The jurisprudence of the European Court of Human Rights illustrates how judges are confronted with history. The article analyses instruments used by the Court in this confrontation: (i) freedom of expression as a tool to expand the freedom to investigate historical facts and events but also to verify and ensure the research’s reliability; (ii) right to respect for private life, as a limitation for research and for the right to access historical documents and archives; (iii) the emerging right to the truth, belonging to (the family of) victims whose fundamental rights were violated; and (iv) when the Court asserts certain historical facts, playing a larger political role than planned or expected.
de Broux, P.-O., & Staes, D. (2018). History Watch by the European Court of Human Rights. In Berber Bevernage & Nico Wouters (ed.), The Palgrave Handbook of State-sponsored History after 1945 (p. p. 101-119). Palgrave Macmillan UK. https://hdl.handle.net/2078.5/229536