Cases and rulings

This database section allows to search here for international, European and national case law and rulings as well as decisions by courts, and decisions, reports, findings by human rights or equality bodies and organisations, relating to hate crime and incitement to hate speech, hate crime and discrimination against Muslims.

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Court / Body YEAR CASE REFERENCE HATE BIAS GROUPS KEY FACTS Read more
BelgiumBelgium European Court of Human Rights, ECHR 2017 ECtHR / Application no. 34367/14 / Belkacem v. Belgium Religion Other religious groups, Muslims The case concerned the conviction of Mr Belkacem, the leader and spokesperson of the organisation “Sharia4Belgium”, which was dissolved in 2012, for incitement to discrimination, hatred and violence on account of remarks he made in YouTube videos concerning non-Muslim groups and Sharia. View more
BelgiumBelgium European Court of Human Rights, ECHR 2017 ECtHR / Application no. 4619/12 / Dakir v. Belgium Religion Muslims The case concerned a by-law adopted in June 2008 by three Belgian municipalities (Pepinster, Dison and Verviers) concerning a ban on the wearing in public places of clothing that conceals the face. View more
BelgiumBelgium European Court of Human Rights, ECHR 2017 ECtHR / Application no. 37798/13 / Judgement / Belcacemi and Oussar v. Belgium Religion Muslims The case concerned the ban on the wearing in public of clothing that partly or totally covers the face. Ms Belcacemi and Ms Oussar present themselves as Muslims who have decided on their own initiative to wear the niqab on account of their religious convictions. On 26 July 2011, Ms Belcacemi and Ms Oussar brought actions for the suspension and annulment of the law before the Constitutional Court. Their cases were dismissed by that court. View more
BelgiumBelgium European Court of Justice 2017 CJEU - C‐157/15 / Judgment / Samira Achbita and Centrum voor gelijkheid van kansen en voor racismebestrijding v G4S Secure Solutions NV Religion Muslims The case concerns G4S' dismissal of S.A. because of her refusal to remove her Islamic headscarf. S.A., a Muslim, was employed by G4S at a time when the company had an unwritten rule that prohibited employees from wearing visible signs of their political, philosophical or religious beliefs in the workplace. Several years later G4S approved the rule. After this, Ms Achbita was dismissed because she refused to comply with the rule not to wear the Islamic headscarf at work. View more
BelgiumBelgium Tribunal of First Instance of Brussels (Tribunal de première instance de Bruxelles) 2016 Belgium / Tribunal of First Instance of Brussels Nationality Third country nationals In 2016, the Tribunal of Brussels convicted a person for incitement to hatred and violence based on the victim's nationality. The accused had posted public messages on Facebook containing racist insults towards the Turkish victim and her son and calling for her murder. The Tribunal considered that mere insults do not constitute incitement to hatred; however, in this case, the call for murder demonstrated there was an intent to incite violence. View more
BelgiumBelgium Tribunal of First Instance of Gent(Rechtbank van Eerste Aanleg te Gent), 2016 Belgium / Tribunal of First Instance of Gent Race Third country nationals In 2016, the Tribunal of Gent convicted a person for incitement to hatred. After fighting with a Somalian man, the accused shouted various racist insults such as "dirty black" and "go back to your country" while the Somalian man was describing his account of the event to a policeman. The tribunal considered that the accused clearly had the intent to incite bystanders to violence and hatred towards the victim. View more
BelgiumBelgium Tribunal of First Instance of Brugge (Rechtbank van Eerste Aanleg te Brugge) 2015 Belgium / Tribunal of First Instance of Brugge / BG43.L5.5987-12 -DJ Ethnic origin, Race Migrants In 2015, the Tribunal of Bruges convicted a person for incitement to hatred based on the victim's ethnic origin. The victim, a migrant, was assaulted by two men and racially insulted by a third person. On the basis of the police report of the incident, the Tribunal considered that the accused intended to incite hatred. View more
BelgiumBelgium Tribunal of First Instance of East-Flanders section Gent (Rechtbank van eerste aanleg Oost-Vlanderen afdeling Gent) 2015 Belgium / Tribunal of First Instance of East-Flanders section Gent/ GE56.L2.3657/14/sw3 Religion Muslims In 2015, the Tribunal of Gent convicted a man for harassment and discrimination because he ordered and distributed flyers, the painting of slogans on the road, and the hanging up of posters with discriminatory messages such as "STOP ISLAM", "NO JIHAD IN OUR STREET" and "STOP THE RITUAL HALAL SLAUGHTER = 100% BARBARIC". View more
BelgiumBelgium Court of First Instance of Antwerp (Rechtbank van eerste aanleg van Antwerpen/Tribunal de première instance de Anvers) 2014 Belgium / Court of First Instance of Antwerp / No. AN56.LB.48751-12 Ethnic origin EU citizens & nationals with migrant background The case concerns a suspended punishment for racism and discrimination. A couple had been refused to rent a property by a real estate agency because of their origin (which was evident from their names). According to the couple, this was explicitly mentioned to them by a staff member of the agency. The agency manager denied the accusations. He argued that the apartment was rented to someone else who was on a waiting list. View more
BelgiumBelgium Correctional Court Oudenaarde, (Correctionele Rechtbank te Oudenaarde) 2013 Belgium / Correctional Court Oudenaarde / Public Prosecution v. V. Ismael and T. Francis Frans Francois Ethnic origin Foreigners The case concerns physical violence based on racist motives. Three men, V. Ismael, T. Francis and M.R. Joao were involved in a fist fight. M.R Joao, who is of foreign origin claimed that the other two had inflicted personal injury on him based on racist motives. The victim, M.R. Joao and the Centre for Equal Opportunities and Opposition to Racism were civil parties to the criminal proceedings. View more
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