MEMORY LAWS & FREEDOM OF SPEECH IN EUROPE: ANALYSIS OF PERİNÇEK V. SWITZERLAND CASE

Number: 30 October 1, 2014
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MEMORY LAWS & FREEDOM OF SPEECH IN EUROPE: ANALYSIS OF PERİNÇEK V. SWITZERLAND CASE

Abstract

This paper asks whether the current trend of the adoption of newmemory laws in Europe is compatible with the existing international,regional and national human rights norms on the freedom of expression.The paper will also try to find answers for the following sub-questions: i)What is the current situation in terms of memory laws in the leading EUstates, namely Germany, France and Spain? What are the striking pointsof the relevant decisions of the Constitutional Courts in these countries?ii) Should there be a joint combat against negationism in Europe? Is theFramework Decision successful, so far, to meet the expectations in thisregard? iii) How do the Human Rights Committee (HRC) and theEuropean Court of Human Rights (ECtHR) approach to the balance thepenalization of negationism and the protection of freedom of speech? Isthere any evolution in their methods? iv) Context-based or content-basedlimitations, which one should be invoked on the issue of negationism? v)Did the Perinçek judgment bring any novelty for the ECtHRjurisprudence? This research presents a theoretical legal study aiming toanalyze the current trend of the criminalization of the negationism inEurope in the light of the relevant international, regional and nationalprovisions. Due to its limited scope, the research will only cover the antinegationist laws in Europe. In this regard, among several internationaland regional bodies, the HRC and the ECtHR are at the hearth of theanalysis since both of them have a binding power on all Europeancountries with regard to the freedom of expression

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Primary Language

English

Subjects

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Journal Section

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Publication Date

October 1, 2014

Submission Date

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Acceptance Date

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Published in Issue

Year 2014 Number: 30

APA
MEMORY LAWS & FREEDOM OF SPEECH IN EUROPE: ANALYSIS OF PERİNÇEK V. SWITZERLAND CASE. (2014). Review of Armenian Studies, 30, 133-186. https://izlik.org/JA84TF44RS
AMA
1.MEMORY LAWS & FREEDOM OF SPEECH IN EUROPE: ANALYSIS OF PERİNÇEK V. SWITZERLAND CASE. RAS. 2014;(30):133-186. https://izlik.org/JA84TF44RS
Chicago
“MEMORY LAWS & FREEDOM OF SPEECH IN EUROPE: ANALYSIS OF PERİNÇEK V. SWITZERLAND CASE”. 2014. Review of Armenian Studies, nos. 30: 133-86. https://izlik.org/JA84TF44RS.
EndNote
(October 1, 2014) MEMORY LAWS & FREEDOM OF SPEECH IN EUROPE: ANALYSIS OF PERİNÇEK V. SWITZERLAND CASE. Review of Armenian Studies 30 133–186.
IEEE
[1]“MEMORY LAWS & FREEDOM OF SPEECH IN EUROPE: ANALYSIS OF PERİNÇEK V. SWITZERLAND CASE”, RAS, no. 30, pp. 133–186, Oct. 2014, [Online]. Available: https://izlik.org/JA84TF44RS
ISNAD
“MEMORY LAWS & FREEDOM OF SPEECH IN EUROPE: ANALYSIS OF PERİNÇEK V. SWITZERLAND CASE”. Review of Armenian Studies. 30 (October 1, 2014): 133-186. https://izlik.org/JA84TF44RS.
JAMA
1.MEMORY LAWS & FREEDOM OF SPEECH IN EUROPE: ANALYSIS OF PERİNÇEK V. SWITZERLAND CASE. RAS. 2014;:133–186.
MLA
“MEMORY LAWS & FREEDOM OF SPEECH IN EUROPE: ANALYSIS OF PERİNÇEK V. SWITZERLAND CASE”. Review of Armenian Studies, no. 30, Oct. 2014, pp. 133-86, https://izlik.org/JA84TF44RS.
Vancouver
1.MEMORY LAWS & FREEDOM OF SPEECH IN EUROPE: ANALYSIS OF PERİNÇEK V. SWITZERLAND CASE. RAS [Internet]. 2014 Oct. 1;(30):133-86. Available from: https://izlik.org/JA84TF44RS