We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
International Human Rights Law, Reparatory Justice and the Re-Ordering of Memory in Central and Eastern Europe.
- Authors
Pogány, István
- Abstract
Focusing on two complaints submitted to the United Nations Human Rights Committee, by former property owners in the Czech Republic, this article reviews measures of reparatory justice that have been introduced in Central and Eastern Europe since 1990. The article argues that, in rejecting claims of discriminatory treatment by ethnic Germans denied property restitution in the Czech Republic, the HRC has shown a lack of both historical and moral judgment, as well as a failure to give reasons for its decisions. The article suggests that one of the functions of national and international human rights law is to establish sites of historical memory, as suggested by Patrick Macklem. However, law’s ‘memorial sites’ must acknowledge the moral ambiguities that characterise historical experiences such as the post-war resettlement of millions of Germans from parts of Central and Eastern Europe.
- Subjects
CZECH Republic; CENTRAL Europe; EASTERN Europe; UNITED Nations. Human Rights Committee; RESTITUTION &; indemnification claims (1933- ); HUMAN rights; MACKLEM, Patrick; GERMANS
- Publication
Human Rights Law Review, 2010, Vol 10, Issue 3, p397
- ISSN
1461-7781
- Publication type
Article
- DOI
10.1093/hrlr/ngq027