Legislation Prohibiting Incitement to National, Racial and Religious Hatred
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Legislation prohibiting Legislation protecting Other information or Examples of or Relevant policies in incitement to national, freedom of speech observations in relation information on relevant relation to incitement to EUROPE racial and religious (Indicate relevant to of public discussion jurisprudence on hatred and/or freedom of hatred (Indicate relevant paragraphs and where of both. incitement to hatred speech paragraphs and where possible text) and/or freedom of possible text) speech Albania Constitution Constitution The main concern voiced by all Very few limited data exist on the Article 9 : 2) Political parties and Article 22 : 1. 1 . Freedom of non-governmental stakeholders implementation of the criminal other organizations, the programs expression is guaranteed. with regard to the media in law provisions relating to racism, and activity of which are based on Albania is the lack of discrimination and intolerance. totalitarian methods, which incite independence of some of the Two cases were brought before and support racial, religious, principal television channels, the courts in 2005 and 2006 regional or ethnic hatred, which rather than issues of racist under Article 266 of the Criminal use violence to take power or discourse. A Code of Ethics for Code (breaching public order by influence state policies, as well as the audiovisual media was inciting hatred towards segments those with a secret character, are adopted in 2006, which covers, of the population). prohibited pursuant to the law. inter alia, the need for the media to respect opinions of all kinds Source: ECRI Report on Albania, Penal Code of Albania while countering any form of 2010, available at: Law 10221 on the Protection discrimination on grounds of race http://www.coe.int/t/dghl/monitori against Discrimination . or religion (among other ng/ecri/Country-by- Article 1 : categories). Albanian authorities country/Albania/ALB-CbC-IV- have not yet enacted the 2010-001-ENG.pdf Regulation of the Closed secondary legislation necessary Centre for irregular foreigners. to ensure that the constitutional Article 2 - Every foreigner guarantees relating to racism can detained in the Centre shall be be effectively applied by the treated by the personnel of the ordinary courts. centre equally, correctly, reputably and without any Source: ECRI Report on Albania, discrimination, fully respecting his 2010, available at: private life (privacy). http://www.coe.int/t/dghl/monitori ng/ecri/Country-by- country/Albania/ALB-CbC-IV- 2010-001-ENG.pdf Austria Basic Law It appears from the available The case law of the The Internet is monitored by the Article 2 : all citizens are equal data and the information supplied Constitutional Court has clarified Federal Agency for State before the law to ECRI by civil society and the sufficiently that the Federal Protection and Counter-Terrorism Austrian authorities that the Constitutional Act Prohibiting (Verfassungschutz und Constitutional Federal Act authorities are continuing to Racial Discrimination not only Terrorismusbekämpfung) of the Article 7 : (1) All federal nationals address this issue with due protects foreigners against Ministry of the Interior, which has are equal before the diligence by rigorously discrimination against other set up a facility to enable users to law. Privileges based upon birth, implementing the Prohibition foreigners, but also in relation to report any neo-Nazi, racist or sex, estate, class, or religion are Statute (Verbotsgesetz), and that Austrian nationals (see Decision anti-semitic material published on excluded. there has been no significant VfSlg. 15.668/1999 as well as the the Internet; they can also report increase in the activities of these decision of 25 November 2002, it to the ISPA (Internet Service Federal Constitutional Act on organisations in Austria in recent file number B 792/02, and most Providers Austria) which works abolishment of all forms of years. This Prohibition Statute recently the Decision of 21 June with the Ministry of the Interior racial discrimination (Verbotsgesetz) and the Insignia 2004, file number 531/02). and service providers. The Article 1 : (1) Any form of racial Act (Abzeichengesetz) contain Internet is also monitored by the discrimination – also to the extent other relevant provisions, such as With regard specifically to Federal Criminal Police Office not already in contradiction with making it an offence to set up, Section 33 (5) of the Criminal (Bundeskriminalamt), which 1 Article 7 of the Federal support or promote Nazi Code, no court decision cooperates with the Federal Constitutional Act as amended organisations aimed at implementing this provision has Agency for State Protection and 1929 and Article 14 of the undermining the sovereignty of been recorded. Counter-Terrorism. The scheme Convention for the Protection of the state or jeopardising public seems to have paid off, as the Human Rights and Fundamental order, to participate in such The Court Decision of 31 authorities have told ECRI that Liberties, Federal Law Gazette organisations, to deny or trivialise December 2001, requiring there have been relatively few No. 210/1958 – is forbidden. Nazi crimes using means topographical signs to be cases of the Internet being used Legislation and execution shall accessible to several persons, to bilingual where Slovene speakers to disseminate racist, xenophobic refrain from any discrimination for disseminate printed or other form more than 10 % of the or anti-semitic comments and the sole reason of race, colour of material of a racist nature, to population, has still not been material. Some NGOs, however, skin, descent or national or ethnic wear in public Nazi insignia or to executed. point to signs that the problem origin. distribute them. Section 283 of may have intensified in recent the Criminal Code was rarely In several of its decisions, the years. Criminal Code applied by the courts. It conceded Austrian Constitutional Court has In the field of education, the Section 33: It is especially an that this might be partly due to stated that “any differentiating authorities have taken steps to aggravating circumstance, if the the fact that, where it was linked treatment against and among address the disadvantaged perpetrator with National Socialist ideas, foreigners is only admissible if, educational position of non- 5. acted out of racist, xenophobic behaviour that constituted an and only to the extent, that there Austrian children and have or other particularly heinous offence under Section 283 was in is a discernible reasonable continued their efforts to reasons. fact prosecuted under the ground and the differentiating implement the principle of Prohibition Statute. Another treatment is not disproportionate.” intercultural education. Section 283 : (1) Whoever publicly reason, in its view, was that in This principle is firmly established In the field of employment, in a manner that is likely to order for Section 283(1) to be in case-law together with the legislative amendments which endanger the public order; applied, the act of incitement general principle of equality came into force in January 2006 commits, or incites, a hostile act must be likely to jeopardise public under Austrian constitutional law. extend the right to stand for against a domestic church or order and target a specific group, election to the Chamber of religious society or against by and that the elements constituting Source: ECRI Report on Austria, Labour (hitherto reserved for their affiliation to such a church or the offences contained in Section 2010, avaialable at: Austrian citizens) and religious community, a race, a 283 were not clearly defined, http://www.coe.int/t/dghl/monitori workscouncils (hitherto reserved people, a tribe or a State, is which resulted in them being ng/ecri/country-by- for EEA citizens) to all punished with imprisonment up to construed very narrowly in case- country/austria/AUT-CbC-IV- employees, irrespective of their two years. law. Anti-Muslim statements 2010-002-ENG.pdf nationality. In the field of housing, (2) Will be punished in the same made by the candidate of one of long-term resident third country way, who publicly incites against the above-mentioned far-right nationals, in all the Länder, are one of the groups referred to in parties in the Graz city council now eligible for social housing on section 1 or in an insulting elections were duly and very the same terms as Austrian manner violating human dignity or strongly condemned by senior citizens. contempt. figures, including the President As regards migrants, people who and the federal Chancellor, and came to Austria for the purpose Section 115 : (1) Any person who Parliament lifted the immunity of of family reunification can now publicly, or in front of several the individual concerned in obtain a permit entitling them to people, insults, mocks, November 2008 so that she could work after one year of residence. physically abuses or threatens be prosecuted under Section 283 There have also been moves to with physical abuse is punishable, of the Criminal Code. facilitate integration, such as the if not punishable under any other setting-up in Vienna of a special provision with a more severe Austria is not a party to the department within the municipal penalty, with of up to three Protocol No. 12 to the European council. At the same time, the months or a fine of up to 180 Convention on Human Rights, conclusion of an agreement daily. which lays down a general between the federal government … prohibition