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Hate crime laws generally fall into one of several categories: (1) laws defining specific bias-motivated acts as distinct crimes; (2) criminal penalty-enhancement laws; (3) laws creating a distinct civil cause of action for hate crimes; and (4) laws requiring administrative agencies to collect hate crime statistics.[1] Sometimes (as in Bosnia and Herzegovina), the laws focus on war crimes, genocide, and crimes against humanity with the prohibition against discriminatory action limited to public officials.

Eurasia

Andorra

Discriminatory acts constituting harassment or infringement of a person's dignity on the basis of origin, citizenship, race, religion, or sex (Penal Code Article 313). Courts have cited bias-based motivation in delivering sentences, but there is no explicit penalty enhancement provision in the Criminal Code. The government does not track hate crime statistics, although they are relatively rare.[1]

Armenia

Armenia has a penalty-enhancement statute for crimes with ethnic, racial, or religious motives (Criminal Code Article 63).[1]

Austria

Austria has a penalty-enhancement statute for crimes with racist or xenophobic motivation (Penal Code section 33(5)).[1]

Azerbaijan

Azerbaijan has a penalty-enhancement statute for crimes motivated by racial, national, or religious hatred (Criminal Code Article 61). Murder and infliction of serious bodily injury motivated by racial, religious, national, or ethnic intolerance are distinct crimes (Article 111).[1]

Belarus

Belarus has a penalty-enhancement statute for crimes motivated by racial, national, and religious hatred and discord.[1][2]

Belgium

Belgium's Act of 25 February 2003 (“"aimed at combating discrimination and modifying the Act of 15 February 1993 which establishes the Centre for Equal Opportunities and the Fight against Racism"”) establishes a penalty-enhancement for crimes involving discrimination on the basis of sex, supposed race, color, descent, national or ethnic origin, sexual orientation, civil status, birth, fortune, age, religious or philosophical beliefs, current or future state of health and handicap or physical features. The Act also "provides for a civil remedy to address discrimination."[1] The Act, along with the Act of 20 January 2003 ("on strengthening legislation against racism”"), requires the Centre to collect and publish statistical data on racism and discriminatory crimes.[1]

Bosnia and Herzegovina

The Criminal Code of Bosnia and Herzegovina (enacted 2003) "contains provisions prohibiting discrimination by public officials on grounds, inter alia, of race, skin colour, national or ethnic background, religion and language and prohibiting the restriction by public officials of the language rights of the citizens in their relations with the authorities (Article 145/1 and 145/2).”"[3]

Bulgaria

Bulgarian criminal law prohibits certain crimes motivated by racism and xenophobia, but a 1999 report by the European Commission against Racism and Intolerance found that it does not appear that those provisions "have ever resulted in convictions before the courts in Bulgaria."[4]

Croatia

Croatian law allows for consideration of any extenuating or aggravating circumstances in sentencing, but no explicit provision is made for bias-based motivations.[1]

Czech Republic

"The Czech Criminal Code defines racist motivation as a specific aggravating circumstance that judges are required to take into account in sentencing, as well as defining specific racist acts as crimes. Section 196 punishes “'violence against a group of inhabitants and against individuals on the basis of race, nationality, political conviction or religion.”'"[1]

Denmark

Although Danish law does not include explicit hate crime provisions, "section 80(1) of the Criminal Code instructs courts to take into account the gravity of the offence and the offender's motive when meting out penalty, and therefore to attach importance to the racist motive of crimes in determining sentence."[5] In recent years judges have used this provision to increase sentences on the basis of racist motives.[1][6]

Since 1992, the Danish Civil Security Service (PET) has released statistics on crimes with apparent racist motivation.[1]

England and Wales

In England and Wales, hate crimes may be physical attack, verbal attack, threats or insults and will be considered a hate crime if they are motivated by the victims race, colour, ethnic origin, nationality or national origins, religion, gender or gender identity, sexual orientation or disability.[7]

In 2007-08 police recorded 4,823 racially or religiously motivated crimes in which somebody was injured, 4,320 crimes without injury and 26,495 cases of harassment.There were also 4,005 cases of criminal damage related to hate crimes. [www.homeoffice.gov.uk]

The Metropolitan police in London identified the typical hate offender as "A young white male who lives locally to the victim. Most homophobic offenders are aged 16-20, and most race hate offenders are under 30".

Finland

Finnish Penal Code 515/2003 (enacted January 31, 2003) makes "committing a crime against a person, because of his national, racial, ethnical or equivalent group" an aggravating circumstance in sentencing.[1][8] In addition, ethnic agitation (Template:Lang-fi) is criminalized and carries a fine or a prison sentence of not more than two years. The prosecution need not prove that an actual danger to an ethnic group is caused but only that malicious message is emissioned. A more aggravated hate crime, warmongering (Template:Lang-fi), carries a prison sentence of one to ten years. However, in case of warmongering, the prosecution must prove an overt act that evidently increases the risk that Finland is involved in a war or becomes a target for a military operation. The act in question may consist of

  1. illegal violence directed against foreign country or her citizens,
  2. systematic dissemination of false information on Finnish foreign policy or defence
  3. public influence on the public opinion towards a pro-war viewpoint or
  4. public suggestion that a foreign country or Finland should engage in an aggressive act.[9]

France

In 2003, France enacted penalty-enhancement hate crime laws for crimes motivated by bias against the victim's actual or perceived ethnicity, nation, race, religion, or sexual orientation. The penalties for murder were raised from 30 years (for non-hate crimes) to life imprisonment (for hate crimes), and the penalties for violent attacks leading to permanent disability were raised from 10 years (for non-hate crimes) to 15 years (for hate crimes).[1][10]

Georgia

"There is no general provision in Georgian law for racist motivation to be considered an aggravating circumstance in prosecutions of ordinary offenses. Certain crimes involving racist motivation are, however, defined as specific offenses in the Georgian Criminal Code of 1999, including murder motivated by racial, religious, national or ethnic intolerance (article 109); infliction of serious injuries motivated by racial, religious, national or ethnic intolerance (article 117); and torture motivated by racial, religious, national or ethnic intolerance (article 126). ECRI reported no knowledge of cases in which this law has been enforced. There is no systematic monitoring or data collection on discrimination in Georgia."[1]

Germany

The German Criminal Code does not know any direct penalty-enhancement laws in connection with hate or bias. In the German legal framework motivation is not taken into account while identifying the element of the offence. However within the sentencing procedure the judge can define certain principles for determining punishment. In section 46 of the German Criminal Code it is stated that "the motives and aims of the perpetrator; the state of mind reflected in the act and the wilfulness involved in its commission."[11] can be taken into consideration when determining the punishment. In the past hate and bias was regarded here.[12]

The only section in the German Criminal Code where hate and/or bias could be taken into consideration (more or less) directly in case of a violent hate crime is 211 (Murder). The qualification for murder (imprisonment for life) instead of manslaughter (imprisonment not less than five years) is stated in paragraph 2 of section 211: "A murderer is, whoever kills a human being out of murderous lust, to satisfy his sexual desires, from greed or otherwise base motives, treacherously or cruelly or with means dangerous to the public or in order to make another crime possible or cover it up."[13] In the past judges confirmed racial hate and xenophobia as being "otherwise base motives" that enhances a manslaughter to murder.[14]

Besides that the German Criminal Code holds sections against hate speech. Sections 86, 86a were introduced to defend against the ideas of National Socialism. The underlying principle is that propaganda material from forbidden organizations and parties (to which the NSDAP but also modern hate groups belong) can affect the public peace and safety as well as the Free Democratic Basic Order of Germany and therefore may lead to violence.

Section 130 states: "(1) Whoever, in a manner that is capable of disturbing the public peace: 1. incites hatred against segments of the population or calls for violent or arbitrary measures against them; or 2. assaults the human dignity of others by insulting, maliciously maligning, or defaming segments of the population, shall be punished with imprisonment from three months to five years. (...) (3) Whoever publicly or in a meeting approves of, denies or renders harmless an act committed under the rule of National Socialism of the type indicated in Section 220a subsection (1), in a manner capable of disturbing the public peace shall be punished with imprisonment for not more than five years or a fine."[15]

Again the public peace and safety is protected and not the bodily integrity of an individual. Especially paragraph 3 shows a huge difference between Germany and (for example) the U.S. in defining the freedom of speech. In this case the so called "Auschwitz lie" – denying, approving or rendering harmless the Holocaust – is considered to disrespect the suffering of all victims. The legally protected interest of the human dignity (in Germany section 1 of the Grundgesetz (constitution)) limits the legally protected interest of freedom of speech (section 5 of the German Grundgesetz). In the U.S. this would be vice versa.[12]

Greece

Article Law 927/1979 "Section 1,1 penalises incitement to discrimination, hatred or violence towards individuals or groups because of their racial, national or religious origin, through public written or oral expressions; Section 1,2 prohibits the establishment of, and membership in, organisations which organise propaganda and activities aimed at racial discrimination; Section 2 punishes public expression of offensive ideas; Section 3 penalises the act of refusing, in the exercise of one’s occupation, to sell a commodity or to supply a service on racial grounds."[16] Public prosecutors may press charges even if the victim does not file a complaint. However, as of 2003, no convictions had been attained under the law.[17]

Hungary

Violent action, cruelty, and coercion by threat made on the basis of the victim's actual or perceived national, ethnic, or religious status are punishable under article 174/B of the Hungarian Criminal Code.[1]

Iceland

Section 233 of the Icelandic Penal Code states "Anyone who in a ridiculing, slanderous, insulting, threatening or any other manner publicly assaults a person or a group of people on the basis of their nationality, skin colour, race, religion or sexual orientation, shall be fined or jailed for up to 2 years." (The word "assault" in this context does not refer to physical violence, only to expressions of hatred.)

Icelandic Penal Code (in Icelandic)

Iran

Iranian constitution's article 19 states: All people of Iran, whatever the ethnic group or tribe to which they belong, enjoy equal rights; color, race, language, and the like, do not bestow any privilege.

Iranian constitution's article 20 states: All citizens of the country, both men and women, equally enjoy the protection of the law and enjoy all human, political, economic, social, and cultural rights, in conformity with Islamic criteria.

Iranian constitution's article 14 prohibits the maltreatment of the non-islamic recognized minorities: In accordance with the sacred verse "God does not forbid you to deal kindly and justly with those who have not fought against you because of your religion and who have not expelled you from your homes" [60:8], the government of the Islamic Republic of Iran and all Muslims are duty-bound to treat non-Muslims in conformity with ethical norms and the principles of Islamic justice and equity, and to respect their human rights. This principle applies to all who refrain from engaging in conspiracy or activity against Islam and the Islamic Republic of Iran.[18]

In spite of this, it is well known throughout the international community that Iran has and continues to have state-sponsored torture and executions of homosexuals, as sexual orientation is not recognized as a protected class within the state and homosexuality is treated as a violation of Islamic law.[19][20][21][22][23]

Ireland

"The Prohibition of Incitement to Hatred Act 1989" makes it an offense to incite hatred against any group of persons on account of their race, color, nationality, religion, sexual orientation, ethnic or national origins, or membership of the Traveller community, an indigenous minority group."[1]

Ireland does not systematically collect hate crime data.[1]

Italy

Italian criminal law, at Section 3 of Law No. 205/1993, contains a penalty-enhancement provision for all crimes motived by racial, ethnic, national, or religious bias.[1]

Kazakhstan

In Kazakhstan, there are constitutional provisions prohibiting propaganda promoting racial or ethnic superiority.[1]

Kyrgyzstan

In Kyrgyzstan, "the Constitution of the State party prohibits any kind of discrimination on grounds of origin, sex, race, nationality, language, faith, political or religious convictions or any other personal or social trait or circumstance, and that the prohibition against racial discrimination is also included in other legislation, such as the Civil, Penal and Labour Codes."[24]

Article 299 of the Criminal Code defines incitement to national, racist, or religious hatred as a specific offense. This article has been used in political trials of suspected members of the banned organization Hizb-ut-Tahrir.[1][25]

Scotland

In Scottish Common law the courts can take any aggravating factor into account when sentencing someone found guilty of an offence. There is specific legislation dealing with the offences of incitement of racial hatred, racially-aggravated harassment and offences aggravated by religious prejudice. A Scottish Executive working party examined the issue of hate crime and ways of combating crime motivated by social prejudice, reporting in 2004.[26] Its main recommendations were not implemented, but in their manifestos for the Scottish Parliament election, 2007 several political parties included commitments to legislate in this area, including the Scottish National Party who now form the Scottish Government. The Offences (Aggravation by Prejudice) (Scotland) Bill was introduced on 19 May 2008 by Patrick Harvie MSP,[27] having been prepared with support from the Scottish Government, and passed unanimously by the parliament on 3 June 2009.[28]

Spain

Article 22(4) of the Spanish Penal Code includes a penalty-enhancement provision for crimes motivated by bias against the victim's ideology, beliefs, religion, ethnicity, race, nationality, gender, sexual orientation, illness, or disability.[1]

Sweden

Article 29 of the Swedish Penal Code includes a penalty-enhancement provision for crimes motivated by bias against the victim's race, color, nationality, ethnicity, sexual orientation, religion, or "other circumstance" of the victim.[1]

Eurasian countries with no hate crime laws

Albania, Cyprus, Estonia, San Marino, and Slovenia have no hate crime laws.[1]

North America

Canada

Main article: Hate speech laws in Canada

Constitutional scholar Joseph Magnet argues that Canada has more hate crime legislation forbidding certain ideas from being promulgated than any other country in the world.[29] Since 1966 the Canadian Criminal Code has included a penalty-enhancement provision for crimes "motivated by bias, prejudice or hate based on racial group, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor."[30][31] In Section 319 the Code punishes anyone who "advocates or promotes genocide" with genocide defined to require that acts be committed "with intent to destroy in whole or in part any identifiable group".[31] "Identifiable group" is defined as "any section of the public distinguished by skin color, racial group, religion, ethnic origin or sexual orientation."[1][31] Civil remedies are also available in Canada for discriminatory acts.[1]

United States

Main article: Hate crime laws in the United States

Defined in the 1999 National Crime Victim Survey, "A hate crime is a criminal offense. In the United States federal prosecution is possible for hate crimes committed on the basis of a person's race, religion, or nation origin when engaging in a federally protected activity." In 2009, the Matthew Shepard Act added perceived gender, gender identity, sexual orientation, and disability to the federal definition, and dropped the prerequisite that the victim be engaging in a federally-protected activity.

Forty-five states and the District of Columbia have statutes criminalizing various types of hate crimes. Thirty-one states and the District of Columbia have statutes creating a civil cause of action in addition to the criminal penalty for similar acts. Twenty-seven states and the District of Columbia have statutes requiring the state to collect hate crime statistics[32]

According to the FBI Hate Crime Statistics report for 2006, hate crimes increased nearly 8% nationwide, with a total of 7,722 incidents and 9,080 offenses reported by participating law enforcement agencies. Of the 5,449 crimes against persons, 46% were classified as intimidation and 31.9% as simple assaults. 81% of the 3,593 crimes against property were acts of vandalism or destruction.[33]

However, according to the FBI Hate Crime Statistics for 2007, the number of hate crimes decreased to 7,624 incidents reported by participating law enforcement agencies.[34] These incidents included 9 murders and 2 rapes(out of the almost 17,000 murders and 90,000 forcible rapes committed in the U.S. in 2007).[35]

Attorney General Eric Holder said in June 2009 that recent killings show the need for a tougher U.S. hate crimes law to stop "violence masquerading as political activism".[36]

Deliberate attacks on the homeless as hate crimes

A 2007 study found that the number of violent crimes against the homeless is increasing.[37][38] The rate of such documented crimes in 2005 was 30% higher than of those in 1999.[39] 75% of all perpetrators are under the age of 25. Studies and surveys indicate that homeless people have a much higher criminal victimization rate than the non-homeless, but that most incidents never get reported to authorities.

In recent years, largely due to the efforts of the National Coalition for the Homeless (NCH) and academic researchers the problem of violence against the homeless has gained national attention. The NCH called deliberate attacks against the homeless hate crimes in their report Hate, Violence, and Death on Mainstreet USA (they retain the definition of the American Congress).

The Center for the Study of Hate & Extremism at California State University, San Bernardino in conjunction with the NCH found that 155 homeless people were killed by non-homeless people in "hate killings", while 76 people were killed in all the other traditional hate crime homicide categories such as race and religion, combined.[38] The CSHE contends that negative and degrading portrayals of the homeless contribute to a climate where violence takes place.

South America

Brazil

In Brazil, hate crime laws focus on racism, racial injury, and other special bias-motivated crimes such as, for example, murder by death squads[40] and genocide on the grounds of nationality, ethnicity, race or religion.[41] Murder by death squads and genocide are legally classified as "hideous crimes" (crimes hediondos in Portuguese).[42]

The crimes of racism and racial injury, although similar, are enforced slightly differently.[43] Article 140, 3rd paragraph, of the Penal Code establishes a harsher penalty, from a minimum of 1 year to a maximum of 3 years, for injuries motivated by "elements referring to race, color, ethnicity, religion, origin, or the condition of being an aged or disabled person".[44] On the other side, Law 7716/1989 covers "crimes resulting from discrimination or prejudice on the grounds of race, color, ethnicity, religion, or national origin".[45]

In addition, the Brazilian Constitution defines as a "fundamental goal of the Republic" (Article 3rd, clause IV) "to promote the wealth of all, with no prejudice as to origin, race, sex, color, age, and any other forms of discrimination".[46]

See also

References

  1. 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 Microsoft Word - Everyday Fears FINAL for web.doc
  2. Criminal Code of the Republic of Belarus, § 64 (1), para. 9 (translated from the Russian), June 9, 1999.
  3. Office of the High Representative, Criminal Code of Bosnia and Herzegovina, January 2003.
  4. ECRI, “Second Report on Bulgaria,” adopted on June 18, 1999, and made public on March 21, 2000.
  5. ECRI, “Second Report on Denmark,” adopted on June 16, 2000, and made public on April 3, 2001, para. 9.
  6. Chahrokh, Klug, and Bilger, Migrants, Minorities, and Legislation.
  7. Cite error: Invalid <ref> tag; no text was provided for refs named ovrbwx
  8. EUMC, “Racism and xenophobia in the E.U.,” p. 51.
  9. Penal Code (39/1889) as of 1006/2004. §§ 6:5.1.4 (ethnic hatred as an aggravating factor), 11:8 (ethnic agitation) and 12:2 (warmongering). The points cited remain in force on the day of retrieval, checked from the Finnish version: Rikoslaki. The Government proposal HE 55/2007 will move the § 11:8 to §11:10 without changing the content, if the proposal is passed by the Parliament of Finland. Retrieved 11-23-2007.
  10. Loi n° 2003-88 du 3 février 2003 visant à aggraver les peines punissant les infractions à caractère raciste, antisémite ou xénophobe
  11. http://www.iuscomp.org/gla/statutes/StGB.htm#46
  12. 12.0 12.1 Marc Coester (2008): Das Konzept der Hate Crimes aus den USA unter besonderer Berücksichtigung des Rechtsextremismus in Deutschland. Peter Lang: Frankfurt/Berlin/Bern/Bruxelles/New York/Oxford/Wien
  13. http://www.iuscomp.org/gla/statutes/StGB.htm#211
  14. BGH, Decision from 7. September 1993 – 5 StR 455/93
  15. http://www.iuscomp.org/gla/statutes/StGB.htm#130
  16. ECRI, “Second Report on Greece,” adopted on 1999-12-10, and made public on 2000-06-27.
  17. Sitaropoulos, N.: “Executive Summary on Race Equality Directive, State of Play in Greece, section 5, 2003-10-12. Retrieved on 2007-08-02.
  18. ICL - Iran - Constitution
  19. Search the Iran Human Rights Memorial, Omid - Boroumand Foundation for Human Rights in Iran
  20. WikiNews: Execution of two gay teens in Iran spurs controversy
  21. SkyNews: Day 58: Obama Backs Global Gay Rights
  22. The Washington Post: Pictures From An Execution Come Into Focus
  23. The Independent: Brutal land where homosexuality is punishable by death
  24. CERD, Consideration of Reports Submitted by States Parties under Article 9 of the Convention; Concluding Observations: Kyrgyzstan, 1999. Retrieved on 2007-08-02.
  25. “Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2004 (Events of 2003), International Helsinki Federation,” 2004-06-23. Retrieved on 2007-08-02.
  26. [1][dead link]
  27. Offences (Aggravation by Prejudice) (Scotland) Bill
  28. 8078988.stm MSPs approve new hate crime laws BBC News 3 June 2009
  29. Magnet, Joseph. Free Expression.
  30. Canadian Criminal Code, Subparagraph 718.2(a)(i)
  31. 31.0 31.1 31.2 CBC News Indepth: Hate Crimes. URL accessed on 2009-10-19.
  32. State Hate Crime Laws, Anti-Defamation League, June 2006. Retrieved 2007-05-04.
  33. Statistics, 2006Hate Crime Statistics, 2006, Federal Bureau of Investigation
  34. Statistics, 2007Hate Crime Statistics, 2007, Federal Bureau of Investigation
  35. Statistics, 2007FBI Crime in the United States 2007, Federal Bureau of Investigation
  36. Attorney general urges new hate crimes law - Crime & courts- msnbc.com
  37. Lewan, Todd, "Unprovoked Beatings of Homeless Soaring", Associated Press, April 8, 2007.
  38. 38.0 38.1 National Coalition for the Homeless: Hate, Violence, and Death on Main Street USA: A report on Hate Crimes and Violence Against People Experiencing Homelessness, 2006", February 2007.
  39. National Coalition for the Homeless: A Dream Denied.
  40. Português:

    http://www.planalto.gov.br/ccivil_03/Leis/L8072.htm (Law 8072/1990, Article 1st, I)

  41. Português:

    http://www.planalto.gov.br/ccivil_03/Leis/L2889.htm (Law 2889/1956, Article 1st)

  42. Law 8072/1990 (aforementioned link), Article 1st, I and single paragraph.
  43. Português:

    http://www.boletimjuridico.com.br/doutrina/texto.asp?id=662

  44. Português:

    http://www.planalto.gov.br/ccivil_03/Decreto-Lei/Del2848compilado.htm

  45. Português:

    http://www.planalto.gov.br/ccivil_03/Leis/L7716.htm

  46. Português:

    http://www.planalto.gov.br/ccivil_03/Constituicao/Constituiçao_Compilado.htm

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