Legislative policy in the face of discrimination and hate crimes in UAE law

Authors

Saif Obaid Alkatbi, Mohammad Amin Alkrisheh

 

Abstract

The crime of spreading and promoting speech of discrimination and incitement to hatred is one of the most severe crimes witnessed in this era, especially after the current technical explosion, which helped the rise of this crime to the surface in a large and influential way in all societies. Due to the severity of this crime, it has become a threat to security, societal stability and social peace, as it is practiced by individuals, as it affects the humanity and dignity of the human being. Therefore, the Emirati legislator established a special punitive penalty to criminalize the acts described as the crime of spreading and promoting speech of discrimination and incitement to hatred and set the penalty for them, as well as The UAE has put in place legal and societal mechanisms to effectively prevent and combat it. The study reached a number of results and recommendations, the most important of which are: adding the text of Article (1) of the Law on Combating Discrimination and Hate of the United Arab Emirates, in accordance with the latest amendments to Federal Decree-Law No. 11 of 2019 the phrase (discrimination that would lead to the derogation, restriction or robbery of basic rights and freedoms of individuals), and the text is in the form Discrimination: Any distinction, restriction, exclusion or preference among individuals or groups on the basis of religion, creed, creed, creed, sect, race, color or ethnic origin, a discrimination that would lead to a breach of the principle of equality in basic rights and freedoms of individuals or in General costs and duties. The study also recommended adding a text in the text of Article (4) of the Law on Combating Discrimination and Hate of the United Arab Emirates, in accordance with the latest amendments to Federal Decree-Law No. 11 of 2019 the phrase “the motivator of hatred” so that the motivator of hatred is included in the elements of criminalization, and the scope of application of each of the law becomes clear. Combating discrimination, hatred and the penal code in relation to crimes related to religion.

DOI: 10.51958/AAUJBL2024V8I1P4