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Austria Supreme Court (Oberster Gerichtshof) 2015 Austria / Supreme Court / 15Os40/15v
ECLI:AT:OGH0002:2015:0150OS00040.15V.0610.000
Race/Ethnicity, Race/Ethnicity, Religion Muslims, Foreigners, Migrants The case concerns online incitement to violence or hatred. The defendant alleged that every Muslim is a possible terrorist. He also stated "Let us finally wake up and remove this cancer from our people's body!". He also posted a comment on facebook stating that one has "to prevent the infiltration of primitive races, such as the Negro race and the Turks and Muslims. Moreover, he posted a world map indicating the average IQ - indicating 'mental retardation' of the… View more
Austria Supreme Court (Oberster Gerichtshof, OGH) 2015 Austria / Supreme Court / 15Os75/15s
ECLI:AT:OGH0002:2015:RS0130193
Race/Ethnicity, Race/Ethnicity, Religion, Nationality, Gender, Migrant status Muslims, Migrants, Refugees & asylum seekers, EU citizens & nationals with migrant background, Third country nationals, Foreigners, Black people or of African origin, Other religious groups The Supreme Court has ruled on a case confirming the lower court sentence of 30 year old Turkish barber who had been sentenced to two years on probation for publishing antisemitic postings on Facebook. He had dignified the Holocaust and in the context of last years Gaza war he wrote "I could kill all Jews. But I 'd leave some alive to show you why I killed them" and said that Hitler "was the king of all real men and nobody achknowdlegded him". Taking into… View more
Belgium 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. The Court… View more
Belgium Constitutional Court (Grondwettelijk Hof) 2020 Belgium / Constitutional Court / 81/2020 Religion Muslims A Brussels institute for higher education (college) prohibits in its internal regulations, among other things, the wearing of religious signs. Female Muslim students who wish to wear a headscarf initiate legal proceedings and the court formulates a preliminary question tot he Constitutional Court. The students claim that the ban on head scarfs is contrary to the Anti-Discrimination Decree of 12 December 2008. View more
Belgium Correctional Court Oudenaarde (Correctionele Rechtbank te Oudenaarde) 2013 Belgium / Correctional Court Oudenaarde / Public Prosecution v. V. Ismael and T. Francis Frans Francois Race/Ethnicity 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
Belgium Kortrijk Criminal Court (Correctionele rechtbank Kortrijk) 2020 Belgium / Correctionele rechtbank Kortrijk / Trib.corr.Courtrai, 10-11-2020 Religion Muslims The case concerns physical violence against a Muslim woman. The victim was aggressed by a man who stuck with force a sticker that said "no mosque in our neighbourhood" to her back and to her cheek and allegedly pushed her to the ground. She was wearing a headscarf at the time of the incident. View more
Belgium Antwerp Court of Appeal (Cour d’appel d’Anvers) 2022 Belgium / Cour d’appel d’Anvers. / Anvers, 9-02-2022 Religion Muslims The case concerns the appeal from a decision in which the primary judge found that it was discriminatory for a not-for-profit organisation providing assistance to mothers in need to ask the mothers and anyone accompanying them to remove their headscarves in the premises of the organisation. View more
Belgium 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 Race/Ethnicity 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.” The case was brought to the Court of First Instance, which… View more
Belgium 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
Belgium Court of First Instance (Rechtbank van eerste aanleg) 2020 Belgium / Court of First Instance Brussels / De Procureur des Konings bij het parket Halle-Vilvoorde vs. D. J. P. R. Religion Muslims A man posted a message in a Facebook group, asking whether the local mosque might move to another location. The defendant replied the following: "If only, there are more and more of them, we have to burn them down." View more
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