Armenian Genocide v. Holocaust in Strasbourg: Trivialisation in Comparison [blog]

U. Belavusau

Research output: Online publication or Non-textual formOnline publication or WebsitePopular

Abstract

At the end of 2013, the European Court of Human Rights delivered an impressively extensive judgement in the case Perinçek v. Switzerland. The condemnation of a Turkish politician for the denial of Armenian genocide by Swiss courts violated freedom of expression. At first glance, the outcome of Perinçek is a victory for civil rights. Limiting historical discussion by criminal prosecution is clearly an anachronism in the 21st century. However, on a deeper reading, this decision reveals yet another judicial pitfall which substantially undermines its outcome for freedom of speech in Europe. This pitfall stems from a sort of legal hypocrisy embedded in the Court’s distinction between the Holocaust and other mass atrocities of the 20th century.
Original languageEnglish
Place of PublicationBerlin
PublisherVerfassungsblog: On Matters Constitutional
Publication statusPublished - 13 Feb 2014

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