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Belgium Brussels Criminal Court (Tribunal correctionnel Bruxelles) 2021 Belgium / Tribunal correctionnel Bruxelles / Trib.corr.Bxl. , 29-06-2021 Religion Muslims The case concerns a woman who posted and shared multiple hate messages targeting the Muslim community, including calling for the eradication of Islam. View more
Belgium Ghent Court of Appeal (Hof van Beroep Gent) 2021 Belgium / Hof van Beroep Gent / Gand, 24-06-2021 Religion Muslims The case concerns discriminatory rules applied in a municipal pool that forbid the use of swimwear that covers the entire body (burqini). It was brought by a woman who was prevented from using the pool because of her swimwear. View more
Cyprus Commissioner for administration and human rights and NHRI (Ombudsperson) 2021 Cyprus, Commissioner for administration and human rights/Public Statement of the Commissioner for Administration and the Protection of Human Rights regarding the respect for religious freedom and cultural heritage, Ref. AYT. 6/2021 Religion Muslims A self-initiated position paper published by the Ombuds institution, following the vandalism of a mosque in the village of Episkopi. The paper refers to a party held in an Armenian Monastery and the theft of doors at a monastery both in the Turkish-controlled north of Cyprus, describing those incidents as similar to the vandalism of the mosque with anti-turkish slogans. The paper underlines the need to respect religious rights amd strengthen mutual respect for religious traditions and cultural… View more
Cyprus Commissioner for the protection of children's rights 2021 Cyprus/ Commissioner for the protection of children's rights/Public Statement by the Commissioner for the Protection of Children's Rights, regarding the statements of the Government Spokesperson, dated 10/11/2021. Race/Ethnicity Third country nationals After the end of a high-level meeting at the Presidential Palace on immigration, the government spokesperson issued the following official statement: "The most important thing that proves the critical nature of the problem [of immigration] is the data concerning pupils of immigrant background: in pre-primary education the number of such pupils exceeds 30% of the total, while in primary education it amounts to 16%". The Commissioner for the rights of the child issued a public statement… View more
Cyprus Dstrict Court of Nicosia 2021 Cyprus/District Court of Nicosia/Djemil Cufi v Republic of Cyprus, No. 4193/08, 27 January 2021, ECLI:CY:EDLEF:2021:A48. Race/Ethnicity Muslims A Turkish Cyprus submitted an application to Court challenging the refusal of the Republic to permit the sale of her property to a third party. The status of Turkish Cypriots properties in the territory controlled by the Republic is regulated by the institution of the ‘Guardian of Turkish Cypriot properties’, who administers the properties of Turkish Cypriots, seen by the law as ‘abandoned’. The claimant sought an order from the Court enabling her to sell her property without permission from… View more
Czechia Supreme Court (Nejvyšší soud) 2021 Czech Republic / Supreme Court / ECLI:CZ:NS:2021:8.TDO.1246.2020.1 Religion Refugees & asylum seekers <p>The defendant, a member of the Czech Police, was publicly defaming Muslims and publicly inciting hatred towards Islam by publishing defamatory and hateful posts on his personal profile on Facebook and was charged with the offence of defamation of a nation, race, or ethnic or other group of persons and the offence of incitement to hatred against a group of persons or to the restriction of their rights and freedoms.</p> View more
Denmark Supreme Court (Højesteret) 2021 Denmark / Supreme Court / Sag 100/2020 Migrant status Migrants The case concerns whether a group of persons had violated the hate crime paragraph in the Danish Criminal Law (§ 266 b) by distributing hateful statements about migrants and asylum-seekers. Whether "non-Western migrants" and "asylum seekers" could constitute a group under "race, skin color, national or ethnic origin, faith or sexual orientation" was the main question of the case. View more
Cyprus Commissioner for administration and human rights (Ombudsperson) 2021 Cyprus, Commissioner for administration and human rights/Position of the Commissioner for Administration and Human Rights Protection on rhetoric promoting racism and xenophobia and the specific implications of such rhetoric when developed on the internet, File no. Α.Κ.R. 62/2017, Α/P 161/2019, Α/P 557/2019, Α/P 588/2019,
Α/P 1798/2019, Α/P 1803/2019 Α/P 271/2020, Α/P 1252/2020
Nationality Third country nationals The Ombudsperson published a document setting out the framework on hate speech, with reference to a collaboration launched with ODIHR. A number of complaints examined by the Ombudsperson in previous years were set out, mostly dealing with racist comments against third country nationals, mainly asylum seekers and refugees for welfare benefits they are receiving. The paper presented the legal framework of the Council of Europe and ECtHR jurisprudence on hate speech, freedom of expression and its… View more
Denmark Østre Landsret (The Eastern National Court) 2021 Denmark / National Court / Religion Muslims The case concerned whether the accused by a range of circumstances had violated § 266 b of the Danish Criminal Code (commonly known as "the racism paragraph"). The accused were found guilty in violating § 266 b in six of the circumstances. The circumstances was related to a range of statements regarding people from Greenland, Muslims and people living in the so-called "ghettos". The statements were delivered both online and during demonstrations. The case was distinct in the… View more
Bulgaria Administrative Court - Pazardzhik (Административен съд - Пазарджик) 2021 Bulgaria / Administrative Court - Pazardzhik / Decision No 934 of 15 December 2021 on administrative case No 340/2021, ECLI:BG:AD715:2021:20210700340.001 Religion Muslims The case concerns the discrimination of a Muslim prisoner. The applicant, a Muslim serving a prison sentence, had his beard shaved off against his will. The shaving was done for no medical or hygiene reasons, despite the applicant’s verbal refusals, and while he was bound and handcuffed. The applicant claimed that the shaving was an act of discrimination that violated his human dignity and caused him to feel inferior and powerless. Based on the applicant’s complaint, the equality body… View more
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