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Netherlands Netherlands Institute for Human Rights (College voor de Rechten van de Mens) 2022 The Netherlands, Netherlands Institute for Human Rights (College voor de Rechten van de Mens) (2022), Opinion number 2022-13, 29 August 2022. Religion Muslims A Muslim woman wearing a headscarf visits a fitness centre for a trial lesson. She wears a headscarf because of her Islamic religious beliefs. The fitness centre employee indicates that it is not allowed to exercise with headscarves, after which the woman leaves the fitness centre. The woman felt discriminated against because of her religious beliefs. She submitted her case to the Netherlands Institute for Human Rights. The fitness centre disputes that the woman was discriminated against and… View more
Poland Appeal Court of Warsaw (Sąd Apelacyjny w Warszawie) 2022 Poland / Court of Appeal of Warsaw / Judgement of 12 January 2022, case no. II AKa 33/21 Nationality Third country nationals The defendant used violence and unlawful threats against a citizen of an Arabic country on the grounds of his national, racial and ethnic origin, by punching him in the face with his fist and threatening him with death while displaying a tattoo containing, inter alia, the image of a swastika, acting in public. The first instance court acquitted the defendant of this charge. The judgement was appealed against by the public prosecutor and the victim's attorney. View more
Romania The National Council for Combating Discrimination (Consiliul Naţional pentru Combaterea Discriminării) 2022 The National Council for Combating Discrimination (Consiliul Naţional pentru Combaterea Discriminării) decision no. 388 from 6 July 2022 Race/Ethnicity, Religion Muslims The case concerns a news article that covers different positions from within the Muslim community from Constanta in regard to a statute of a Kazakh composer that was placed there. The petitioner claims that the way a news article portrays the different opinions from the Muslim community and that fact that it claims the community is worried about this statute is discriminatory and it sows discontent within the local Muslim community. View more
Spain Provincial Court of Madrid, Fifth Section (Audiencia Provincial de Madrid, Sección Quinta) 2022 Spain, Provincial Court of Madrid, Fifth Section (Audiencia Provincial de Madrid, Sección Quinta) Judgment No. 98/2022, Nº of Appeal: 1357/2020 (Sentencia núm. 98/2022, Nº Recurso: 1357/2020), 12 December 2022 (SAP M 18461/2022 - ECLI:ES:APM:2022:18461) Race/Ethnicity, migrant status, religion Muslims The Court has acquitted the leader of Hogar Social Madrid and other members of this far-right collective accused of a crime of incitement to hatred and public disorder for the organization and participation in a protest against radical Islamism in front of the Mosque of the M-30 in Madrid on March 22, 2016, the date on which the terrorist attacks took place at Brussels. In addition to appearing in front of the Mosque, the organization’s members placed a banner with the association’s emblem.… View more
Serbia The Court of Appeal in Belgrade (Apelacioni sud u Beogradu) 2022 Serbia / The Court of Appeal in Belgrade / Kž 978/2022 Nationality Third country nationals The Higher Court in Pančevo (trial court) convicted the defendant of incitement of national, racial, and religious hatred and intolerance and sentenced him to four-month prison term. The trial court found that the defendant, a Kosovo war veteran, was guilty of vandalizing a bakery shop owned by an Albanian, thus inciting hatred among Serbs and Albanians in the local community. The trial court ordered defendant’s treatment in a psychiatric ward and issued a restraining order. The defendant… View more
Serbia The Court of Appeal in Belgrade (Apelacioni sud u Beogradu) 2022 Serbia / The Court of Appeal in Belgrade / Kž 315/2022 Nationality Third country nationals The Higher Court in Valjevo (trial court) acquitted the defendant for continued incitement of national, racial, and religious hatred. The defendant was allegedly calling the Albanian owners of a bakery shop Shiptars, telling them that they could not run a business in Serbia and threatening to deport them to Kosovo and blast their shop. He was deterring the locals from shopping in their bakery. The trial court found that the defendant was not guilty as his actions did not result in severely… View more
Slovakia Specialized Criminal Court (Špecializovaný trestný súd) 2022 Slovakia/Specialized Criminal Court/ 11T/6/2022 ECLI: ECLI:SK:SSPK:2022:9522100174.1 Religion Muslims A case where the accused verbally assaulted the victim because he thought he looked like a Muslim. The accused threatened the victim with violence and also threatened to kill all Muslims. The accused also subsequently punched the victim. According to the Court, the accused committed the offence of making dangerous threats under section 360 (d) of the Criminal Code, with reference to section 140(e) of the Criminal Code (the crime was committed with a specific motive which was the hatred against… View more
Serbia The Misdemeanor Court in Belgrade (Prekršajni sud u Beogradu) 2022 Serbia / The Misdemeanor Court in Belgrade / 114 Pr. 19357/22 Race/Ethnicity Muslims The NGO Youth Initiative for Human Rights (YIHR) filed a complaint with the public prosecutor and misdeamenor court against a group of sport fans for hate speech in violation of the law prohibiting neofascist manifestations. Ahead of a water polo game, the group of sport fans gathered in Belgrade city center and sang “Ratko Mladic is a Serbian hero” thus praising a perpetrator of genocide against Bosnian Muslims. The group moved to the sport hall and held a banner “Shiptars, Croats, and… View more
Slovakia Specialized Criminal Court (Špecializovaný trestný súd) 2022 Slovakia/Specialized Criminal Court/ 6T/6/2022 ECLI:SK:SSPK:2022:9522100142.1 Religion Muslims The case concerns a man who shared and published on Facebook information against Muslims, persons of African origin and migrants to Europe. He threatened with violence to them and expressed incitement to hatred. He did it repeatedly for several times. View more
Sweden Supreme Administrative Court (Högsta förvaltningsrätten) 2022 Sweden / Supreme Administrative Court / Målnummer 4266-21, 4120-21 Religion Muslims In two cases, the Supreme Administrative Court examined whether municipal decisions not to accept headscarves and similar clothing items that have the purpose of concealing students and staff in municipal preschools and primary schools were contrary to legislation or other regulations. A number of municipal inhabitants in each municipality claimed, among other things, that the municipal decisions interfered with the freedom of religion. View more
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