Bulgaria / Commission for Protection against Discrimination / Decision No 49 of 26 January 2024 of the Five-member Extended Panel of the Commission for Protection against Discrimination

Country

Bulgaria

Title

Bulgaria / Commission for Protection against Discrimination / Decision No 49 of 26 January 2024 of the Five-member Extended Panel of the Commission for Protection against Discrimination

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Year

2024

Decision/ruling/judgment date

Friday, January 26, 2024

Incident(s) concerned/related

Other forms of hate speech
Discrimination

Related Bias motivation

Religion

Groups affected

Muslims

Court/Body type

National Human Rights Body

Court/Body

Commission for Protection against Discrimination (Комисия за защита от дискриминация)

Key facts of the case

The case concerns the establishment of discrimination on multiple grounds, including religion. The defendant used rude and offensive language toward the applicant, a Muslim, in the official work chat on Viber, which included the entire staff of the hospital department where both individuals work. Specifically, the defendant wrote: "I, N.T., am an Orthodox Christian, and I bless you. Dr. D., where do you come from, what is your faith - won't you decide? God punishes the infidels .... Death to all infidels". The defendant argued that they were unaware of the applicant’s religious beliefs and that doctors are known for their crude sense of humor.

Main reasoning/argumentation

The Commission for Protection against Discrimination (CPD) (Комисия за защита от дискриминация, КЗД) determined that the defendant engaged in discrimination based on religion, as defined under Article 4(1) of the Protection against Discrimination Act (Закон за защита от дискриминация).

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 equality body found that the defendant’s statements constituted unwanted conduct which, even if unintentional, harmed the dignity of the applicant.

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

As this was the defendant’s first violation of anti-discrimination law, the equality body imposed the minimum fine of BGN 250 (approximately €125).

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

„Изречените от Ц. думи са нежелано поведение, изразено словесно, което дори и да не е имало за цел, то с казаните думи именно в контекста и ситуацията, в която са използвани, е накърнило достойнството на Д., тези думи са за него обидни и унизителни." "The defendant’s words, expressed verbally, constitute unwanted behaviour that, within the specific context and circumstances in which they were used, violated the dignity of the applicant. Regardless of intent, the remarks were offensive and humiliating to them."

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