Human Rights and Criminalization Holocaust Denial: Conflict or Compatibility?

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Abstract

In criminalizing Holocaust Denial, as a kind of limitation on Freedom of Expression, always there is a question: is this attitude towards denying a historical fact in accordance with the human rights standards? Freedom of Expression has a fundamental role in democratic countries. It is also effective in benefiting from other human rights. When we take into account the population structure, culture, history and civilization of countries, we understand that social changes have a principal role in shaping social needs and these social changes and needs have a strong effect in legislation. Criminalization of Holocaust Denial in some societies is based upon legitimate aims, such as protection of others' rights, public order, security and responsibility to protect against genocide. Meanwhile we believe that Criminalization of Holocaust Denial is not always based on the aforementioned legitimate goals and in fact it is affected by political factors.

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