The ECtHR judgment on the Armenian Genocide: Freedom of expression vs. victims’ right to memory

• Published in: Journal of comparative research in anthropology and sociology Vol. 15; no. 2/2024; pp. 23 - 57
• Main Author: Cheptene, Veronica
• Format: Journal Article
• Language: English
• Published: 12.12.2024
• ISSN: 2068-0317; 2068-0317
• DOI: 10.62229/cmp2_24/2

The article analyzes the European Court of Human Rights (ECtHR) judgment in Perinçek v. Switzerland, addressing the conflict between freedom of expression and the victims’ right to memory, particularly in the context of the Armenian Genocide. The scope of the research is to explore how the ECtHR interprets freedom of speech in cases involving historical denialism and to assess the Court’s application of human rights principles in genocide-related matters. The primary objective is to evaluate the Court’s decision in balancing these rights and to highlight the implications of allowing the denial of the Armenian Genocide as protected speech under Article 10 of the European Convention on Human Rights. The research problem lies in the Court’s inconsistent approach to historical atrocities, wherein Holocaust denial is treated as hate speech while Armenian Genocide denial is protected as free expression. The academic value of the paper lies in its interdisciplinary approach, blending legal analysis with sociological insights, to critique the ECtHR’s judgment and its broader impact on international human rights law. The paper contributes to discussions on the role of memory in transitional justice and the ethical responsibility of international courts to protect historically marginalized communities. Ultimately, the article underscores the need for a more consistent legal framework to address genocide denial, ensuring both freedom of expression and the protection of victims’ rights are appropriately balanced.