Comparing the Muslim headscarves with the Nazi symbol of the swastika

Concerning F.A vs Denmark for violation of articles 2, 20 and 27 of DACoRD.

On 29 April 2007, the leader of the Danish People’s Party (DPP), Member of Parliament Ms. Pia Kjærsgaard, made a statement on the National Danish Television comparing the Muslim headscarves with the Nazi symbol of the swastika. The author adheres to the Muslim faith and wears a headscarf for religious reasons. She considers that this statement is a personal insult to her. Moreover, it creates a hostile environment and concrete discrimination against her. For example, it is difficult for her to find a job because of a double discrimination based on her gender and the fact that she wears a headscarf.

The Copenhagen Police decided not to prosecute Ms. Kjærsgaard. The Public Prosecutor General upheld that decision as he found that the statement is of such a general nature that there would be no individuals who are legitimate complainants and that there did not seem to be any information that would prove that the author, could be regarded as an injured person. Thus a complaint was sent to DACoRD.

In the present case, with regard to the statements made by Ms. Kjærsgaard, the Committee considers that the author has failed to establish that those specific statements had specific consequences for her or that the specific consequences of the statements were imminent and would personally affect her. The Committee, therefore, considers that the author has failed to demonstrate that she was a victim. Thus the Committee declares this communication to be inadmissible.

20. July 2021

CCPR 1868/2009
  • Decision: 14. September 2010
  • Comm: Human Rights