Before offering a critical review of the EU FD 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, this paper will contend that the legal reasoning developed by national courts in “militant democracies” is far from 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”.See the article.
Friday, 21 May 2010
Holocaust Denial Laws in Europe: A Critical Perspective
My colleague Dr Laurent Pech has written a very fine but provocative paper on European Union initiatives aimed at prosecution of holocaust denial. He writes: