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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Cases and rulings

MS Court / Body YEAR CASE REFERENCE HATE BIAS GROUPS KEY FACTS Read more
France Court of cassation (Cour de cassation) 2017 France / Court of cassation / Decision No. 15-87415 ECLI:FR:CCASS:2017:CR00492 Religion Muslims Following the publication, on 1 March 2013, on the site www.bvoltaire. com of a text entitled 'What do we do with Muslims once the Koran has been banned?', the public ministry ordered Mr. View more
Malta Civil Court of Appeal (Inferior) 2017 Malta / Civil Court of Appeal (Inferior) / No. 328/2006 / Norman Lowell v Savior Balzan, Kurt Sansone and Matthew Vella Ethnic origin Muslims, Third country nationals The Court of Civil Appeal heard the appeal filed by Mr Norman Lowell who was suing three journalists working for the national newspaper MaltaToday for libel damages. During the night of the 12th and 13th of May 2006, unknown persons set fire to an independent journalist's residential home after she had written a number of articles against Mr Lowell. On that same night, Mr Lowell was holding a barbecue for his right-wing organization very close to where the arson was committed. View more
Belgium 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
France Court of Justice (Grand Chamber) 2017 CJEU - C-188/15 / Judgement / Asma Bougnaoui v. Micropole SA Religion Muslims The case concerns the Micropole Univers SA's (‘Micropole’) dismissal of Ms Bougnaoui because of her refusal to remove her Islamic headscarf when she was sent on assignment. Ms Bougnaoui considered the dismissal to be discriminatory. View more
Slovakia The Supreme Court of the Slovak Republic (Najvyšší súd Slovenskej Republiky) 2017 Slovakia / Supreme Court of the Slovak Republic Religion Muslims The defendant was accused of making a publicly available video where she publicly threatened a group of persons with death and grave injury or other harm based on their religion. She was also accused of incitement to hatred and public defamation against a group of persons by making extremist materials. View more
Slovakia The Supreme Court of the Slovak Republic (Najvyšší súd Slovenskej Republiky) 2017 Slovakia / Supreme Court of the Slovak Republic Race, Ethnic origin EU citizens & nationals with migrant background The defendant in this case was accused of attacking a French citizen of migrant origin , constituting a criminal offence of damage on health with a specific racially-biased motive. The racial motivation of the attack was also considered by reference to additional evidence - by "liking" the Facebook page of a certain group. The Supreme Court revoked the decision of the lower court for lack of evidence. View more
Austria Supreme Court (Oberster Gerichtshof) 2017 Austria / Supreme Court / 14 Os 9/17f ECLI:AT:OGH0002:2017:0140OS00009.17F.0228.000 Austria: Regional Court (Landesgericht), Ried/20 Hv 33/16k Nationality Refugees & Asylum seekers The case concerns online incitement to hatred and violence. The defendant posted the following on Facebook [roughly translated:] "No sending back. You can open Mauthausen[.] having a little showering or dragging rocks at the death stairs[.] there are some fine things one can do there @ lowlives" and "Negro = target[.] we could shoot them a little with softguns © haha". View more
Latvia Tukums District Court (Tukuma rajona tiesa) 2017 Latvia / Tukums District Court / Case No. 11390001416 Nationality Migrants The defendant posted public calls to violence and threats towards migrants on his Facebook profile. Initially, the defendant called to violence against migrants at a specific address in town. Later he engaged in discussions with other social network users by posting two more comments containing threats and an indication of being prepared to use violence against migrants. View more
Spain Social Courthouse: Palma de Mallorca 2017 Spain / Social Courthouse: Palma de Mallorca / No. 31/2017 Religion, Gender Muslims The social court of Palma de Mallorca ruled against an airline company which had sanctioned several times a female staff member for wearing a hijab, allegedly based on the minor offence of "lack of cleanliness" of the person or uniform and the serious offence of disobeying orders. She was finally fired for wearing the hijab at work. The applicant requested the court to invalidate the sanctions imposed by the company. View more
Finland The District Court of Espoo (Espoon käräjäoikeus / Esbo tingsrätt) 2017 Finland / District Court of Espoo / R 16/249 Ethnic origin Foreigners The victim was attacked by three men while walking on the street in the city of Espoo. These men were unknown to the victim. The men were shouting racist insults at the victim. The victim was targeted because of his dark skin colour. The three men were convicted of assault. View more
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