RACIAL DISCRIMINATION | INCITEMENT TO HATRED AND VIOLENCE | FREEDOM OF EXPRESSION | ROMA | AFRICANS | PERPETUATION OF NEGATIVE STEREOTYPES
Lisbon Court of Appeal, proc. 5551/19.0T9LSB-5, 06.07.2021
JURISDICTION: Criminal
SUBJECT: Crimes of discrimination and incitement to hatred and violence
RAPPORTEUR: João Carrola
RULING: Grants the appeal and orders that the appealed decision be replaced by a decision opening a criminal investigation and outlining the subsequent steps in the procedure.
DOMESTIC LAW:
Criminal Code [Article 240(2)(b)]
Portuguese Constitution [Article 32(5)]
Code of Criminal Procedure [Articles 283, 286(1), 287, 289(1), 308, 309]
Porto Court of Appeal, proc. 470/13.7PAGDM.P1, 04.02.2015
Lisbon Court of Appeal, proc. 1634/14.1T9SNT.L1-5, 25.10.2016
INTERNATIONAL LAW: n.a.
FOREIGN LAW: n.a.
KEYWORDS: Racial discrimination; incitement to hatred and violence; right to honour and personal reputation; freedom of speech; opinion piece; racist and discriminatory opinion; racial or ethnic origin; ethnicity; skin colour; national origin; Roma; Africans; xenophobic or discriminatory speech; perpetuation of negative stereotypes; stigmatization; reinforcement of prejudice against foreigners, minorities, or immigrants; “quotas for blacks and Roma”; “multicultural egalitarian farce”; “excluded minorities”; “supposed or actual marginalization”; “problem of exclusion of Roma and blacks from public space”; “positive discrimination for ethno-racial minorities”; “quotas for colourful MPs”; “ethno-racial composition of Portuguese society”; Christendom; “unassimilable”; “clans”; “rival tribes”; “nomads”; state subsidies; “most elementary rules of civility”; social housing; “brutal genital mutilation, common and imperative in Muslim tribes”; “humiliating demonstration of the bride’s virginity”; “self-exclusion from the national community”; “irreconcilable ethnicities”; “Africans openly racist”; xenophobia; racism; “exotic minorities”; “savagery”; female genital mutilation; “colourful outsiders”; limits to the exercise of freedom of expression; abusive generalizations; racial and ethnic prejudices; discriminatory practices in breach of equality; supposed inferiority of Roma and Africans; “civilizational and intellectual distance”; cultural origin or belonging; morally superior beliefs, codes of honour and values; explicit and unequivocal discriminatory and offensive tenor; right to equality; defamation and insult because of race or ethnic origin; SOS Racismo Movement; “field battles”; Cape-Verdean; Angolan; “well thinking left of our democracy”; Lusitanians; “invisible communities”; social integration; media outlet; violent attacks on two groups; criminal and deviant behaviour; civilised world; Jews; blacks; homosexuals; Christians; intellectually, socially or culturally inferior; human dignity; rights of others; lesser persons; ethno-racial category; subhuman; race; injurious to the honour and dignity of millions of people; unequivocal intention to offend and humiliate the target groups; recognition of the essential identity of all human beings; irrelevance of individual distinctive traits; equality among all citizens; limit of what is socially tolerable; debate on a quota system; likely to offend everyone; express thoughts that demean and humiliate minorities and individuals; social exclusion; negative and gratuitous value judgments; remarks perceived as discriminatory by the public; freedom of opinion; mere prejudices; free and pluralist information; prosecution at the request of the civil party; insulting nature of the writing
COMMENTS: Coming soon.
REFERENCES IN THE LITERATURE: n.a.
Download the ruling.