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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

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What is bias crime: some definitions

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  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!

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