Tackling hate crime against disabled people Ruth Bashall, Disability Rights Campaigner, Director, Stay Safe East September 2013 East About Stay Safe East A user- led organisation of disabled people Hate crime, bullying, anti-social behaviour, domestic and sexual violence, institutional abuse Accessible third party reporting site Advocacy and casework Informing disabled people of their rights Working with partners for change Prevention and inclusion work Training and consultancy East What is hate crime? A Hate Crime is ” Any crime that is perceived, by the victim or another person, to have been motivated by hostility or prejudice based on a person’s race, religion, sexual orientation, disability or transgender identity.” Hate crime is… • Name calling, spitting • Grabbing someone’s walking frame, crutches or cane • Deliberately doing something that will make the person’s impairment worse • Bullying at school, on the bus or a day centre • Repeated threats • Vandalism, arson • Physical or sexual assault • Murder • Disabled people can be victims of racist, homophobic, faith or transgender hate crime as well as disability hate crime Harassment and violence against Deaf and disabled people • Disabled people are 3 times more likely to experience violence than non-disabled people (Source: United Nations) BME and LGBT disabled people more likely to be victims of harassment (Galop); 80% of young people with Special Educational Needs Statements have being bullied • British Crime Survey 2010/11: 65,000 disability hate crimes • Disabled people less likely to have confidence in the police and the criminal justice system or to be satisfied with the service they get • In 2011/12, 43,748 hate crimes were recorded by the police: – 35,816 (82 per cent) were race hate crimes – 1,621 (4 per cent) were faith hate crimes – 4,252 (10 per cent) were sexual orientation hate crimes – 315 (1 per cent) were transgender hate crimes – 1,744 (4 per cent) were disability hate crimes (disabled people are between 16% and 20% of the population) (Source: Home Office 2012) A human right for everyone? UN convention on rights of persons with disabilities Article 16: Freedom from exploitation, violence and abuse “States… shall take all appropriate measures to protect persons with disabilities both within and outside the home from all forms of exploitation, violence and abuse including their gender based aspects.” Human Rights Act (UK law) Article 3 The right to be free from torture, inhuman or degrading treatment or punishment We have the right To be treated with respect To be safe To be treated equally To privacy To make our own decisions To family life Hate crime and the law Civil law: • Public authorities have a duty to “ have due regard to eliminating victimisation and harassment” against disabled people and other groups (Equality Act 2010) • Housing Act 1996 Injunctions by landlords, repossessions etc Criminal law • Criminal Justice Act 2003 – Section 146: An increase in sentence if the offence can be shown to be motivated wholly or partly by hostility towards disabled people. However Disability hate crime is not a crime in law– the same applies to transphobic hate crime – Racist, homophobic and faith hate crime are crimes in law. Barriers to getting justice or resolution • Deaf and disabled people don’t know their rights and see hate crime as ‘part of life’ • Barriers: communication, physical barriers, information, lack of home visits, attitude to disabled people • Failure by agencies to identify hate crime • Treated as anti-social behaviour and dealt with by Safer Neighbourhood rather than by Community Safety Unit who deal with hate crime • Disabled people in contact with agencies do not always get justice • Hate crime is slipping off the political agenda and is no longer a priority for local authorities and the police Will the service be accessible? Who can I Tell about this? Will they put me in a home? Will I be believed and respected? • • • • • • • • • Campaigning for action on disability hate crime: the Waltham Forest experience 3 years of building partnerships and trust with police, the council, housing and local community agencies Stay Safe East’s input and expertise have been welcomed Active members of the Crime Reduction Partnership (SafetyNet) We use casework to inform campaigning and policy Regular meetings with the Police Borough Commander Training for police and local authority Starting work with schools Monitoring and scrutiny – learning from cases Involving our users through our Women’s Group Some changes…. • 30% of cases refered to ASBRAC (anti-social behaviour panel) are disabled people – actions are taken • Victim support services are more accessible • Disabled victims’ needs are being met more often than before by police e.g. BSL interpreters • Disabled people better informed and less isolated • Positive leadership from police borough commander • Disability lead officer in local police, victim’s champion in local authority • Police officers more aware • Increasing numbers of hate crimes identified by the police • Disability hate crime back on the agenda? East Some tips for action East • Support disabled people to report hate crime • DDPOs as independent third party reporting sites for hate crime • Inform disabled people about their rights – Accessible materials and approach – Talk to community groups and agencies in contact with disabled people – Focus on specific communities e.g Deaf community, LGBT groups, refugees, families of disabled people • Educate police, social workers, housing officers and other professionals Getting involved East • Get your facts rights, bring evidence of what is happening – local and national • Speak to Councillors and your MPs • Ask to meet with the police Borough Commander – ask what he or she is doing about hate crime against disabled people? • Ask to join your local Crime Reduction Partnership • Make allies – you can’t do this alone • Challenge bad practice • Be prepared to be there for the long run – and to have to fight to get heard! • Nothing will change unless we make it! Nothing About Us Without Us! Disabled people’s rights are human rights Contact us Stay Safe East 90 Crownfield Road London E15 2BG T: 0208 519 7241 Mobile and SMS: 07587 134 122 director@staysafe-east.org.uk East