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Netherlands Supreme Court (Hoge Raad) 2022 The Netherlands, Supreme Court (Hoge Raad) (2022), Case no.21/01879, 18 October 2022, ECLI:NL:HR:2022:1468. Religion Muslims Ruling of the Supreme Court upholding a judgment of the Court of Appeal in which the defendant was acquitted of group insults against Muslims because of or statements she made during a public demonstration. On 11 October 2015 during a Pegida demonstration a woman said during her speech: "Another reason to despise and hate Muslims is their insane ideology. Because it's never the religion of peace." Pegida is pan-European anti-Islam organisation. She placed her speech in written… View more
Czechia Constitutional Court (Ústavní soud) 2022 Czech Republic / Constitutional Court / ECLI:CZ:US:2022:1.US.836.22.1 Religion Refugees & asylum seekers <p>The complainant wrote an article published online titled 'Is the future of Europe Muslim?', in which he sought to incite hatred against all persons professing Islam and against all immigrants. Throughout the text the complainant purposely presents readers with a catastrophic vision of the future that he believes will occur if forceful means are not used against all immigrants. The complainant was fined by the criminal court for inciting hatred against a group of people.</p… View more
Luxembourg First Instance Court of Luxembourg City (nineteenth chamber) [Tribunal d’arrondissement de Luxembourg (dix-neuvième chambre)] 2022 Luxembourg/First Instance Court of Luxembourg City/no. 1005/2022 Race/Ethnicity refugees & asylum seekers On the 6th of July 2019, the Anti-Terrorist Section of the Judicial Police Service was informed of the existence of a comment on Facebook which contained xenophobic remarks. The comment related to an article published on the Facebook page of «RTL Lëtzebuerg». The investigation later revealed that the Facebook profile associated with the comment belonged to the defendant. The comment read “In my younger years I was stationed in Saudi Arabi, in Libya and in Bahrein. These people are not like us,… View more
Luxembourg First Instance Court of Luxembourg City (nineteenth chamber) [Tribunal d’arrondissement de Luxembourg (dix-neuvième chambre)] 2022 Luxembourg/First Instance Court of Luxembourg City/no. 1551/2022 Religion Third country nationals On the 7th of February 2020, the Anti-Terrorist Section of the Judicial Police Service was informed of the existence of several comments on Facebook which contained xenophobic remarks. The comments were related to an article from «LEQUOTIDIEN.LU» shared by a user on his Facebook page. The investigation later revealed that the Facebook profile associated with the comments belonged to the defendant. In his comments, the defendant declared that Muslims were scum, adding emoticons such as "… View more
France United Nations Committee on the Elimination of Racial Discrimination
2022 France / UN Committee on the Elimination of Racial Discrimination (CERD) / Concluding observations on the combined twenty-second and twenty-third periodic report of France / CERD/C/FRA/CO/22-23
Race/Ethnicity Muslims The observations relate to France's policies and their impact on racial discrimination. Specifically, for counter-terrorism, they involve two recent laws: Law No. 2021-646 of 25 May 2021 for global security preserving freedoms and Law No. 2021-1109 of 24 August 2021 strengthening the respect of the principles of the Republic. These laws provide in particular for reinforced monitoring of religious associations, which, to benefit from a public subsidy, are required to undertake to adhere to… View more
Finland Turku Administrative Court (Turun hallinto-oikeus / Åbo förvaltningsdomstol) 2022 Finland / Turku Administrative Court / H95/2022, 20590/03.04.04.04.03/2020 Religion Muslims The complainant X had worked as a guard in a police prison. In his free time, X had posted on his Facebook site several comments relating, e.g., to sexual offences in which many of the suspected perpetrators were Muslim asylum seekers or refugees. In that context, he had referred to Muslim asylum seekers as parasites, rapists and pedophiles. The posts had been published during a period of close to 18 months. X had also indicated in the posts that he is police personnel. In October 2020, the… View more
Denmark Ligebehandlingsnævnet (The Board of Equal Treatment) 2022 Denmark / The Board of Equal Treatment / Jr. nr. 21-30929 Race/Ethnicity eu citizens & nationals with migrant background The case concerned whether af woman was discriminated against based on her ethnicity by the municipal administration in relation to their ruling on sickness benefits. The administration had asked questions regarding the women's Turkish origin which was considered as discrimination by the Board. View more
Greece Greek Ombudsman - Ombudsperson 2022 Greek Ombudsman, Summary of Intervention, The ban on the use of headscarves during nursing internships in clinics of public hospitals does not constitute discrimination based on religious beliefs, July 2022. Religion Muslims The case concerned the complaint of a trainee Muslim trainee nurse, who was banned from wearing a headscarf during her traineeship at a pubic hospital. The Ombudsman examined whether a head-scarf ban during nursing internships at public hospital clinics constituted discrimination based on religion and religious beliefs. After communicating with the Hospital authority and the competent department of the Ministry of Health, the Ombudsman found that there was no discrimination and that the ban was… View more
France European Court of Human Rights, Fifth section 2022 France / ECtHR / Application no. 63539/19 / Zemmour v. France Religion Muslims The case dealt with the incitement to discrimination and religious hatred against a group of people because of their belonging to the Muslim religion. In a television programme, the plaintiff, a far-right polemicist journalist, presented Muslims living in France as "colonizers" and "invaders" in a combat to "Islamize" France, and claimed that this situation implied that they had to make "a choice between Islam and France". He was convicted by the French… View more
Ireland High Court 2022 [2022] IEHC 553 - E.S AND INTERNATIONAL PROTECTION APPEALS TRIBUNAL AND THE MINISTER FOR JUSTICE Religion refugees & asylum seekers The applicant applied for international protection. The applicant was Muslim and claimed that he risked persecution in India due to his religious belief and was at a risk of serious harm. The applicant was involved in the beef industry and claimed to have suffered religious persecution by Hindu nationalists as a result. However, the IPO recommended that the applicant should not be given refugee or subsidiary protection. It was reasoned that he had investment property worth €4 million which he… View more
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