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Scarpari, Giancarlo

Una sentenza pericolosa? : memoria storica e diritto all'oblio

2020 - Franco Angeli

98-103 p.

  • This article surveys the relationship between the right to impart information, sanctioned by article 21 of the Italian constitution («Everyone has the right to freely express their thoughts in speech, writing, or any other form of communication») and the "right to forget", as enshrined in various sentences passed from 1958 onwards. The sentence of the Court of Cassation (summer 2019), places the recalling of historical events at the same level as historiography, thus excluding both from the guarantees foreseen in article 21; as a consequence, the sentence runs the risk of circumscribing the, already difficult, task of the researcher who investigates historical events which are still fresh in the memory and to which the "right to forget" applies. [Publisher's text].

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Passato e presente : rivista di storia contemporanea : 109, 1, 2020