EU Council Conclusions on Racism: From Combating Online “Hate Speech” to the History of Colonialism in Schools

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On October 2, 2026, the Council of the European Union approved a document entitled “Council conclusions on combating racism and related forms of hatred and discrimination in the European Union: Safeguarding Fundamental Rights and European Values.” The conclusions refer to the communication “Union of Equality: Anti-Racism Strategy 2026-2030,” presented by the European Commission on January 20, 2026, which is a continuation of the EU Anti-racism Action Plan 2020-2025. The strategy provides, among other things, for more effective enforcement of anti-discrimination legislation, tighter rules on so-called hate speech and hate crime, and increased support for non-governmental organizations. It covers measures against racism toward Black people and people of Asian descent, hostility toward Roma, antisemitism, and anti-Muslim hatred.

The document approved by the EU Council is not legally binding, but as a position adopted with the consent of all governments, including the Polish government, it sets the direction for the actions of the Member States and the Commission in implementing the strategy. Beyond these issues, the conclusions address data collection, education, and cooperation with online platforms, while the contentious points include the reference to gender identity, the linking of the fight against racism to the LGBTIQ+ Equality Strategy, and calls concerning curriculum content.

Combating racism and EU law

In its introductory part, the Council invokes the Treaty on European Union (TEU), in particular Article 2, under which the Union is founded, among other things, on “the values of respect for human dignity, freedom, democracy, equality, the rule of law” (recital a). It also cites Articles 10, 19 and 67(3) of the Treaty on the Functioning of the European Union (TFEU), the last of which “obliges the Union to endeavour to ensure a high level of security,” inter alia by preventing racism and xenophobia (recital b), as well as the Charter of Fundamental Rights of the European Union (recital c).

Among the acts of secondary legislation, the document lists Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (recital d) and Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law (recital e). The document also takes into account Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, as amended in June 2026 (recital f). The acts cited further include the Directive on equality bodies (recital h), Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act – DSA) (recital i), and the Artificial Intelligence Act (recital k).

Racism contrary to the principles and values of the European Union

The Council recalls that racism is “incompatible with the core principles and values on which the Union is founded” (point 1) and reaffirms its commitment to mainstreaming the fight against it in EU policies (point 2). It addresses its calls to the Member States “bearing in mind the principle of subsidiarity” (paragraph preceding point 3). Governments are to support the implementation of the strategy at all levels of government, cooperate with the Commission’s coordinator, and regularly report to it on progress (point 3). According to the conclusions, it is the Member States that “are best placed to design specific measures at national level” (recital r). They should also prepare or update their own action plans against racism and consider appointing coordinators (point 9).

Antisemitism is given separate attention. The document notes its significant rise following Hamas’s terrorist attacks on Israel of October 7, 2023, and points out that many Jews hide their identity in public spaces, at work and at school (recital ll). Although antisemitism and racism overlap, “they are distinct in their characteristics” (point 11). The Commission and the Member States are encouraged to continue using the working definition of antisemitism adopted by the International Holocaust Remembrance Alliance (IHRA) (point 11).

Member States are also to step up the fight against “antigypsyism as a specific form of racism and discrimination” (point 12), that is, hostility toward Roma. This is to be achieved, among other things, by “promoting the use of the non-legally binding working definition” of the IHRA in order to raise awareness (point 12). States are also to address anti-Black racism as “a specific form of racism,” one “deeply entrenched in historical legacies, including colonialism, enslavement, and migration” (point 13). The Council further calls for ensuring the safety of persons belonging to ethnic and religious minorities and of their places of worship and remembrance (point 19). The recitals also recall the need to implement the Durban Declaration and Programme of Action (recital p).

Combating hate speech

The Council takes into account the Commission’s communication of December 9, 2021, “A more inclusive and protective Europe: extending the list of EU crimes to hate speech and hate crime,” in which the Commission proposed adding hate speech and hate crime to the list of so-called EU crimes (Article 83(1) TFEU), and notes “subsequent developments in the legislative process in this area” (recital o). In this context, the Council calls on the Member States’ governments to continue assessing “the remaining gaps in the EU framework with regards to combating hate speech and hate crime” (point 15).

The conclusions provide for strengthening the capacity of law enforcement and judicial authorities to detect and prosecute hate crime and illegal hate speech, while “strengthening also their capacities to respect human rights, especially the right to freedom of opinion and expression” (point 16). Law enforcement officers, members of the judiciary and public officials are to receive training in recognizing racial bias (point 16). Victims and witnesses of incidents are to be encouraged to report them, including through online tools that allow complaints to be filed anonymously (point 17). Law enforcement authorities are also to cooperate more closely with non-governmental organizations and victim support organizations in monitoring cases of racism (point 18).

The Council calls for full enforcement of the obligations under the Digital Services Act. These concern “the mitigation of systemic risks linked to illegal hate speech online” (point 20). Non-governmental organizations are to be encouraged to apply for the status of “trusted flaggers” so that action against illegal racist or discriminatory content is taken more quickly (point 21). At the same time, Member States are to protect them against strategic lawsuits against public participation (SLAPPs), that is, lawsuits aimed at stifling public debate (point 21). The document also notes that algorithmic systems and generative artificial intelligence may contribute to the dissemination of “harmful content online” (recital gg). It also calls for rules enabling victims to “prove algorithmic discrimination” (point 22).

In the recitals, the Council refers to the Code of Conduct on Countering Illegal Hate Speech Online+ and to cooperation between the Commission, the European Board for Digital Services, the Digital Services Coordinators, non-governmental organizations and online intermediaries (recital j). Member States are to encourage the “continued and meaningful participation” of platforms in this code (point 20). The conclusions also cite the work of the High-Level Group on Combating Hate Speech and Hate Crime, which includes representatives of civil society (recital t), and the recommendations of the Committee of Ministers of the Council of Europe on combating hate speech and hate crime (recital y).

Non-governmental organizations and other entities are to be continuously encouraged to apply for trusted flagger status, and governments are to support them in these efforts so that action against illegal racist or discriminatory content is taken more quickly (point 21).

The Council calls on the Member States to ensure that victims of online hate speech have access to reporting mechanisms, remedies and support services “in line with the revised Victims’ Rights Directive,” and that national authorities are prepared to prosecute online hate crime (point 23). Member States are also to address the “significant underreporting, to the relevant actors,” of incidents “of racial discrimination and racist hate crimes and hate speech, including online,” by increasing communities’ trust in law enforcement and public administration (point 18).

Intersectional discrimination and equality strategies

In the document, the Council points out that racism can be experienced throughout one’s life and that cumulative barriers create a phenomenon “commonly referred to as structural racism” (recital ee). These barriers may be compounded when racial or ethnic origin intersects with other characteristics, “such as sex, disability, age, religion or belief, sexual orientation or gender identity” (recital ee). A footnote to this recital refers to so-called cross-discrimination—called intersectional discrimination in the document—“understood as discrimination based on a combination of grounds protected under Art. 5(2) of Directive (EU) 2024/1499” (footnote 2).

In the conclusions, the Council calls on the Member States to apply anti-discrimination law also in cases of discrimination on grounds of racial or ethnic origin in combination with sex, disability, age, religion or belief, and sexual orientation (point 7). National action plans are to take into account so-called structural racism and an intersectional approach (point 9).

The Council calls on the Commission to continue supporting the implementation of the anti-racism strategy and “related Union of Equality strategies” (point 31). A footnote lists among them, inter alia, the Gender Equality Strategy 2026-2030 and the LGBTIQ+ Equality Strategy 2026-2030 (footnote 4). The Commission’s policies are to be consistent with them “to give full effect to the intersectional approach underpinning the Anti-Racism Strategy” (point 31). The Commission is also to support work on a non-binding working definition of structural racism (point 35).

Collection of statistical data

The Council calls on the Member States to explore ways of improving the collection, quality and comparability of data at national level (point 24). These could include “data broken down by racial or ethnic origin, religion, sex, sexual orientation, age, disability and socioeconomic status” (point 24). Such data are to be collected within the framework of national legislation and “with respect for the principle of voluntary self-identification” (point 24). Their collection must also be fully compliant with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (point 24). Member States are also to encourage the development, together with the Commission, the European Union Agency for Fundamental Rights and Eurostat, of a methodology allowing comparisons between countries (point 24).

Education and historical memory

Member States are encouraged to raise public awareness of “the benefits and richness of diversity of people within the EU,” while fostering dialogue between groups and emphasizing the shared identity of Europeans (point 25). Governments are to observe the International Day for the Elimination of Racial Discrimination and “remembrance days related to the history of colonialism and enslavement” (point 26). They are also called upon to continue Holocaust education and to respond to Holocaust denial and distortion, in line with the IHRA working definition (point 27).

The Council further calls on the Member States to participate in the joint Commission–UNESCO program on anti-racist education (point 28). Racism is to be combated “in and through education,” among other things by incorporating “diverse historical and contemporary perspectives” (point 28). The examples of topics that are to become core elements of such teaching include colonial history, the transatlantic slave trade and their consequences for Indigenous peoples (point 28).

Non-governmental organizations and their funding

The Council emphasizes the key role of non-governmental organizations in combating racism (recital ff). At the same time, it declares itself “deeply concerned about the shrinking of civic space.” Among the manifestations of this phenomenon, it lists disinformation campaigns, reduced funding and legal harassment of organizations combating racism (recital ff). The tasks of the Member States include “ensuring sufficient support to civil society organisations” (point 3).

The conclusions welcome the funding of projects under the Citizens, Equality, Rights and Values (CERV) program and under the proposed successor program, CERV+, within AgoraEU. They stipulate, however, that this is without prejudice to the ongoing discussions on the next EU multiannual budget (point 30). The Commission is to provide “adequate and dedicated financial support for civil society organisations and equality bodies” and facilitate the creation of a broader platform for cooperation with these entities (point 36). It is also to strengthen its cooperation with human rights defenders, especially those working to combat racism and for the rights of Indigenous peoples (point 37). The Council regards combating racism as part of the efforts to strengthen democratic resilience provided for under the European Democracy Shield (point 29).

Anti-Muslim hatred

The conclusions devote considerable space to anti-Muslim hatred, recognizing it as “a specific form of discrimination” (recital v). Member States are to acknowledge that it may involve “a combination of discrimination based on religion and culture, as well as on ethnicity” and requires “sustained attention” in national and EU strategies (point 14). The Council notes that the rise of this hostility has led many Muslims to develop ways of avoiding stigmatization in public life (recital kk). It also cites the UN resolution proclaiming March 15 the “International Day to Combat Islamophobia” (recital cc).

Although non-binding, the conclusions set the direction for the Union’s further action, and their adoption also required the consent of the Polish government. Under the banner of combating racism, the document brings together a wide range of issues, from the protection of minorities and curriculum content to the reference to gender identity and the LGBTIQ+ Equality Strategy. Particular concerns are raised by the reference to the idea of recognizing so-called hate speech as an EU crime and by the support for non-governmental organizations in obtaining trusted flagger status while also providing them with funding from the EU budget, which may lead to restrictions on freedom of speech on the Internet.

Patryk Ignaszczak – analyst at the Ordo Iuris Center for International Law

See also:

• Fighting Cyber Violence or Pushing LGBT Lobby Demands? EU Council Conclusions
• Freedom of Speech in the Digital Age – A UN Report
• “Freedom of Speech Under Pressure”: Ordo Iuris Opinion for the European Commission on the Guidelines for Trusted Flaggers
• Not Only the DSA: Systemic Threats to Freedom of Speech and the Integrity of Democratic Elections in the EU
• Who Will Check Social Media? Answer: Those on the European Commission’s List of “Trusted Flaggers”

Source of cover photo: iStock