "evil" to triumph is for a few good men to do nothing”

2010. május 24., hétfő

A holokauszt- és más tömeggyilkosságok tagadása elleni (egységes) fellépés Európában?

Érdekes olvasmány Laurent Pech cikke a The Law of Holocaust Denial in Europe: Towards a (qualified) EU-wide Criminal Prohibition:

„Before offering a critical review of the EU Framework Decision on racism and arguing that the political necessity of laws punishing genocide denial and the legal need for an EU-wide prohibition may be seriously questioned, it is essential to first review why and to what extent national approaches on the question of Holocaust denial have diverged. This review will help determine the national model(s) the drafters of EU FD on racism sought to emulate. It will also prove, on the one hand, that scholars were not entirely right to oppose an American approach to a European model as regards hate speech – if one agrees to include Holocaust denial in this category – and, on the other hand, that even among EU countries with criminal provisions aimed at punishing Holocaust denial, these provisions have been diversely drafted and interpreted. What is striking, however, is that national courts, in militant democracies, with the exception of the Constitutional Court of Spain in a 2007 judgment, have invariably upheld the compatibility of Holocaust denial laws with the right to freedom of expression. This paper will argue that the legal reasoning developed by German and French courts is far from being entirely convincing and that the European Court of Human Rights should have refrained from labeling the Holocaust a clearly established historical fact whose denial constitutes ipso facto an ’abuse of right’.”

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