Denmark / Supreme Court / Sag 100/2020

Country

Denmark

Title

Denmark / Supreme Court / Sag 100/2020

View full Case

Year

2021

Decision/ruling/judgment date

Wednesday, January 20, 2021

Incident(s) concerned/related

Other forms of hate speech

Related Bias motivation

Migrant status

Groups affected

Migrants

Court/Body type

National Court

Court/Body

Supreme Court (Højesteret)

Key facts of the case

The case concerns whether a group of persons had violated the hate crime paragraph in the Danish Criminal Law (§ 266 b) by distributing hateful statements about migrants and asylum-seekers. Whether "non-Western migrants" and "asylum seekers" could constitute a group under "race, skin color, national or ethnic origin, faith or sexual orientation" was the main question of the case.

Main reasoning/argumentation

The Supreme Court found that the statements related to "non-Western migrants" and "asylum-seekers" was delineated by the aggrieved group's race, skin color, national or ethnic origin, faith or sexual orientation, and could therefore not constitue af violation of the hate speech paragraph § 266 b.

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

The key issues was whether "non-Western migrants" and "asylum seekers" could be considered as a group in terms of the hate speech paragraph §266b (know as the "racism paragraph") which includes "race, skin color, national or ethnic origin, faith or sexual orientation"

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

The Supreme Court ruled that statements was not punishable under the provision and the defendants were acquitted.

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

DA: "Efter vores opfattelse er denne persongruppe ikke afgrænset ved en bestemt race, hudfarve, national eller etnisk oprindelse, tro eller seksuel orientering, og de forhånende eller nedværdigende ytringer er ikke rettet mod de pågældende på grund af gruppens race, hudfarve, nationale eller etniske oprindelse, tro eller seksuelle orientering."EN: "In our opinion this group of persons is not delineated by af certain race, skin color, national or ethnic origin, faith or sexual orientation, and the degrading statements are therefore not aimed at the group because of their race, skin color, national or etnich origin, faith or sexual orientation."

DISCLAIMERThe information presented here is collected under contract by the FRA's research network FRANET. The information and views contained do not necessarily reflect the views or the official position of the FRA.