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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AustriaAustria Vienna Court of Appeal (Oberlandesgericht Wien) 2018 Austria / Higher Regional Court Vienna / 18 Bs 339/18m Religion, Migrant status Muslims, Refugees & Asylum seekers A women posted several statements her two Facebook profiles over a two-month period: She called refugees "human garbage" as well "deranged, criminal, escaped murderers". She called Muslims "human shit " and commented that "these children are programmed to hate from an early age on. To kill. Muslims can do nothing else. View more
AustriaAustria Vienna Court of Appeal (Oberlandesgericht Wien) 2017 Austria / Higher Regional Court Vienna / 17 Bs 295/17g Religion Muslims A person shared a photo on Facebook featuring a piglet ready to be eaten with the following text in the style of a Christian prayer: "Dear Allah, be our guest, and bless the pig that you have given us. Enjoy it with dumplings and kraut, and do not forget the crisp skin. And add a wheat beer, then the Muslim is upset!" The user also added the comment: "Thank you God, for what you have brought to us!" View more
AustriaAustria Supreme Court (Oberster Gerichtshof) 2018 Austria / Supreme Court / 15Os33/18v ECLI:AT:OGH0002:2018:RS0132087 Religion, Migrant status Muslims, Refugees & Asylum seekers The case concerns online incitement to hatred and violence. From March to July 2016, H. F. posted several statements against persons seeking international protection and persons who follow the Islamic faith on Facebook. These comments included prejudice, slander and verbal abuse and were visible for at least 1.094 Facebook users. View more
AustriaAustria Supreme Court (Oberster Gerichtshof) 2017 Austria / Supreme Court / 15Os129/17k (15Os130/17g) / ECLI:AT:OGH0002:2017:RS0131770 Religion Muslims The case concerns online incitement to hatred and violence. In 2016, C. K. posted a publicly accessible picture on Facebook showing a flock of sheep and several dark-skinned people. The picture was headlined "Swinger-Club for Muslims" and the subtitle was "A new point of contact for this perverse sodomy Islamist rabble". The Regional Court convicted C. K. for incitement to hatred. View more
AustriaAustria European Court of Human Rights 2019 Austria / European Court of Human Rights / E.S. v. Austria (Application no. 38450/12) Religion Muslims E.S. held several seminars entitled “Basic Information on Islam” at the right-wing Freedom Party Education Institute. Several statements she had made during these (public) seminars had been directed against the doctrines of Islam, which essentially conveyed the message that Muhammad had had paedophilic tendencies. She was convicted of disparaging religious doctrines, pursuant to § 188 of the Criminal Code. View more
BelgiumBelgium 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
BelgiumBelgium 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. View more
BelgiumBelgium 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. View more
BelgiumBelgium European Court of Justice 2017 Belgium / 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
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