Lois Mémorielles et Liberté d’Expression: De la controverse à l’ambiguïté ('Historical Memory Laws' and Freedom of Expression: From Controversy to Ambiguity)

2012 ◽  
Author(s):  
Laurent Pech
Keyword(s):  
Freedom Of Expression ◽  
Historical Memory

The role of freedom of expression in the construction of historical memory

2019 ◽  
Vol 101 (910) ◽  
pp. 173-196
Author(s):  
Germán Parra Gallego
Keyword(s):  
Transitional Justice ◽  
Freedom Of Expression ◽  
Historical Memory ◽  
Case Law ◽  
Armed Conflicts ◽  
High Courts ◽  
The Media ◽  
State Archives ◽  
The Right

AbstractThe construction of historical memory is closely linked to the guarantees provided by the right to freedom of expression. This right ensures that victims and society in general are able to speak about the past, narrate their own stories, and call for and influence social discussion and institutional reform. Mechanisms such as access to State archives, participation in the media, journalistic coverage of armed conflicts and the free flow of stories, artistic endeavours, criticisms and condemnations empower victims and the rest of society in the construction of alternative narratives and independent memories. This article examines case law of the Inter-American System of Human Rights that elaborates on freedom of expression, and considers its importance for the construction of historical memory. It also touches upon some decisions taken by the Colombian high courts, relevant to a context in which mechanisms of transitional justice have recently been implemented.

Sexual Violence and Historical Memory Work: Reflections in Guatemala

2010 ◽  
Author(s):  
Emily Rosser ◽  
Paula Godoy-Paiz ◽  
Tal Nitsan
Keyword(s):  
Sexual Violence ◽  
Historical Memory ◽  
Memory Work

When the State Speaks, What Should It Say?

2012 ◽  
Author(s):  
Corey Brettschneider
Keyword(s):  
Freedom Of Expression ◽  
The State ◽  
Hate Groups ◽  
New Approach ◽  
State Action ◽  
Democratic State ◽  
Theory Of Value ◽  
The Right ◽  
Equal Citizenship ◽  
The Ideal

How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, this book proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action—expressive and coercive—the book contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. The book extends this analysis from freedom of expression to the freedoms of religion and association, and shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.

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