Denialism : phenomenology and legal regulation
- Authors
- Publication Date
- Sep 26, 2022
- Source
- HAL-Descartes
- Keywords
- Language
- Italian
- License
- Unknown
- External links
Abstract
The study aims to evaluate the relevance of legal intervention in the regulation of the complex phenomenon of Holocaust denial. The research work opens with a logico-chronological reconstruction of the phenomenon of Holocaust denial, highlighting its evolutionary path from the end of the Second World War to the present day. To this end, it was deemed necessary to distinguish Holocaust denial from two "neighbouring" phenomena: hatespeech, which is already subject to criminal sanctions in the Italian legal system andin most European states, and historical revisionism, which should be considered legal (and protected by the Constitution), insofar as it is characterised by historical research carried out according to a scientific method.An important part of the work is then devoted to identifying the justifications and limits to the freedom of expression that form the backdrop to the discourse on the need to sanction or not sanction Holocaust denial. This discourse is then reconstructed in the light of the European comparative experience and the ECHR in this area, which is attempted to be systematised.In the final chapters, the author makes critical observations on the problematic aspects of the criminalisation of Holocaust denial discourse, both in terms of the legal interest(s) protected and the problematic relationship between historical truth and legal truth.In conclusion, this study has revealed that the ban of Holocaust denial can only be legitimised in cases where it reaches the threshold of incitement to violence. In all other cases, Holocaust denial should fall under the protection of freedom of expression.
