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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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
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 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 Court of Appeal Gent (Hof van Beroep te Gent) 2013 Belgium / Court of Appeal Gent / City and Centre for Equal Opportunities and Opposition to Racism v. V.D.V. Marc Frans Gustaaf Ethnic origin Foreigners, Migrants The case concerns incitement to hatred and discrimination. In 2005, the local magazine of a political party in Sint-Niklaas published an article in which it accused young persons of foreign origin of desecrating graves. The article stated “(..) is that the perpetrators, all of them young teenagers, were of foreign ethnicity. A culture that has no respect anymore for the dead or the symbols of another religion is a deranged culture.” View more
BelgiumBelgium Court of First Instance (Tribunal de première instance de Dinant) 2013 Belgium / Court of First Instance of Dinant / X. and the public prosecution v. X Ethnic origin Black people or of African origin, Migrants, Third country nationals The case concerns physical violence with racist motives. In 2009, the defendants, who had been drinking, physically assaulted a person on the basis of ethnic origin. They were charged with intentional infliction of personal injury motivated by racism. View more
BelgiumBelgium Court of Cassation of Belgium (Hof van Cassatie van België) 2017 Belgium / Court of Cassation / S.12.0062.N Religion Muslims A muslim receptionist was dismissed by the defendant as she refused to conform to the unwritten rule in force in the company, which imposed a prohibition on carrying outward signs of a political, philosophical or religious belief. The Labour Court of Antwerp had ruled that a security firm did not commit abuse of law by dismissing a receptionist who wanted to combine a modest headscarf with her uniform. View more
BelgiumBelgium 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 Ethnic origin, Race, 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. View more
BelgiumBelgium 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, Ethnic origin 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. View more
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