Chapter 10: Never Again as a cornerstone of the Strasbourg system: the traces of the Holocaust in the jurisprudence of the European Court of Human Rights
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The European system of human rights protection emerged as a remedy for the destruction of the fundamental human values during World War II. Today, seventy years after its establishment, it is worth asking if and how the mighty call for ‘Never Again’ has been reflected in the case law of the European Court of Human Rights. Did the Strasbourg Court indeed come up with mechanisms effectively addressing the challenges posed by Europe’s totalitarian past? How does the memory of the Holocaust still influence the judgments handed down by the Court? It seems such questions are particularly pertinent in present times of dire threats to human rights, during the swelling tidal wave of nationalism and rekindled anti-Semitism and xenophobia. The chapter seeks such answers by looking at the Courts’s jurisprudence in cases that touch upon diverse aspects of the Holocaust’s aftermath and the scope of protection against racist discrimination and hatred.

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