Browsing by Subject "genocide denial"

The European Convention on Human Rights (ECHR) guarantees everyone’s right to freedom of expression under article 10. Freedom of expression can be restricted if the restriction is prescribed by law, pursues a legitimate aim, and is necessary in a democratic society. The European Court of Human Rights (ECtHR) handles cases concerning article 10 frequently and some of these cases concern hate speech and genocide denial. This thesis seeks to discover how the ECtHR has handled cases relating to the holocaust denial and the denial of the Armenian genocide. This thesis will thus describe and analyse the relevant case law. This thesis will also attempt to uncover if the ECtHR approaches the two genocides in a similar manner, or whether the examination of the relevant cases indicates that a hierarchy of genocides exists in the ECtHR case law. The ECtHR has handled several cases relating to holocaust denial, whereas case law relating to the Armenian genocide is few. In a majority of holocaust denial cases the ECtHR has found no violation of article 10 and many forms of denialistic speech are not protected by the ECHR. In denial cases concerning the Armenian genocide, the ECtHR has found a violation of the applicant’s freedom of expression. Therefore, denialistic speech relating to the Armenian genocide is permitted. An examination of the case law indicates that the holocaust is in an elevated position. The ECtHR recognises the holocaust as a clearly established historical fact, however the Armenian genocide is not recognised as such. Furthermore, article 17 is often applied either directly or as an interpretive tool in the examination of the holocaust case law. The ECtHR has stated in a majority of holocaust denial cases that the application has been manifestly ill-founded or incompatible ratione materiae with the provisions of the ECHR in light of article 17 of the ECHR. Article 17 is not applied customarily in the Armenian genocide denial related case law. Incitement to hatred is presumed in cases of holocaust denial, but the same assumption does not apply in relation to the Armenian genocide. Victims of the holocaust and their right to their dignity are also customarily referenced in the judgments. The ECtHR case law has made it more difficult to apply the same protections to the victims of the Armenian genocide. It therefore seems that there exists a hierarchy of genocides in the ECtHR case law.