Belgian Holocaust Denial Law - Freedom of Expression

Freedom of Expression

In the past, adversaries of the law have argued that this law restricts the freedom of expression, which is a basic human right. In a decision of 24 June 2003, the European Court of Human Rights (ECtHR) stated that "denying or minimising the Holocaust must be seen as one of the acutest forms of racial slandering and incentives to hatred towards the Jews. The negation or the revision of historical facts of this type call into question the values which found the fight against racism and anti-semitism and is likely to seriously disturb law and order. Attacks against the rights of others of this kind are incompatible with democracy and human rights and their authors incontestably have aims that are prohibited by article 17 of the Convention." The court concludes that in application of article 17 of the ECHR, the plaintiff can't appeal to the protection of article 10 ECHR, insofar that he wants to use the freedom of expression to dispute crimes against humanity.

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