Negationism And Freedom Of Speech
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Negationism And Freedom Of Speech
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Author : Joan Ramon Resina
language : en
Publisher:
Release Date : 2009
Negationism And Freedom Of Speech written by Joan Ramon Resina and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Freedom of speech categories.
Memory And Punishment
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Author : Emanuela Fronza
language : en
Publisher: Springer
Release Date : 2018-02-27
Memory And Punishment written by Emanuela Fronza and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-27 with Law categories.
This book examines the criminalisation of denials of genocide and of other mass atrocities in Europe and discusses the implications of protecting institutional historical memory through criminal law. The analysis highlights the tensions with free speech, investigating the relationship between criminal law and historical memory. The book paves the way for a broader discussion about fake news, ‘post-truth’ scenarios, and free expression in a digital world. The author underscores the need to protect well-founded factual records from the dangers of misinformation. Historical denialism and the related jurisprudence represent a key step in exploring this complex field. The book combines an interdisciplinary approach with criminal law methodology. It is primarily aimed at academics, practitioners and others who wish to deepen their understanding of historical denialism, remembrance laws, ‘speech crimes’ and freedom of expression. Emanuela Fronza is Senior Research Fellow in Criminal Law and Lecturer in International and European Criminal Law at the School of Law, University of Bologna. She is a Principal Investigator within the EU research consortium Memory Laws in European and Comparative Perspectives funded by HERA (Humanities in the European Research Area).
Can Their Free Speech Violate Your Human Rights The Case For Criminalizing Holocaust Denial In Brazil
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Author : Milena Gordon Baker
language : en
Publisher:
Release Date : 2020-08-09
Can Their Free Speech Violate Your Human Rights The Case For Criminalizing Holocaust Denial In Brazil written by Milena Gordon Baker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-09 with categories.
Dr. Milena Gordon Baker analyzes Holocaust denial in Brazil from the perspective posed by intolerance and hate speech, specifically in the context of penal law. Using these concepts and contexts, she investigates which legal approach should be used to confront Holocaust denial and appropriately respond to the core issues raised. Leveraging the perspective of international penal law supported by local legislation, she asks whether Holocaust denial should be criminalized in Brazil, making existing constitutional guarantees effective in order to repudiate racism and actively combat hate speech. "The publication of Milena Gordon Baker's thesis could hardly have come at a better time. By coincidence, at the precise moment when I was reviewing her text, the construction of the Holocaust Monument in the city of Rio de Janeiro had just started. Like other cities in Brazil that boast major Holocaust memorials and museums, my city too is finally fulfilling its promise to raise a worthy monument to the victims. Steps to preserve and pay tribute to the memory of the victims of the unspeakable genocide go hand in hand in many countries--as Dr. Baker demonstrates--with making it a crime to deny the Holocaust. The book you are about to read provides important food for thought on this subject..." --Ellen Gracie Northfleet, Former Brazilian Supreme Court Justice
Freedom Of Speech
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Author : Uladzislau Belavusau
language : en
Publisher: Routledge
Release Date : 2013-10-08
Freedom Of Speech written by Uladzislau Belavusau and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-08 with Law categories.
This book considers the issue of free speech in transitional democracies focusing on the socio-legal developments in the Czech Republic, Hungary, and Poland. In showing how these Central and Eastern European countries have engaged with free speech models imported from the Council of Europe / EU and the USA, the book offers valuable insights into the ways States have responded to challenges associated with transformation from communism to Western democracy. The book first explores freedom of expression in European and American law looking particularly at hate speech, historical revisionism, and pornography. It subsequently enquires into the role and perspectives of those European (mandatory) and US-American (persuasive) models for the constitutional debate in Central and Eastern Europe. The study offers an original interpretation of the "European" model of freedom of expression, beyond the mechanisms of the Council of Europe. It encompasses the relevant aspects of EU law (judgments of the Court of Justice and the harmonised EU instruments) as mandatory standards for courts and legislators, including those in transitional countries of Central and Eastern Europe. The book argues for de-criminalisation of historical revisionism and pornography, and illuminates topics such as genocide denial, the rise of Prague and Budapest as Europe’s porno-capitals, anti-Semitism and anti-Gypsyism, religious obscurantism and homophobia, virulent Islamophobia, and the glorification of terrorism. The research methodology in this study combines a descriptive case law assessment (comparative constitutional, public international, and EU law) with a normative critique stemming from post-structuralist scrutiny, rhetoric, postmodern legal movements, legal history, history of ideas, and art criticism. This book will be of interest to students and scholars of, comparative constitutional law, law and society, human rights and European law as well as political philosophers.
Genocide Denials And The Law
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Author : Ludovic Hennebel
language : en
Publisher: Oxford University Press
Release Date : 2011-02-09
Genocide Denials And The Law written by Ludovic Hennebel and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-09 with Law categories.
In Genocide Denials and the Law, Ludovic Hennebel and Thomas Hochmann offer a thorough study of the relationship between law and genocide denial from the perspectives of specialists from six countries. This controversial topic provokes strong international reactions involving emotion caused by denial along with concerns about freedom of speech. The authors offer an in-depth study of the various legal issues raised by the denial of crimes against humanity, presenting arguments both in favor of and in opposition to prohibition of this expression. They do not adopt a pro or contra position, but include chapters written by proponents and opponents of a legal prohibition on genocide denial. Hennebel and Hochmann fill a void in academic publications by comparatively examining this issue with a collection of original essays. They tackle this diverse topic comprehensively, addressing not only the theoretical and philosophical aspects of denial, but also the specific problems faced by judges who implement anti-denial laws. Genocide Denials and the Law will provoke discussion of many theoretical questions regarding free speech, including the relationship between freedom of expression and truth, hate, memory, and history.
Outlawing Genocide Denial
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Author : Guenter Lewy
language : en
Publisher:
Release Date : 2014
Outlawing Genocide Denial written by Guenter Lewy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with History categories.
"Holocaust denial can be viewed as another form of hatred against Jews and restricting it can be understood as a way of preventing hate speech. Germany has made it a crime punishable by law. Other European countries have adopted similar laws. While the rationales for criminalizing speech seems reasonable, Lewy asks readers to look again and to consider carefully the dangers of doing so. His discussion neither dismisses the ramifications of genocide denial nor justifies it; he instead looks closely at the possible risks of government-enforced interpretations of history. By outlawing genocide denial, governments set a precedent for dictating historical 'truth' and how events should be interpreted. Such government restrictions can be counterproductive in a democratic society that values freedom of speech. Lewy examines these and related ideas through the analysis of historical and current examples."--Publisher's Web site.
Human Dignity And International Law
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Author : Andrea Gattini
language : en
Publisher: BRILL
Release Date : 2020-12-15
Human Dignity And International Law written by Andrea Gattini and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-15 with Law categories.
This book reflects on how the concept of human dignity, a central and classical concept in public international law, is used to protect the rights of particularly vulnerable sectors of contemporary society.
Holocaust And Genocide Denial
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Author : Paul Behrens
language : en
Publisher: Taylor & Francis
Release Date : 2017-05-18
Holocaust And Genocide Denial written by Paul Behrens and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-18 with Law categories.
This book provides a detailed analysis of one of the most prominent and widespread international phenomena to which criminal justice systems has been applied: the expression of revisionist views relating to mass atrocities and the outright denial of their existence. Denial poses challenges to more than one academic discipline: to historians, the gradual disappearance of the generation of eyewitnesses raises the question of how to keep alive the memory of the events, and the fact that negationism is often offered in the guise of historical 'revisionist scholarship' also means that there is need for the identification of parameters which can be applied to the office of the 'genuine' historian. Legal academics and practitioners as well as political scientists are faced with the difficulty of evaluating methods to deal with denial and must in this regard identify the limits of freedom of speech, but also the need to preserve the rights of victims. Beyond that, the question arises whether the law can ever be an effective option for dealing with revisionist statements and the revisionist movement. In this regard, Holocaust and Genocide Denial: A Contextual Perspective breaks new ground: exploring the background of revisionism, the specific methods devised by individual States to counter this phenomenon, and the rationale for their strategies. Bringing together authors whose expertise relates to the history of the Holocaust, genocide studies, international criminal law and social anthropology, the book offers insights into the history of revisionism and its varying contexts, but also provides a thought-provoking engagement with the challenging questions attached to its treatment in law and politics.
Protecting The Right To Freedom Of Expression Under The European Convention On Human Rights
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Author : Bychawska-Siniarska, Dominika
language : en
Publisher: Council of Europe
Release Date : 2017-08-04
Protecting The Right To Freedom Of Expression Under The European Convention On Human Rights written by Bychawska-Siniarska, Dominika and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-04 with Political Science categories.
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Responsibility For Negation Of International Crimes
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Author : Patrycja Grzebyk
language : en
Publisher: Wydawnictwo Instytutu Wymiaru Sprawiedliwości
Release Date :
Responsibility For Negation Of International Crimes written by Patrycja Grzebyk and has been published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości this book supported file pdf, txt, epub, kindle and other format this book has been release on with Political Science categories.
History is no longer the exclusive domain of historians, but is now often used as a tool for politics. It is not without reason that the term “state historical policy” has been coined, which must be a kind of aberration for those who believed that the role of history is to objectively determine the course of events. The fact is, however, that the distortion of historical facts, the concealment of crimes is now part of the “information war”. Therefore, new acts of public international law, EU law and national law are introduced in order to combat public condonation, denial or gross trivialisation of the core international crimes which are certain forms and expressions of racism and xenophobia. States have to determine for themselves how they understand “denial” or “gross trivialization”, which may lead to abuse. In many cases, when introducing criminal law provisions, States wish to decree historical truth, to establish once and for all the general facts and determine who was the victim, and who was the perpetrator. This does not have to be the result of bad will, but of a desire to exclude the possibility of nuance, which could turn into dangerous trivialisation. The aim of this publication is to specify the reasons for holding accountable for denial of international crimes, indicate legal obligations in this respect, look at the Polish case, both in terms of criminal provisions (partly repealed) and standards of a civil law nature, and compare the Polish regulation with the legal systems of other states, which were chosen because of the region (Central and Eastern Europe) or due to having current problems with denial of crimes or doubts about prosecution on this account.