CYIL vol. 10 (2019)

HARALD CHRISTIAN SCHEU CYIL 10 ȍ2019Ȏ xenophobia, anti-Semitism, and intolerance is closely related to this problem. Therefore, in its monitoring reports, ECRI pays considerable attention to the discriminatory prejudices. In Recommendation No. 5, which focuses on intolerance and discrimination against Muslims, ECRI noted that hostile stereotyping sometimes portrays Islam as a threat. Prejudice suffered by Muslims, according to ECRI, may manifest itself in various forms, from negative general attitudes through acts of discrimination and through violence and harassment. 8 A more detailed introduction to the issue of stereotypes is contained in ECRI Recommendation No. 15 on combating hate speech. In this document ECRI dealt with the stereotypical perception of minorities that occurs e.g. in the media and in the context of the so- called ethnic profiling. According to ECRI, the transmission without reflection of negative stereotypes and prejudices from one generation to the next may be seen as a condition especially conducive to the use of hate speech. Furthermore, ECRI has attempted to define the concept of negative stereotyping as the application to a member or members of a group of persons of a generalized belief about the characteristics of those belonging to that group that involves viewing all of them in a poor light regardless of the particular characteristics of the member or members specifically concerned. 9 It is difficult to provide an exact definition of the legal meaning of the terms stereotype and prejudice. First and foremost, stereotypes and prejudices have been the subject of socio- psychological research since the 1920s. In social sciences, the concept of stereotype was introduced by the US author Walter Lippmann who described how opinions about groups tend to be stencil-like and do not take into account the circumstances of a particular case. 10 In this sense, stereotypes are perceived predominantly as a form of cognitive distortion which is based on a wrong way of thinking and does not correspond to a complex reality. As for the definitions provided by social sciences, it can usually be questionable to what extent sociological concepts may serve for legal purposes, whether in terms of legislation or the application of law. From a legal point of view, however, one particular issue is interesting. Like current anti-discrimination law, which is largely marked by moral attitudes, the social science debate is also emphasizing moral aspects. Beyond an analysis of the mere inaccuracy of stereotypical positions, many experts have, over time, criticized stereotypes as immoral. 11 Other authors have analyzed how stereotypes and prejudices may serve to protect the moral order and to which extent stereotypes reflect the proper content of moral norms. Thus, the diversity of moral standards in a democratic society as such becomes a source of conflict. 12 On the other hand, we may find voices that point to a rational basis of stereotypes and suggest that the efforts of the cognitive apparatus to reduce the complexity of the outside world quite often result in stereotyping views. According to social psychologist Henri Tajfel, the reduction of diversity to simple categories with the focus on certain characteristics 8 ECRI Policy Recommendation No. 5 on Combating Intolerance and Discrimination against Muslims (16 March 2000) – CRI(2000)21. 9 ECRI General Policy Recommendation No. 15 on Combating Hate Speech (8 December 2015) – CRI(2016)15. 10 For more details, see JONAS, K., SCHMID, M. Stereotyp und Vorurteil. In J. STRAUB, A. WEIDEMANN & D. WEIDEMANN (eds.), Handbuch interkulturelle Kommunikation und Kompetenz. Stuttgart: Metzler, 2007, pp. 69-76. 11 Jonas, Schmid, op. cit. (with further references). 12 HNILICA, K., BARTUŠKOVÁ, V. Stereotypy, morální normy and zobecněná předsudečnost. [Stereotypes, moral norms and generalized prejudice] Československá psychologie . 2018, 62(4), pp. 297-315.

96