Questione giuridica chiave
Whether the use of the term 'asylum seekers' in the flyer could fall under racial discrimination under Art. 261bis SCC.
Decisione estratta
The term 'asylum seekers' is not excluded as a matter of principle; if used as a collective label for people of a race, ethnicity, or religion and in a manner violating human dignity, Art. 261bis SCC may apply.
Motivazione estratta
Although 'asylum seekers' is generally a legal category not itself protected by Art. 261bis SCC, it may function as a blanket designation for different ethnic or racial groups. The decisive question is whether the expression aims to humiliate or discriminate against persons because of race, ethnicity, or religion. The call to use such persons as firewood clearly constitutes degrading treatment.