Denkmark / CERD / C / 108 / D / 62 / 2018

Country

Denmark

Title

Denkmark / CERD / C / 108 / D / 62 / 2018

View full case

Year

2022

Decision/ruling/judgment date

Thursday, December 01, 2022

Incident(s) concerned/related

Hate speech: Public incitement to violence or hatred
Discrimination

Related Bias motivation

Racial or ethnic origin

Groups affected

People of African descent

Court/Body type

UN Committee

Court/Body

Committee on the Elimination of Racial Discrimination

Online/Offline

Offline

Key facts of the case

The case concerns Denmark’s alleged failure to investigate hate speech involving pictures exhibited at the Danish Parliament and a private gallery. Danish authorities ruled the pictures did not violate criminal law. However, the Committee found that some images could reflect racial superiority, hatred, or incitement to violence under the Convention. The claims were deemed admissible under articles 4(a) and 6 of the Convention.

Main reasoning/argumentation

The Committee noted the pictures contained derogatory portrayals of black people and the Roma community, targeting them on racial and ethnic grounds. While respecting freedom of expression, it emphasized states’ obligations to prevent the spread of racist ideas. Some pictures humiliated individuals advocating against discrimination, violating their dignity. The Committee ruled that Denmark’s investigations were insufficient to meet its obligations.

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 case clarified that freedom of expression may be limited to prevent hate speech and uphold dignity. It stressed state obligations to act against racist hate speech, beyond mere investigations. The Committee highlighted hate speech’s societal harm, fostering hostility and discrimination, and emphasized the need for systemic responses, balancing legal protections and the prevention of racial hatred.

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

The Committee found Denmark violated article 4(a), read with article 6. It recommended an apology and reparation for the author. It urged Denmark to develop guidelines on hate speech responses and provide training for police, prosecutors, and judges.

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

"The absence of an effective response by the State party to the incident that qualifies as racist hate speech was not in conformity with the requirements of the Convention" "The Committee emphasizes that it is the responsibility of the State party to make reparation for the violation of its obligations under the Convention and of the rights of the author of the communication, which should include an apology and granting him a full reparation. The Committee, moreover, requests the State party to take further measures to ensure that the existing legislation is applied in an effective manner and with due regard to the requirements under the Convention."

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