Workshop 24
Input by ILGA-Europe
(policy and coalition opportunities)
Joël Le Déroff – Senior Policy & Programmes Officer – 19 October 2012
www.ilga-europe.org
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
www.ilga-europe.org
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)
www.ilga-europe.org
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:
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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
www.ilga-europe.org
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
www.ilga-europe.org
services
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
www.ilga-europe.org
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
www.ilga-europe.org
An important note: coalition building
ILGA-Europe and other NGO networks (social sector and antidiscrimination) adopted a joint position in this area at the
Social Platform.
Please make use of it!
http://cms.horus.be/files/99907/MediaArchive/Policies/Fundam
ental_Rights/Social%20Platform%20Position%20on%20bias%2
0violence%20120925.pdf
www.ilga-europe.org
Thank you for your attention!
www.ilga-europe.org