Loi Gayssot
Encyclopedia
The Gayssot Act or Gayssot Law , enacted on July 13, 1990, makes it an offense in France
to question the existence or size of the category of crimes against humanity as defined in the London Charter of 1945
, on the basis of which Nazi leaders were convicted by the International Military Tribunal at Nuremberg
in 1945-46 (art.9). Proposed by the Communist deputy
Jean-Claude Gayssot
, it is one of several European laws prohibiting Holocaust denial
. Its first article states that "any discrimination
founded on membership or non-membership of an ethnic group
, a nation
, a race or a religion
is prohibited." The law also requires the Commission nationale consultative des droits de l'homme
(National Consultative Commission on Human Rights), created in 1947, to publish an annual report on the situation of racism
in France.
was removed from his university chair under the Gayssot Act, he challenged it as a violation of his right to freedom of expression under the International Covenant on Civil and Political Rights
(ICCPR). The Human Rights Committee
upheld the condemnation of Faurisson, but mentioned that the Gayssot Act may be too broad .
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
to question the existence or size of the category of crimes against humanity as defined in the London Charter of 1945
London Charter of the International Military Tribunal
The London Charter of the International Military Tribunal was the decree issued on August 8, 1945, that set down the laws and procedures by which the Nuremberg trials were to be conducted.The charter stipulated that crimes of the European Axis Powers could be tried...
, on the basis of which Nazi leaders were convicted by the International Military Tribunal at Nuremberg
Nuremberg
Nuremberg[p] is a city in the German state of Bavaria, in the administrative region of Middle Franconia. Situated on the Pegnitz river and the Rhine–Main–Danube Canal, it is located about north of Munich and is Franconia's largest city. The population is 505,664...
in 1945-46 (art.9). Proposed by the Communist deputy
French Communist Party
The French Communist Party is a political party in France which advocates the principles of communism.Although its electoral support has declined in recent decades, the PCF retains a large membership, behind only that of the Union for a Popular Movement , and considerable influence in French...
Jean-Claude Gayssot
Jean-Claude Gayssot
Jean-Claude Gayssot is a French politician. A member of the French Communist Party , he was Minister of Transportation in Lionel Jospin 's government, from 1997 to 2002. He gave his name to the 1990 Gayssot Act repressing Holocaust denial and speech in favor of racial discrimination...
, it is one of several European laws prohibiting Holocaust denial
Holocaust denial
Holocaust denial is the act of denying the genocide of Jews in World War II, usually referred to as the Holocaust. The key claims of Holocaust denial are: the German Nazi government had no official policy or intention of exterminating Jews, Nazi authorities did not use extermination camps and gas...
. Its first article states that "any discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
founded on membership or non-membership of an ethnic group
Ethnic group
An ethnic group is a group of people whose members identify with each other, through a common heritage, often consisting of a common language, a common culture and/or an ideology that stresses common ancestry or endogamy...
, a nation
Nation
A nation may refer to a community of people who share a common language, culture, ethnicity, descent, and/or history. In this definition, a nation has no physical borders. However, it can also refer to people who share a common territory and government irrespective of their ethnic make-up...
, a race or a religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
is prohibited." The law also requires the Commission nationale consultative des droits de l'homme
Commission nationale consultative des droits de l'homme
The Commission nationale consultative des droits de l'homme is a French governmental organization created in 1947 by an arrêté from the Foreign Affairs Ministry to control the respect of human rights in the country...
(National Consultative Commission on Human Rights), created in 1947, to publish an annual report on the situation of racism
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
in France.
Legal challenges
After Robert FaurissonRobert Faurisson
Robert Faurisson is a French academic who is a Holocaust denier. Faurisson generated much controversy with a number of articles, published in the Journal of Historical Review and elsewhere, as well as various letters he has sent to French newspapers , which deny various aspects of the Holocaust,...
was removed from his university chair under the Gayssot Act, he challenged it as a violation of his right to freedom of expression under the International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
(ICCPR). The Human Rights Committee
Human Rights Committee
The United Nations Human Rights Committee is a United Nations body of 18 experts that meets three times a year for four-week sessions to consider the five-yearly reports submitted by 162 UN member states on their compliance with the International Covenant on Civil and Political Rights,...
upheld the condemnation of Faurisson, but mentioned that the Gayssot Act may be too broad .
See also
- Historical revisionism (negationism)Historical revisionism (negationism)Historical revisionism is either the legitimate scholastic re-examination of existing knowledge about a historical event, or the illegitimate distortion of the historical record such that certain events appear in a more or less favourable light. For the former, i.e. the academic pursuit, see...
- Robert FaurissonRobert FaurissonRobert Faurisson is a French academic who is a Holocaust denier. Faurisson generated much controversy with a number of articles, published in the Journal of Historical Review and elsewhere, as well as various letters he has sent to French newspapers , which deny various aspects of the Holocaust,...
- Laws against Holocaust denialLaws against Holocaust denialHolocaust denial is illegal in a number of European countries. Many countries also have broader laws that criminalize genocide denial. In addition, the European Union has issued a directive to combat racism and xenophobia, which makes provision for member states criminalising Holocaust denial, with...