Aargau SVP politician convicted of racial discrimination
Published: Wednesday, Jun 5th 2024, 12:11
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The Federal Supreme Court has confirmed the conviction of an Aargau SVP politician for racial discrimination. He had published three posts on his Facebook profile in 2021 in the run-up to the "marriage for all" vote, in which he denigrated people from Africa and same-sex couples.
In November 2022, the Aargau High Court sentenced Naveen Hofstetter, President of the SVP local party in Rothrist, to a conditional fine of 70 daily rates of CHF 170 and a fine of CHF 2,500.
In his posts, he wrote, among other things, that it is a reality "that the youngest girls are often sexually harassed by men of African origin". If African refugees are now allowed to adopt little girls for sexual purposes in the near future, "then good night to our culture". The law "is a step towards further demands for the adoption of children from unnatural partnerships".
In its ruling published on Wednesday, the Federal Supreme Court stated that the terms used, such as "men of African origin" and "African refugees", referred to an ethnic group or race that was covered by the criminal provision against discrimination in the Criminal Code (Article 261bis).
Association with skin color
The complainant had targeted an entire continent with the chosen terms. It could not be assumed that an unbiased average addressee would only understand the terms as designating a geographical group. According to the Federal Supreme Court, the use of a collective term serves precisely to simplify matters.
It is also relevant that an association with skin color is evoked in the average reader. This is, in particular, a characteristic that characterizes race within the meaning of the provision in the Criminal Code.
The core message of another article is also that people living in same-sex partnerships are unnatural or second-class citizens. According to the Federal Supreme Court, this is a blanket disparagement within the meaning of the law.
Political debate
According to the Federal Supreme Court, the condemnation of the politician is compatible with the freedom of expression of political parties. If they were in an election campaign, they should be granted far-reaching protection for democratic reasons.
However, the European Court of Human Rights has emphasized in this context that xenophobic discourse has far more damaging effects, especially in a political context. This also applies in the context of discrimination on the basis of sexual orientation.
According to the ruling, it is unclear whether Hofstetter published the posts on behalf of a political party or as an elected politician. His statements had neither highlighted the grievances he objected to, nor had he made a factual contribution to a political debate. (Judgement 6B_1477/2022 of 24.4.2024)
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