Regarding your other point about race, what race actually is, is that it is a societal concept, not a scientific one. Race is considered a pseudoscientific term now as it is pretty undefinable and now science uses the term ethnicity instead. In this case, the Dutch court would have been correct in some respects to count Moroccans as a "race" as they are certainly an ethnic group, therefore part of a "race" and protected against discrimination.
A conviction can only happen if the legislator (at the time of making the legislation!) intended for something to be punishable. So this trend might be true - but that doesn't mean it has implications on criminal law.
Caught up in the game