Between Truth and Reconciliation : The ECHR, Memory Laws and the Northern Ireland Troubles Act

The right to truth and memory laws both aim to promote reconciliation, yet often appear to be in tension. This thesis examines the scope and status of the right to truth under the European Convention on Human Rights (ECHR), critically assesses the conceptual and practical challenges posed by memory laws, and applies this framework to the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023. While the right to truth and memory laws have both been explored in academic discourse, particularly regarding the autonomous nature of the right and the legitimacy of memory laws as tools of reconciliation, this thesis highlights how these legal instruments can conflict in practice. The 2023 Act has drawn criticism for its restrictions on information disclosure and its provision of amnesties. By analyzing the Act through the lens of the right to truth and the challenges inherent in memory laws, this thesis illustrates the dilemmas faced by transitional states in balancing truth, justice, and reconciliation.

Publication Details

Journal
KTH Publication Database DiVA (KTH Royal Institute of Technology)
Published
2025-01-01
Primary Topic
Military, Security, and Education Studies
Type
article
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article

Between Truth and Reconciliation : The ECHR, Memory Laws and the Northern Ireland Troubles Act

KTH Publication Database DiVA (KTH Royal Institute of Technology)
Military, Security, and Education Studies
article

Between Truth and Reconciliation : The ECHR, Memory Laws and the Northern Ireland Troubles Act

article en

Abstract

The right to truth and memory laws both aim to promote reconciliation, yet often appear to be in tension. This thesis examines the scope and status of the right to truth under the European Convention on Human Rights (ECHR), critically assesses the conceptual and practical challenges posed by memory laws, and applies this framework to the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023. While the right to truth and memory laws have both been explored in academic discourse, particularly regarding the autonomous nature of the right and the legitimacy of memory laws as tools of reconciliation, this thesis highlights how these legal instruments can conflict in practice. The 2023 Act has drawn criticism for its restrictions on information disclosure and its provision of amnesties. By analyzing the Act through the lens of the right to truth and the challenges inherent in memory laws, this thesis illustrates the dilemmas faced by transitional states in balancing truth, justice, and reconciliation.

KTH Publication Database DiVA (KTH Royal Institute of Technology)
Peace, Justice and strong institutions
Openalex Percentile: Top 39%
Military, Security, and Education Studies
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Between Truth and Reconciliation : The ECHR, Memory Laws and the Northern Ireland Troubles Act · KTH Publication Database DiVA (KTH Royal Institute of Technology) (2025) | TGRS Research Map | TGRS