A fight against expressions of racism has come to an end with a decisive ruling: The Ashkelon Magistrate's Court ruled that a racist slur that includes phrases like "a family of monkeys" is serious defamation. As a result, a traveler who threw insults at a border control worker will compensate her with 35,000 NIS for the damage to her good name.
The trial took place after the plaintiff contacted the government unit for coordinating the fight against racism at the Ministry of Justice.
The unit, which recognized the seriousness of the case, transferred the case to legal aid, which filed the lawsuit on behalf of the border control employee.
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The resounding ruling emphasizes the severity of treatment of a person based on the color of his skin and states that racist statements are not "mere curses," but a profound insult to a person's dignity and good name.
The incident occurred when the plaintiff asked the defendant to avoid bypassing the line at border control, and in response, the defendant began to hurling offensive statements at her in front of passengers and colleagues - including: "You're nothing," "You won't work here anymore," "You black woman," and "a family of monkeys.".
The judge ruled that this was defamation under the Defamation Law, as the statements were intended to humiliate the plaintiff because of her race and origin and to attribute inferior value to her.
The judge clarified that racism is a sick evil that attributes a negative identity to a person based solely on the color of their skin, while ignoring their virtues as a human being, and that there is no longer any place for such conduct in our day and age.
The ruling notes that the statements were made publicly, at the plaintiff's place of work, which intensified the feeling of humiliation and trauma that led her to even request a transfer from her position.
Despite the defendant's denials, the court relied on reliable testimony from additional border police officers and the defendant's confession as part of a conditional plea agreement in a parallel criminal proceeding, where he admitted that he insulted the public employee with the term "black".
The government unit for coordinating the fight against racism, which has been involved in the case since its inception, sees the ruling as an important step in creating deterrence and keeping the public space free from discrimination and racism.
The unit emphasizes that the ruling is consistent with the spirit of the Law Prohibiting Discrimination in Products, Services, and Entrance to Entertainment and Public Places, which strives for full equality for every person.
At the end of the day, the defendant was ordered to pay the plaintiff compensation in the amount of 35,000 NIS, plus legal costs and attorney fees in the amount of 10,000 NIS.
It is important to mention that as part of the national effort to eradicate racism, the temporary order granting free legal representation by the Legal Aid Division in claims of this type has been extended, without a means test, to ensure that every victim can assert their rights without fear.
