DEL DERECHO A LA VERDAD AL DEBER DE MEMORIA: A PROPÓSITO DE LA NUEVA LEY DE MEMORIA DEMOCRÁTICA

Abstract

One of the goals of the new spanish memory law, enacted on 5 October 2022, is to fulfil the State's duty to preserve the memory of serious human rights violations. This obligation derives from the collective dimension that the right to truth has. In this paper we deal with the treatment that memory has received in this law, and in the twelve regional memory laws that have been enacted to date. All of them recognise that they are based on the principles of truth, justice, reparation and guarantee of non-repetition, which govern the so-called transitional justice. The question to be resolved is whether a reading of what happened can be derived from this law.. The right of every society to know the history of its oppression must be compatible with a broad interpretation of freedom of speech.