grounds. 34 The reference to not being human is clearly explicitly racist,
whereas the other examples also have implicit racist connotations of being
dirty, unwelcome and objectionable.
161.
This verbal abuse amounts to insulting language and can be characterized as
hate speech which includes “offensive, derogatory, abusive and negative
stereotyping remarks.” 35 The Commission finds that these statements thus
amount to hate speech which is meant to impair the dignity of the Victims, in
addition to being derogatory and abusive, and is thus discriminatory.
162.
There is however, no indication on the facts that the verbal abuse was reported
to the police or the authorities, and thus the failure to investigate does not
constitute a distinct violation of this right.
163.
In terms of whether there was discrimination based on another status, namely
immigration status broadly, the Commission affirmed above that refugees,
asylum seekers and irregular migrants each have a different status within their
host state. The Commission acknowledges it is possible that there may be
discrimination against people because they are refugees, asylum seekers or
irregular migrants, and affirms that these may constitute separate categories as
“other statuses” under Article 2. This is also closely related to the right under
Article 12 to leave one’s country, and there can thus be no discrimination
against a person because they decide to exercise their right of movement.
164.
If the Kenneth Good test is applied, in terms of the manner in which the
removal was carried out, including the use of violence and the conditions to
See the Handbook on European non-discrimination law, id, p66.
See footnote 16 of Case of Delfi As v. Estonia 16/06/2015, decision of the Grand Chamber of the European
Court on Human Rights which states that: “Hate speech” remains undefined. “There is no universally
accepted definition of ‘hate speech’. The term encompasses a wide array of hateful messages, ranging from
offensive, derogatory, abusive and negative stereotyping remarks and comments, to intimidating,
inflammatory speech inciting violence against specific individuals and groups. Only the most egregious
forms of hate speech, namely those constituting incitement to discrimination, hostility and violence, are
generally considered unlawful” (Report of the Special Rapporteur on minority issues, Rita Izsák
(A/HRC/28/64), Human Rights Council, Twenty-eighth session). According to the European Commission
against Racism and Intolerance, hate speech is “the advocacy, promotion or incitement, in any form, of the
denigration, hatred or vilification of a person or group of persons, as well as any harassment, insult,
negative stereotyping, stigmatisation or threat with respect to such a person or group of persons, as well
as the justification of such types of expression.
34
35
42