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Germany Higher Labour Court of Baden-Württemberg (Landesarbeitsgericht Baden-Württemberg) 2019 Germany / Higher Labour Court of Baden-Württemberg (Landesarbeitsgericht Baden-Württemberg) / 17 Sa 3/19 / ECLI:DE:LAGBW:2019:1205.17SA3.19.00 Religion Muslims The plaintiff took legal action against an extraordinary termination of his employment contract due to messages he had sent to a colleague of Turkish origin and Muslim faith. These messages included, among others, an image file shwoing a mosque under the heading "In Bavaria a mosque has been opened, and during the first prayer some Bavarians infiltrated and fired shots into the air. I am sending you this recording so you hear how the preacher has changed his prayer…", added by an… View more
France Public Defender of Rights 2019 France / Public Defender of rights/n°2019-148 Religion Muslims Public hospitals provide inpatients in their care facilities with meals for the duration of their stay. 'Y' hospitals allow patients who wish to do so to receive substitute pork-free, alcohol-free, vegetarian, or kosher meals, the distribution for which a public contract has been concluded. However, it was brought to the attention of the Public Defender of Rights that Y does not offer its patients the opportunity to request halal meals. Mr. X, considering that the lack of distribution… View more
Denmark National Court/ The Court of the Faroe Islands (Retten på Færøerne) 2019 Denmark / The Court of the Faroe Islands Religion Muslims The case concerns hate speech. The defendant was indicted for having made the following statements at a public café in the Faroe Islands: "I hate all Muslims, you are shitty people, who only want to exploit Denmark, you should all be thrown out of the country, Muslims are responsible for all crime in Denmark and Sweden", "I kill all Muslims, I beat you to death, Muslims should be exterminated", "I hate Muslims and if you say something I will smash you", "You… View more
Denmark National Court (Retten i Svendborg) 2019 Denmark /The District Court of Svendborg Religion Muslims The case concerns hate speech. The defendant was indicted for having made the following public facebook post during a longer period: "Now Denmark wants a wild boar fence against African swine fever?? What about Muslims Plague?" "Now Denmark is stuck with hundreds of 'refugees', criminals and individuels of other questionable skincolour/origin." "By the way Muslims are NOT a race (they always invoke the RACISM-card) but a they are a kind of rats”, ”Fuck all… View more
Denmark National Court (Retten i Roskilde) 2019 Denmark / The District Court of Roskilde Religion Muslims The defendant wrote a public post on Facebook. The defendant wrote: "It is Allah who gives them problems, they have bred like hell to be enough to carry out jihad against us. Muslims should only be helped with condoms, birth control pills, sterilization, etc. ” View more
Greece Greek Council of State 2019 Greece / Council of State/Decisions Nos. 1759-1760/2019 of the Plenary Religion Other religious groups Through Decisions nos. 1759-1760 / 2019 the Plenary of the Council of State repealed Nos. 92091 / D2 / 5.6.2018 (B '2087) and 92094 / D2 / 5.6.2018 (B' 2089) Decisions of the Minister of Education, insofar as they provided for students' religion to be included on high school diplomas, transcripts and certificates. The mandatory or optional inclusion of religion in the documents was considered to constitute a violation of Article 13 of the Hellenic Constitution (religious freedom… View more
Greece Ombudsman 2019 Greece / Greek Ombudsman/case 264690 Religion Muslims The head of a nursing unit at a public hospital refused to permit a student of the Muslim faith to carry out her internship at the hospital while wearing a veil. The Ombudsman requested that the hospital’s administration set out a specific and full justification, in compliance with the relevant provisions of Law 4443/2016 on the grounds for that decision. The hospital cited this was done on the grounds of public health, since the student’s practical exercise would be carried out in the internal… View more
Finland Helsinki Court of Appeal (Helsingin hovioikeus/Helsingfors hovrätt) 2019 Finland / Helsinki Court of Appeal / 19/147289, R19/1258
A copy of the decision can be requested from the registry of the Helsinki Court of Appeal.
Race/Ethnicity, Religion Muslims The defendant (A) had quoted on his Twitter account statements which the Supreme Court had found defamatory in a case where a Finnish MP had been convicted of incitement to hatred and breach of the sanctity of religion (KKO:2012:58). The MP had described Islam as “a paedophile religion” and had held that “theft and leading a parasitic life by living off welfare is a national and maybe even genetic characteristic of Somalis”. The defendant A claimed that by quoting the statements on Twitter he… View more
Finland Helsinki Court of Appeal (Helsingin hovioikeus/Helsingfors hovrätt) 2019 Finland / Helsinki Court of Appeal / 19/141114, R18/2249
A copy of the decision can be requested from the registry of the Helsinki Court of Appeal.
Migrant status, Religion Muslims The defendant (A) had posted several comments in various anti-immigrant, open Facebook groups. He used pejorative language when referring to migrants, asylum seekers, refugees and Muslims and, for example, accused migrants of mass rape and assault. The defendant claimed he was politically active and had wanted to take part in public debate on migration. The court found that the comments were threatening, defaming and insulting and constituted incitement to hatred. View more
Finland District Court of Oulu (Oulun käräjäoikeus/Uleåborgs tingsrätt) 2019 Finland / District Court of Oulu / 19/143966, R19/1104
A copy of the decision can be requested from the registry of the District Court of Oulu.
Race/Ethnicity, Religion Muslims The defendant, Mr Tynkkynen, was leader of the Finns Party Youth and member of the city council. He had posted on his Facebook page an article with the title “Terrorism does not know religion. Except for Islam”. Tynkkynen wrote, for example, that to say that there is no link between terrorism and Islam is just an “empty claim”, and that Islam was “responsible for continuous killings around the world”. Attached to the text were photos of men, who were allegedly responsible for various terrorist… View more
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