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Belgium European Court of Human Rights, ECHR 2017 Belgium / 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. The Court noted that in his remarks he had called on viewers to overpower non-Muslims, teach them a lesson and fight them. The Court considered that the remarks in question had a markedly hateful content and… View more
Belgium European Court of Human Rights, ECHR 2017 Belgium / 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. In August 2008, Ms Dakir, presenting herself as a Muslim who had decided on her own initiative to wear the niqab applied to the Conseil d’État (Council of State) for the annulment of the ban. She claimed, among other things, that the provision expressly concerned the Islamic clothing worn by her and… View more
Belgium European Court of Human Rights, ECHR 2017 Belgium / 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
Belgium Court of first instance East-Flanders,department Ghent criminal matters (Rechtbank van eerste aanleg Oost-Vlaanderen,afdeling Gent strafzaken) 2018 Belgium / Court of First Instance of Ghent / Roll number 18G011567 - System number 18RG9098 Race/Ethnicity, Race/Ethnicity, Nationality, Religion Muslims, EU citizens & nationals with migrant background The facts of the case concern a wide range of inappropriate and racist remarks made on social media following the attacks in Istanbul (Turkey) on 1 January 2017. K.A. from Houthalen-Helchteren was killed in those attacks. The defendant, a Belgian national, repeatedly posted messages on the Internet, including on Facebook, targeting Muslims with a migrant background and replied to messages and videos posted by others from 18/09/2014 to 02/06/2017 included.The defendant denies the facts and… View more
Belgium French-speaking Court of First Instance of Brussels,61st penal chambre (Tribunal de première instance francophone de Bruxelles,61e chambre correctionnelle) 2018 Belgium / Court of First Instance of Brussels / Judgment number 2018/6234 - Roll number 18F033246 - System number 16R83630 Religion, Race/Ethnicity Muslims, EU citizens & nationals with migrant background A female pharmacist is asked in a very aggressive tone by a client to give more information about a prescription he had received ten days earlier from one of her colleagues. During her reply, the pharmacist is interreputed by the client who says he does not want to talk to her but to someone else, because “with the thing you wear on your head, you are not a scientist”. The pharmacist wears a veil at work and has never had any problem with other customers or her colleagues. The pharmacist’s… View more
Belgium Court of first instance Antwerp,department Antwerp criminal matters (Rechtbank van eerste aanleg Antwerpen,afdeling Antwerpen strafzaken) 2019 Belgium / Court of First Instance of Antwerp / No number found Race/Ethnicity, Gender, Religion Muslims, EU citizens & nationals with migrant background Guns, illegal weapons, an alarm gun, posters about stopping Islamization and two laptops were found in the defendant’s home. Through Twitter, he proposed ethnic cleansing of people of Moroccan origin. Via Twitter, he repeatedly harrassed UNIA’s director by calling her a rat, public traitor, anti-Semite, and a “Mulsim sucking collaborating whore”, alongside her picture, because he felt that UNIA takes complaints lodged by Muslims serious and others not. The defendant also harrassed a UNIA policy… View more
Belgium Court of First Instance (Rechtbank van eerste aanleg) 2019 Belgium / Court of First Instance Liège / Le Procureur du Roi vs. X Race/Ethnicity Muslims On the occasion of a royal visit to a Muslim family, a couple posted messages on Facebook inciting hatred, including a picture of Hitler saying “put them all in the oven!” View more
Belgium Court of First Instance (Rechtbank van eerste aanleg) 2020 Belgium / Court of First Instance Brussels / De Procureur des Konings bij het parket Halle-Vilvoorde vs. D. J. P. R. Religion Muslims A man posted a message in a Facebook group, asking whether the local mosque might move to another location. The defendant replied the following: "If only, there are more and more of them, we have to burn them down." View more
Belgium Constitutional Court (Grondwettelijk Hof) 2020 Belgium / Constitutional Court / 81/2020 Religion Muslims A Brussels institute for higher education (college) prohibits in its internal regulations, among other things, the wearing of religious signs. Female Muslim students who wish to wear a headscarf initiate legal proceedings and the court formulates a preliminary question tot he Constitutional Court. The students claim that the ban on head scarfs is contrary to the Anti-Discrimination Decree of 12 December 2008. View more
Belgium Court of First Instance (Rechtbank van eerste aanleg) 2020 Belgium / Court of First Instance Kortijk / Openbaar Ministerie en Unia vs. C. J.W. L Nationality Muslims A man manages, under various pseudonyms, several platforms on social media on which discriminatory and stigmatising messages are posted against Jewish people, black people and Muslims. Fake news is also posted about a sheep allegedly tortured and killed near an asylum centre. View more
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