1 / 9

What is bias crime: some definitions

Workshop 24 Input by ILGA-Europe (policy and coalition opportunities) Joël Le Déroff – Senior Policy & Programmes Officer – 19 October 2012. What is bias crime: some definitions. A variety of definitions depending on European States… … but two basic elements: Existence of an offence

bairn
Download Presentation

What is bias crime: some definitions

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Workshop 24Input by ILGA-Europe(policy and coalition opportunities)Joël Le Déroff – Senior Policy & Programmes Officer – 19 October 2012

  2. What is bias crime: some definitions • A variety of definitions depending on European States… • … but two basic elements: • Existence of an offence • Existence of a bias motive • …and human rights related reasons to combat it: • A breach of several human rights: the right to life, the right to liberty and security, freedom of expression, prohibition of discrimination… • Hate crimes are an attack against a person, a group and against the whole society’s values • As a result, there is a need to prevent hate crimes and to provide a political response to that problem

  3. What is bias crime: some definitions • A growing political awareness? • Some encouraging cases (Finland, Hungary, Malta, Georgia) • Some less encouraging cases (Italian parliamentary debates) • How much data do we get: ILGA-Europe’s experience from our annual submission to the OSCE (Annual hate crime report of the ODIHR)

  4. Policy opportunities (1): international instruments A real political programme agreed by European States… (but not very well implemented) • Relevant instruments: • OSCE level: Ministerial Council Decision 9/09 of 2009 • Council of Europe level: Recommendation CM/Rec(2010)05 of 2010 • The actual commitments: • Tailored criminal legislation • Data collection schemes and publication of statistics • Measures to facilitate reporting and to promptly investigate • Training of police forces, prosecution services and the judiciary • Support to victims with “all relevant actors” • Cooperation with international bodies and with civil society organisations

  5. Policy opportunities (2): A new EU Directive The Victims’ Rights Directive • Adoption and transposition calendar, legal value • Contents of the Directive’s provision • No criminal law definition of hate related incidents • An individual assessment of all victims’ specific protection needs • Criteria: type of crime, including “crime committed with a bias or discriminatory motive, which could notably be related to their personal characteristics” • Personal characteristics include sex, sexual orientation, gender identity and expression • Consequences: trained professionals, possibility to avoid unnecessary hearing of victim on private life; possibility of non public court hearing • Additional policy opportunities: training of practitioners, support from victims support services, cooperation between services

  6. Policy opportunities (3): Next steps Adoption of relevant legislation • Role of evidence based advocacy, ILGA-Europe’s Documentation and Advocacy Fund project: • ILGA-Europe evidence-based advocacy with the support of the Dutch government: data collection and monitoring of CoE recommendation implementation • One new EU challenge: a Directive combating all forms of bias violence • A political challenge, with the needs for friendly States to take the lead • Outside the EU: still a hot question particularly when it comes to transphobia

  7. Policy opportunities (3): Next steps Adoption of relevant non-legislative policies • Dissemination of existing best practices in terms of policing, prosecution and the judiciary • Make use of police academies network • CEPOL (EU European Police College, producing “common curricula”) • AEPC (Association of European Police Colleges, broader than the EU) • Make use of international organisation tools: • The example of OSCE/ODIHR training schemes for law enforcement bodies

  8. An important note: coalition building • ILGA-Europe and other NGO networks (social sector and anti-discrimination) adopted a joint position in this area at the Social Platform. • Please make use of it! http://cms.horus.be/files/99907/MediaArchive/Policies/Fundamental_Rights/Social%20Platform%20Position%20on%20bias%20violence%20120925.pdf

  9. Thank you for your attention!

More Related