Denmark / Supreme Court / Sag 100/2020
Country
Denmark
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."
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