Breaking Update
Border crossing: Court sets price
A court has ruled that racist remarks made at a border crossing constitute defamation, not "mere curses," emphasizing the deep violation of dignity and good.
Another struggle against manifestations of racism in the public sphere has concluded with a decisive ruling, after the plaintiff approached the governmental unit for coordinating the fight against racism in the Ministry of Justice. The unit, recognizing the severity of the case, transferred it for rights fulfillment through legal aid, which filed the lawsuit on behalf of a border control employee. The resounding verdict emphasizes the gravity of treating a person based on their skin color and rules that racist remarks are not “mere curses,” but a deep violation of a person’s dignity and good name.
The incident occurred when the plaintiff asked the defendant to refrain from cutting in line at border control. In response, the defendant began hurling offensive remarks at her in front of passengers and colleagues, including: “You are nothing,” “You won’t work here anymore,” “Hey black woman,” and “family of monkeys.” The judge ruled that this constituted defamation according to the Defamation Law, 1965, as the remarks were intended to humiliate the plaintiff due to her race and origin and to attribute inferior value to her.
The judge clarified that racism is a social disease that attributes negative characteristics to a person solely based on their skin color, while ignoring their human qualities, and that there is no longer room for such behavior in our times. The verdict notes that the remarks were made publicly, at the plaintiff’s workplace, which amplified her sense of humiliation and trauma, even leading her to request a transfer from her position. Despite the defendant’s denials, the court relied on credible testimonies from other border controllers and on the defendant’s admission as part of a conditional settlement in a parallel criminal proceeding, where he admitted to insulting the public employee with the expression “black woman.”
The governmental unit for coordinating the fight against racism, which accompanied the case from its inception, views this ruling as an important step in creating deterrence and keeping the public space free from discrimination and racism. The unit emphasizes that the ruling aligns with the spirit of the Prohibition of Discrimination in Products, Services, and Entry into Entertainment and Public Places Law, 2000, which strives for full equality for every person. Ultimately, the defendant was ordered to pay the plaintiff compensation in the amount of NIS 35,000, plus court costs and attorney fees totaling NIS 10,000.
It is important to note that as part of the national effort to eradicate racism, the temporary order granting free legal representation by the Legal Aid Department in such lawsuits has been extended, without an economic eligibility test, to ensure that every victim can assert their rights without fear.
