Construction of historical Memory and denialism in contemporary Argentina

Abstract

The article analyzes the phenomenon of denialism and the shapes that these practices assume in the Argentinian case. Conceptualizing the genocide occurred in the period of 1974-1983 as the founding element of a new national culture in sociological and institutional terms, we describe the implications that such speeches cause in contemporary life under the paradigm of rule of law. Next, we reflect upon the penalization of denialist speech in the light of the current proposals of criminal proscription of it. To that end, we make a comparative study of the criminal law experiences developed by different countries. Subsequently, we weigh the tensions between freedom of speech, protection of historical Memory and penalization of denialism through the constitutional and conventional standards of Human Rights which structure the post-dictarioral Argentinian State. Finally, we value the criminalization of denialism as a necessary public policy in order to consolidate historical Memory and to continue the struggle for Memory, Truth and Justice.