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Liberté d'expression et justice transitionnelle : un cercle vertueux ?

Abstract : This contribution submits a reflection on the transformative virtue of freedom of speech in post-conflict situation. The analysis starts with the observation of a contrast between post-conflict contexts ruled by silence and the answer provided by transitional justice directed towards speech. This kind of alternative justice is mobilized after extreme violence’s regimes in order to initiate a transitional process, most of the time towards democracy. After identifying the sources of the obstacles against freedom of speech in those contexts, we will examine in what extent freedom of speech constitutes a key issue in the success of the transitional justice process. This analysis aims to show that there is a virtuous circle between the implementation of transitional justice and freedom of speech: the latter appears sometimes as a guarantee required to the exercise of justice and sometimes as a guarantee strengthened by the exercise of justice. However, if freedom of speech is not sufficiently protected, consequences will not be restricted to the transitional context but will last until risking a “historical wrong ”. More than a fundamental freedom, this contribution considers freedom of speech as a potential conflict resolution method.
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https://halshs.archives-ouvertes.fr/halshs-02573633
Contributor : Véronique Lacroix <>
Submitted on : Thursday, May 14, 2020 - 2:25:30 PM
Last modification on : Wednesday, August 5, 2020 - 3:17:40 AM

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Kelly Picard. Liberté d'expression et justice transitionnelle : un cercle vertueux ?. Constituição, Economia e Desenvolvimento, Academia Brasileira de Direito Constitucional, 2018, 10 (18), pp.72-91. ⟨10.24068/2177.8256.2018.10.18;72.91⟩. ⟨halshs-02573633⟩

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