BIROn - Birkbeck Institutional Research Online

    Anti-totalitarian memory: explaining the presence of ‘Rights Abuse’ clauses in International Human Rights Law

    Cowell, Frederick (2018) Anti-totalitarian memory: explaining the presence of ‘Rights Abuse’ clauses in International Human Rights Law. Birkbeck Law Review 6 (1), pp. 35-61. ISSN 2052-1308.

    [img]
    Preview
    Text
    18381.pdf - Author's Accepted Manuscript

    Download (684kB) | Preview

    Abstract

    Rights abuse clauses are provisions in the European Convention on Human Rights and the International Covenant on Civil and Political Rights which prevent individuals using rights to undermine the rights of others in society. They are most commonly used to restrict the free speech of extremist political groups. This paper argues that they are a reflection of an anti-totalitarian consensus behind both instruments. A critical examination of their history shows that these clauses are the products of a form of collective European memory which seeks to safeguard against a collective heritage of totalitarianism. Their substance seemingly privileges a complex historically contingent form of anti-racism and they can be used to justify seemingly far-reaching restrictions on free speech and freedom of association in order to prevent against totalitarianism. Rights abuse clauses, this paper concludes, are a form of collective juridical memory which has overshadowed the development of human rights law in certain areas.

    Metadata

    Item Type: Article
    School: School of Law
    Depositing User: Frederick Cowell
    Date Deposited: 22 Mar 2017 15:44
    Last Modified: 15 Feb 2021 04:11
    URI: https://eprints.bbk.ac.uk/id/eprint/18381

    Statistics

    Downloads
    Activity Overview
    0Downloads
    0Hits

    Additional statistics are available via IRStats2.

    Archive Staff Only (login required)

    Edit/View Item Edit/View Item