DISCRIMINATION AND HATE SPEECH AGAINST MUSLIM REFUGEES – LEGISLATION AND PRACTICE
DOI:
https://doi.org/10.5937/ptp2603168AKeywords:
discrimination, hate speech, Islamophobia, migration management, human rights protectionAbstract
This paper examines discrimination and hate speech directed at Muslim refugees in contemporary democratic societies, with particular focus on the gap between formally guaranteed human rights and their actual implementation in practice. Although international and national legal frameworks guarantee freedom of religion, equality, and refugee protection, Muslim migrants increasingly experience stigmatization, exclusion, and hostility in everyday social, political, and institutional contexts. The study proceeds from the premise that these phenomena should not be understood as isolated prejudice or sporadic xenophobia, but rather as a structural and systemic phenomenon embedded in political discourse, media narratives, and administrative practices. Drawing on interdisciplinary theoretical perspectives from law and sociology, the research conceptualizes discrimination as cumulative, institutional, and intersectional, operating through both direct and indirect mechanisms. Using qualitative methods—including content and discourse analysis, comparative case studies, and secondary empirical data—the paper analyzes developments in Germany, the United States, and Australia to identify recurring patterns of migration securitization, labor market exclusion, and symbolic stigmatization of Muslim refugees. Particular attention is devoted to the role of hate speech and digital platforms in normalizing hostility and legitimizing restrictive migration policies.
References
Acim, R. (2019). Islamophobia, racism and the vilification of the Muslim diaspora. Islamophobia Studies Journal, 5(1), pp. 26–44. DOI: https://doi.org/10.13169/islastudj.5.1.0026
Alaverdov, E. (2020). Anti-Islamic discourse in modern Europe In: Alaverdov, E., Yıldırım-Şahin, E., & Dobreva, J. (eds.), Geopolitics, discrimination, gender & immigration (pp. 35–52). London: IJOPEC Publication
Charter of Fundamental Rights of the European Union. (2000). Official Journal of the European Communities, C 364, 1–22
Collins, H. (2003). Discrimination, equality and social inclusion. The Modern Law Review, 66(1), pp. 16–43. DOI: https://doi.org/10.1111/1468-2230.6601002
Convention for the Protection of Human Rights and Fundamental Freedoms. (1950). Council of Europe, European Treaty Series No. 5
Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. Official Journal of the European Communities, L 180, 22–26
Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. Official Journal of the European Communities, L 303, 16–22
Council of Europe. (2020). Annual report on ECRI’s activities covering the period from 1 January to 31 December 2019. European Commission against Racism and Intolerance
Delgado, R. (1982). Words that wound: A tort action for racial insults, epithets, and name-calling. Harvard Civil Rights–Civil Liberties Law Review, 17, pp. 133–181
European Union Agency for Fundamental Rights. (2020). Fundamental rights report 2020. Publications Office of the European Union
Fozdar, F., & Torezani, S. (2008). Discrimination and well-being: Perceptions of refugees in Western Australia. International Migration Review, 42(1), pp. 30–63. DOI: https://doi.org/10.1111/j.1747-7379.2007.00113.x
Ghanea, N. (2013). Intersectionality and the spectrum of racist hate speech: Proposals to the UN Committee on the Elimination of Racial Discrimination. Human Rights Quarterly, 35(4), pp. 935–954
Human Rights Committee. (2011). General Comment No. 34: Article 19—Freedoms of opinion and expression (CCPR/C/GC/34). United Nations
Juhan, S. C. (2012). Free speech, hate speech, and the hostile speech environment. Virginia Law Review, 98(8), pp. 1577–1620
Mercat-Bruns, M. (2016). Discrimination at work: Comparing European, French, and American law. Oakland: University of California Press
Organization for Security and Co-operation in Europe. (n.d.). Training against hate crimes for law enforcement. Downloaded 2026, January 22 from https://www.osce.org/odihr/tahcle
Radcliffe Richards, J. R., & Lucas, J. R. (1985). Discrimination. Oxford: Basil Blackwell
Reskin, B. (2012). The race discrimination system. Annual Review of Sociology, 38, pp. 17–35. DOI: https://doi.org/10.1146/annurev-soc-071811-145508
Reuters. (2016, May 5). ‘Islam does not belong in Germany,’ 60% agree with AfD. Reuters
Rommel, I. (2017). ‘We are the people’: Refugee ‘crisis’ and the drageffects of social habitus in German society. Historical Social Research,42(4), pp. 133–154. DOI: https://doi.org/10.12759/hsr.42.2017.4.133-154
Selipsky, R. (2019, April 21). Anti-refugee sentiment in Germany. Democratic Erosion Consortium. Downloaded 2026, January 22 from https://democratic-erosion.org/2019/04/21/democratic-erosion-and-antirefugee-sentiment-in-germany-by-ruth-selipsky/
Small, M. L., & Pager, D. (2020). Sociological perspectives on racial discrimination. Journal of Economic Perspectives, 34(2), pp. 49–67. DOI: https://doi.org/10.1257/jep.34.2.49
United Nations. (1948). Universal Declaration of Human Rights (General Assembly Resolution 217 A (III))
United Nations. (1951). Convention relating to the status of refugees (United Nations Treaty Series, Vol. 189, No. 2545)
United Nations. (1966). International Covenant on Civil and Political Rights (General Assembly Resolution 2200A (XXI))
United Nations. (1967). Protocol relating to the status of refugees (United Nations Treaty Series, Vol. 606, No. 8791)
United Nations High Commissioner for Refugees [UNHCR]. (2014). Developing national action plans against racial discrimination: A practical guide
United Nations. (1992). Declaration on the rights of persons belonging to national or ethnic, religious and linguistic minorities (General Assembly Resolution 47/135)
United Nations Human Rights Council. (2011). Resolution 16/18: Combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief (A/HRC/RES/16/18)
United Nations Human Rights Council. (2013). Rabat Plan of Action (A/ HRC/22/17/Add.4, appendix).
Watson, S. D. (2009). The securitization of humanitarian migration: Digging moats and sinking boats. London: Routledge







