In Spain, the attitude to human rights has been at the forefront of political debate about the country’s relation to the world and to its own past. Spain embraced an extensive law of universal jurisdiction for war crimes wherever committed. At the same time, attempts by victims of the Franco-era repression in Spain to obtain redress have been dramatically thwarted. Instead, a law of historical memory was established to enable a process of truth-telling about the horrors of the Franco period. This disjunction between Spain’s commitment to universal jurisdiction overseas and its reluctance to open its own past wounds raises interesting questions about the role of law in the politics of reconciliation, and about the possibility of justice without redress. In this paper, I consider these questions, while arguing for a more critical attitude to human rights as a means of confronting the past, or indeed as a means of conceptualising historical atrocity.
Author of the seminar: Barry Collins teaches Law and Society, Human Rights, Employment Law and Tort law at the University of East London. His main interest is in the field of legal theory, particularly as it relates tothemes of nationalism, constitutionalism and conflict resolution.