Denmark / Board of Equal Treatment / KEN no. 10425

Country

Denmark

Title

Denmark / Board of Equal Treatment / KEN no. 10425

View full Case

Year

2015

Decision/ruling/judgment date

Wednesday, February 25, 2015

Incident(s) concerned/related

Harassment

Related Bias motivation

Religion

Groups affected

Muslims

Court/Body type

National Human Rights Body

Court/Body

Board of Equal Treatment

Key facts of the case

The Board of Equal treatment found that the defendant had harassed the claimant on the ground of race/ethnic origin. The claimant had responded to a sales
advert for a car, to which the defendant replied "Fuck you Muslim".

Main reasoning/argumentation

The Board of Equal Treatment found harassment on the ground of race/ethnic origin and reasoned that the defendant knew the name of the claimant, when he wrote "Fuck you Muslim". Therefore it was harassment within the scope of the Racial Equality Directive.

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

This was the first case where the Board of Equal Treatment found harassment on the ground of race/ethnic origin, regarding access to and supply of goods and services.

Results (sanctions, outcome) and key consequences or implications of the case

Compensation of 5,000 DKK

Key quotation in original language and its unofficial translation into English with reference details

"Da indklagede skrev "Fuck dig din muslim" til klager, var han bekendt med klagers navn. Der er for nævnet ikke tvivl om, at udtalelsen er udtryk for chikane af klager på grund af dennes etnicitet."

"When the defendant wrote "Fuck you Muslim" till the claimant, he was familiar with the claimant's name. Therefore, The Board of Equal Treatment has no doubt as to whether the statement should be considered harassment of the claimant on the ground of his ethnic origin "

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