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==Hate crime laws== |
==Hate crime laws== |
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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.<ref name="human">[http://www.humanrightsfirst.org/discrimination/pdf/everyday-fears-080805.pdf Microsoft Word - Everyday Fears FINAL for web.doc<!--Bot-generated title-->]</ref> 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. |
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| − | ===Eurasia=== |
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| − | ==== Andorra ==== |
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| − | 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.<ref name="human" /> |
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| − | ====Armenia==== |
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| − | [[Armenia]] has a penalty-enhancement statute for crimes with ethnic, racial, or religious motives (Criminal Code Article 63).<ref name="human" /> |
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| − | ====Austria==== |
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| − | [[Austria]] has a penalty-enhancement statute for crimes with racist or xenophobic motivation (Penal Code section 33(5)).<ref name="human" /> |
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| − | ====Azerbaijan==== |
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| − | [[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).<ref name="human" /> |
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| − | ====Belarus==== |
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| − | [[Belarus]] has a penalty-enhancement statute for crimes motivated by racial, national, and religious hatred and discord.<ref name="human" /><ref>[http://www.pravo.by/webnpa/text.asp?RN=HK9900275 Criminal Code of the Republic of Belarus, § 64 (1), para. 9 (translated from the Russian)], June 9, 1999.</ref> |
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| − | ====Belgium==== |
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| − | [[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."<ref name="human" /> 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.<ref name="human" /> |
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| − | ====Bosnia and Herzegovina==== |
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| − | 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)."<ref>Office of the High Representative, [http://www.ohr.int/decisions/judicialrdec/doc/HiRep-dec-101-law-crim-code-bih.doc Criminal Code of Bosnia and Herzegovina], January 2003.</ref> |
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| − | ====Bulgaria==== |
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| − | [[Bulgaria]]n 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."<ref>ECRI, Second Report on Bulgaria, adopted on June 18, 1999, and made public on March 21, 2000.</ref> |
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| − | ====Croatia==== |
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| − | [[Croatia]]n law allows for consideration of any extenuating or aggravating circumstances in sentencing, but no explicit provision is made for bias-based motivations.<ref name="human" /> |
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| − | ====Czech Republic==== |
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| − | "The [[Czech Republic|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.'"<ref name="human" /> |
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| − | ====Denmark==== |
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| − | Although [[Denmark|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."<ref>ECRI, Second Report on Denmark, adopted on June 16, 2000, and made public on April 3, 2001, para. 9.</ref> In recent years judges have used this provision to increase sentences on the basis of racist motives.<ref name="human" /><ref>Chahrokh, Klug, and Bilger, Migrants, Minorities, and Legislation.</ref> |
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| − | Since 1992, the Danish Civil Security Service (PET) has released statistics on crimes with apparent racist motivation.<ref name="human" /> |
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| − | ====England and Wales==== |
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| − | In [[England and Wales]], hate crimes may be physical attack, [[verbal]] attack, [[Intimidation|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.<ref name = "ovrbwx"/> |
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| − | 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] |
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| − | 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". |
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| − | ====Finland==== |
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| − | [[Finland|Finnish]] Penal Code 515/2003 (enacted January 31, 2003) makes "committing a crime against a person, |
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| − | because of his national, racial, ethnical or equivalent group" an aggravating circumstance in sentencing.<ref name="human" /><ref>EUMC, Racism and xenophobia in the E.U., p. 51.</ref> In addition, ethnic agitation ({{lang-fi|kiihotus kansanryhmää vastaan}}) 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]] ({{lang-fi|sotaan yllyttäminen}}), 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 |
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| − | #illegal violence directed against foreign country or her citizens, |
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| − | #systematic dissemination of false information on Finnish foreign policy or defence |
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| − | #public influence on the public opinion towards a pro-war viewpoint or |
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| − | #public suggestion that a foreign country or Finland should engage in an aggressive act.<ref>[http://www.finlex.fi/en/laki/kaannokset/1889/en18890039.pdf 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: [http://www.finlex.fi/fi/laki/ajantasa/1889/18890039001 Rikoslaki]. The Government proposal [http://217.71.145.20/TRIPviewer/show.asp?tunniste=HE+55/2007&base=erhe&palvelin=www.eduskunta.fi&f=WORD 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.</ref> |
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| − | ====France==== |
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| − | 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).<ref name="human" /><ref>''[http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000781920 Loi n° 2003-88 du 3 février 2003 visant à aggraver les peines punissant les infractions à caractère raciste, antisémite ou xénophobe]''</ref> |
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| − | ====Georgia==== |
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| − | "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 |
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| − | 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."<ref name="human" /> |
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| − | ====Germany==== |
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| − | The [[German Criminal Code]] does not know any direct penalty-enhancement laws in connection with [[Hatred|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."<ref>http://www.iuscomp.org/gla/statutes/StGB.htm#46</ref> can be taken into consideration when determining the [[punishment]]. In the past hate and bias was regarded here.<ref name="Marc Coester 2008">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</ref> |
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| − | 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."<ref>http://www.iuscomp.org/gla/statutes/StGB.htm#211</ref> In the past judges confirmed racial hate and [[xenophobia]] as being "otherwise base motives" that enhances a manslaughter to murder.<ref>BGH, Decision from 7. September 1993 – 5 StR 455/93</ref> |
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| − | 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. |
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| − | Section 130 states: |
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| − | "(1) Whoever, in a manner that is capable of disturbing the public peace: |
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| − | 1. incites hatred against segments of the population or calls for violent or arbitrary measures against them; or |
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| − | 2. assaults the human dignity of others by insulting, maliciously maligning, or defaming segments of the population, |
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| − | shall be punished with imprisonment from three months to five years. |
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| − | (...) |
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| − | (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."<ref>http://www.iuscomp.org/gla/statutes/StGB.htm#130</ref> |
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| − | 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.<ref name="Marc Coester 2008"/> |
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| − | ====Greece==== |
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| − | Article Law 927/1979 "Section 1,1 penalises incitement to discrimination, hatred or violence towards individuals or groups because of |
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| − | their racial, national or religious origin, through public written or oral expressions; Section 1,2 prohibits the |
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| − | establishment of, and membership in, organisations which organise propaganda and activities aimed at racial |
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| − | discrimination; Section 2 punishes public expression of offensive ideas; Section 3 penalises the act of refusing, |
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| − | in the exercise of one’s occupation, to sell a commodity or to supply a service on racial grounds."<ref>ECRI, Second Report on Greece, adopted on 1999-12-10, and made public on 2000-06-27.</ref> 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.<ref>Sitaropoulos, N.: [http://europa.eu.int/comm/employment_social/fundamental_rights/pdf/legisln/msracequality/greece.pdf Executive Summary on Race Equality Directive, State of Play in Greece], section 5, 2003-10-12. Retrieved on 2007-08-02.</ref> |
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| − | ====Hungary==== |
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| − | 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 [[Hungary|Hungarian]] Criminal Code.<ref name="human" /> |
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| − | ====Iceland==== |
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| − | 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.) |
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| − | [http://www.althingi.is/lagas/135a/1940019.html Icelandic Penal Code (in Icelandic)] |
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| − | ====Iran==== |
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| − | 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. |
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| − | 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. |
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| − | 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.<ref>[http://www.servat.unibe.ch/law/icl/ir00000_.html ICL - Iran - Constitution<!-- Bot generated title -->]</ref> |
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| − | 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.<ref name=IranHumanRights>[http://www.iranrights.org/english/memorial-search.php?do_search=Search&charges=1778515990&pagenum=1 Search the Iran Human Rights Memorial, Omid - Boroumand Foundation for Human Rights in Iran]</ref><ref name=WikiNews>[http://en.wikinews.org/wiki/Execution_of_two_gay_teens_in_Iran_spurs_controversy WikiNews: Execution of two gay teens in Iran spurs controversy]</ref><ref name=SkyNews>[http://blogs.news.sky.com/boultonsobama100/Post:5fce6568-a5b4-4473-abc5-1ebd926b524d SkyNews: Day 58: Obama Backs Global Gay Rights]</ref><ref name=WashPostIran>[http://www.washingtonpost.com/wp-dyn/content/article/2006/07/19/AR2006071902061.html The Washington Post: Pictures From An Execution Come Into Focus]</ref><ref name=TheIndie>[http://www.independent.co.uk/news/world/middle-east/brutal-land-where-homosexuality-is-punishable-by-death-792057.html The Independent: Brutal land where homosexuality is punishable by death]</ref> |
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| − | ====Ireland==== |
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| − | "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."<ref name="human" /> |
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| − | [[Ireland]] does not systematically collect hate crime data.<ref name="human" /> |
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| − | ====Italy==== |
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| − | 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.<ref name="human" /> |
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| − | ====Kazakhstan==== |
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| − | In [[Kazakhstan]], there are constitutional provisions prohibiting propaganda promoting racial or ethnic superiority.<ref name="human" /> |
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| − | ====Kyrgyzstan==== |
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| − | 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."<ref>[http://wwjaiw.unhchr.ch/tbs/DOC.NSF/8e9c603f486cdf83802566f8003870e7/1b14be971da31f368025686a00522889?OpenDocument#A%2F54%2F18E CERD, Consideration of Reports Submitted by States Parties under Article 9 of the Convention; Concluding Observations: Kyrgyzstan], 1999. Retrieved on 2007-08-02.</ref> |
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| − | 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]].<ref name="human" /><ref>[http://www.ihfhr.org/documents/doc_summary.php?sec_id=3&d_id=3860 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.</ref> |
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| − | ====Scotland==== |
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| − | In [[Scotland|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.<ref>[http://www.scotland.gov.uk/Topics/Justice/criminal/17543/8978]{{Dead link|date=June 2009}}</ref> 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,<ref>[http://www.scottish.parliament.uk/s3/bills/09-AggPrej/index.htm Offences (Aggravation by Prejudice) (Scotland) Bill]</ref> having been prepared with support from the Scottish Government, and passed unanimously by the [[Scottish Parliament|parliament]] on 3 June 2009.<ref>[http://news.bbc.co.uk/1/hi/scotland 8078988.stm MSPs approve new hate crime laws] BBC News 3 June 2009</ref> |
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| − | ====Spain==== |
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| − | 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.<ref name="human" /> |
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| − | ====Sweden==== |
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| − | 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.<ref name="human" /> |
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| − | ====Eurasian countries with no hate crime laws==== |
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| − | [[Albania]], [[Cyprus]], [[Estonia]], [[San Marino]], and [[Slovenia]] have no hate crime laws.<ref name="human" /> |
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| − | ===North America=== |
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| − | ==== Canada ==== |
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| − | 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.<ref>{{cite book|last=Magnet|first=Joseph|title=Free Expression|page=229 & 244}}</ref> 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."<ref>Canadian Criminal Code, Subparagraph 718.2(a)(i)</ref><ref name="CBCNews">{{cite web|url=http://www.cbc.ca/news/background/hatecrimes/|accessdate=2009-10-19|title=CBC News Indepth: Hate Crimes}}</ref> 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".<ref name="CBCNews"/> "Identifiable group" is defined as "any section of the public distinguished by skin color, racial group, religion, ethnic origin or sexual orientation."<ref name="human" /><ref name="CBCNews"/> Civil remedies are also available in Canada for discriminatory acts.<ref name="human" /> |
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| − | ====United States==== |
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| − | {{Main|Hate crime laws in the United States}} |
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| − | 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. |
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| − | 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 [[Legal liability|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<ref name="adl">[http://www.adl.org/99hatecrime/state_hate_crime_laws.pdf State Hate Crime Laws], [[Anti-Defamation League]], June 2006. Retrieved 2007-05-04.</ref> |
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| − | 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.<ref>Statistics, 2006[http://www.fbi.gov/ucr/hc2006/index.html Hate Crime Statistics, 2006], [[Federal Bureau of Investigation]]</ref> |
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| − | 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.<ref>Statistics, 2007[http://www.fbi.gov/ucr/hc2007/table_02.htm Hate Crime Statistics, 2007], [[Federal Bureau of Investigation]]</ref> 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).<ref>Statistics, 2007[http://www.fbi.gov/ucr/cius2007/data/table_01.html FBI Crime in the United States 2007], [[Federal Bureau of Investigation]]</ref> |
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| − | [[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".<ref>[http://www.msnbc.msn.com/id/31392054/ns/us_news-crime_and_courts/ Attorney general urges new hate crimes law - Crime & courts- msnbc.com<!-- Bot generated title -->]</ref> |
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| − | '''Deliberate attacks on the homeless as hate crimes''' |
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| − | A 2007 study found that the number of violent crimes against the [[homeless]] is increasing.<ref>Lewan, Todd, [http://hosted.ap.org/dynamic/stories/P/PREYING_ON_THE_HOMELESS?SITE=WIJAN&SECTION=HOME&TEMPLATE=DEFAULT "Unprovoked Beatings of Homeless Soaring"], [[Associated Press]], April 8, 2007.</ref><ref name="Hate, Violence, and Death on Main Street USA">[[National Coalition for the Homeless]]: [http://www.nationalhomeless.org/getinvolved/projects/hatecrimes/pressrelease.html Hate, Violence, and Death on Main Street USA: A report on Hate Crimes and Violence Against People Experiencing Homelessness, 2006"], February 2007.</ref> The rate of such documented crimes in 2005 was 30% higher than of those in 1999.<ref name="A Dream Denied">National Coalition for the Homeless: [http://www.nationalhomeless.org/publications/crimreport/report.pdf A Dream Denied].</ref> 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. |
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| − | 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). |
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| − | 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.<ref name="Hate, Violence, and Death on Main Street USA"/> The CSHE contends that negative and degrading portrayals of the homeless contribute to a climate where violence takes place. |
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| − | ===South America=== |
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| − | ====Brazil==== |
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| − | In [[Brazil]], hate crime laws focus on [[racism]], racial [[injury]], and other special bias-motivated crimes such as, for example, murder by [[death squad]]s<ref>{{pt}}http://www.planalto.gov.br/ccivil_03/Leis/L8072.htm (Law 8072/1990, Article 1st, I)</ref> and [[genocide]] on the grounds of [[nationality]], [[ethnicity]], race or religion.<ref>{{pt}}http://www.planalto.gov.br/ccivil_03/Leis/L2889.htm (Law 2889/1956, Article 1st)</ref> Murder by death squads and genocide are legally classified as "hideous crimes" (''crimes hediondos'' in Portuguese).<ref>Law 8072/1990 (aforementioned link), Article 1st, I and single paragraph.</ref> |
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| − | The crimes of racism and racial injury, although similar, are enforced slightly differently.<ref>{{pt}}http://www.boletimjuridico.com.br/doutrina/texto.asp?id=662</ref> 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 [[disability|disabled person]]".<ref>{{pt}}http://www.planalto.gov.br/ccivil_03/Decreto-Lei/Del2848compilado.htm</ref> 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".<ref>{{pt}}http://www.planalto.gov.br/ccivil_03/Leis/L7716.htm</ref> |
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| − | 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 [[nationality|origin]], race, sex, color, age, and any other forms of discrimination".<ref>{{pt}}http://www.planalto.gov.br/ccivil_03/Constituicao/Constituiçao_Compilado.htm</ref> |
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==Support and opposition== |
==Support and opposition== |
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Hate crimes (also known as bias-motivated crimes) occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group, usually defined by racial group, religion, sexual orientation, disability, ethnicity, nationality, age, gender, gender identity, or political affiliation.[1]
"Hate crime" generally refers to criminal acts which are seen to have been motivated by hatred of one or more of the listed conditions. Incidents may involve physical assault, damage to property, bullying, harassment, verbal abuse or insults, or offensive graffiti or letters.[2]
History
Concern about hate crimes has become increasingly prominent among policymakers in many nations and at all levels of government in recent years, but the phenomenon is not new. Examples from the past include Roman persecution of Christians, the Ottoman genocide of Armenians, and the Nazi "final solution" for the Jews, and more recently, the ethnic cleansing in Bosnia and genocide in Rwanda. Hate crimes have shaped and sometimes defined world history.
In the United States, racial and religious biases have inspired most hate crimes. As Europeans began to colonize the New World in the 16th and 17th centuries, Native Americans increasingly became the targets of bias-motivated intimidation and violence. During the past two centuries, some of the more typical examples of hate crimes in the U.S. include lynchings of African Americans, cross burnings to drive black families from predominantly white neighborhoods, assaults on white people travelling predominantly black neighborhoods, assaults on lesbian, gay, bisexual and transgender people, the painting of swastikas on Jewish synagogues and xenophobic responses to a variety of minority ethnic groups, as well as attacks against European Americans, such as the Murder of Channon Christian and Christopher Newsom and the Wichita Massacre.[3]
Hate crime victims
Template:Cleanup-tense In the United States, anti-black bias had been the most frequently reported hate crime motivation. (African-Americans constitute the second-largest minority group; Hispanics are the largest).[4] Of the nearly 8,000 hate crimes reported to the FBI in 1995, almost 3,000 of them were motivated by bias against blacks.[5] Other frequently reported bias motivations were anti-white, Jewish, gay, Muslim, Asian, Native American, and Hispanic.[5]
Psychological effects
From a psychological standpoint, hate crimes may have extreme consequences. A manual issued by the Attorney-General of the Province of Ontario in Canada lists the following consequences:[6]
- effects on people – psychological and affective disturbances; repercussion on the victim's identity and self-esteem; both reinforced by the degree of violence of a hate crime, usually stronger than that of a common one.
- effect on the targeted group – generalized terror in the group from which the victim belongs, inspiring feelings of vulnerability over the other members, who could be the next victims.
- effect on other vulnerable groups – ominous effects over minoritarian groups or over groups that identify themselves with the targeted one, especially when the referred hate is based on an ideology or doctrine that preaches simultaneously against several groups. Hate Crime is reported to the FBI
Hate crime laws
- Main article: Hate crime laws by country
Support and opposition
Template:Article issues
Support for hate crime laws
Justifications for harsher punishments for hate crimes focus on the notion that hate crimes cause greater individual and societal harm. It is said that, when the core of a person’s identity is attacked, the degradation and dehumanization is especially severe, and additional emotional and physiological problems are likely to result. Society then, in turn, can suffer from the disempowerment of a group of people. Furthermore, it is asserted that the chances for retaliatory crimes are greater when a hate crime has been committed. The riots in Los Angeles, California that followed the beating of Rodney King, a Black motorist, by a group of White police officers are cited as support for this argument.[3] The beating of white truck driver Reginald Denny by black rioters during the same riot is also an example that would support this argument.
The U.S. Supreme Court unanimously found that penalty-enhancement hate crime statutes do not conflict with free speech rights because they do not punish an individual for exercising freedom of expression; rather, they allow courts to consider motive when sentencing a criminal for conduct which is not protected by the First Amendment. (However, freedom of religion and expression of one's beliefs are; see below.)[7]
When it enacted the Hate Crimes Act of 2000, the New York State Legislature found that:
Hate crimes do more than threaten the safety and welfare of all citizens. They inflict on victims incalculable physical and emotional damage and tear at the very fabric of free society. Crimes motivated by invidious hatred toward particular groups not only harm individual victims but send a powerful message of intolerance and discrimination to all members of the group to which the victim belongs. Hate crimes can and do intimidate and disrupt entire communities and vitiate the civility that is essential to healthy democratic processes. In a democratic society, citizens cannot be required to approve of the beliefs and practices of others, but must never commit criminal acts on account of them. Current law does not adequately recognize the harm to public order and individual safety that hate crimes cause. Therefore, our laws must be strengthened to provide clear recognition of the gravity of hate crimes and the compelling importance of preventing their recurrence. Accordingly, the legislature finds and declares that hate crimes should be prosecuted and punished with appropriate severity."[8]
Opposition to hate crime laws
The U.S. Supreme Court unanimously found that hate crime statutes which criminalize bias-motivated speech or symbolic speech conflict with free speech rights because they isolated certain words based on their content or viewpoint.[9] Many critics further assert that it conflicts with an even more fundamental right: free thought. The claim is that hate-crime legislation effectively makes certain ideas or beliefs, including religious ones, illegal, in other words, thought crimes.[10][11][12][13][14][15][16]
| This article needs additional citations for verification. Please help improve this article by adding reliable references. Unsourced material may be challenged and removed. (March 2009) |
In their book Hate Crimes: Criminal Law and Identity Politics, James B. Jacobs and Kimberly Potter criticize hate crime legislation for exacerbating conflicts between groups. They assert that by defining crimes as being committed by one group against another, rather than as being committed by individuals against their society, the labeling of crimes as “hate crimes” causes groups to feel persecuted by one another, and that this impression of persecution can incite a backlash and thus lead to an actual increase in crime.[17] Some have argued hate crime laws bring the law into disrepute and further divide society, as groups apply to have their critics silenced.[18] Some have argued that if it is true that all violent crimes are the result of the perpetrator's contempt for the victim, then all crimes are hate crimes. Thus, if there is no alternate rationale for prosecuting some people more harshly for the same crime based on who the victim is, then different defendants are treated unequally under the law, which violates the United States Constitution.[19]
Critiquing Reliance on the Prison Industrial Complex There are also those who oppose hate crimes laws because of the power such legislation gives to the prison industrial complex. The critiques from such a point of view are extensive and include, "Hate crime law sets up the State as protector, intending to deflect our attention from the violence it perpetrates, deploys, and sanctions. The government, its agents, and their institutions perpetuate systemic violence and set themselves up as the only avenue in which justice can be allocated; they will never be charged with hate crimes." See a compilation of critiques at http://www.blackandpink.org/revolt/a-compilation-of-critiques-on-hate-crimes-legislation/
See also
- Hate speech
- Fighting Discrimination
- Violent Radicalization and Homegrown Terrorism Prevention Act of 2007
- LGBT rights by country or territory
References
- ↑ Stotzer, R.: Comparison of Hate Crime Rates Across Protected and Unprotected Groups, Williams Institute, 2007–06. Retrieved on 2007-08-09.
- ↑ Hate crime, Home Office
- ↑ 3.0 3.1 A Policymaker's Guide to Hate Crimes
- ↑ Table 1 - Hate Crime Statistics 2005
- ↑ 5.0 5.1 FBI - Uniform Crime Reports - Hate Crime Statistics 1995
- ↑ MANUEL DES POLITIQUES DE LA COURONNE. (PDF) URL accessed on 2009-06-21.
- ↑ Wisconsin v. Mitchell, 508 U.S. 476 (1993).
- ↑ Hate Crimes Act - Ch 107, 2000
- ↑ R. A. V. v. City of St. Paul, 505 U.S. 377 (1992).
- ↑ The Essayist (1998). Hate Crime Premise. 24 Jul. 1998.
- ↑ Evenson, Brad (2003). Looking for thoughtcrime to crimestop. National Post. February 8, 2003.
- ↑ Schwartz, L., I.T. Ulit, & D. Morgan (2006). Straight talk about hate crimes bills: Anti-gay, anti-transgender bias stall federal hate crimes legislation. Georgetown Journal of Gender & the Law 7(2): 171–186.
- ↑ Icke, David (2003). Tales from the Time Loop. Bridge of Love. ISBN 0953881040. [1]
- ↑ Smith, Peter J. (2007). Democrats refuse religious freedom amendment to hate crimes bill. LifeSite, 26 April 2007.
- ↑ Kamine, Wendy. The Return of the Thought Police: "Hate crime" legislation is an assault on civil liberties. The Wall Street Journal. October 28, 2007.
- ↑ Wolski, Chris (1999). Hate Crime Laws Will Spawn Thought Police. Capitalism Magazine Website. Retrieved 2009-06-18.
- ↑ Jacobs, James B. & Kimberly Potter. (1998). Hate Crimes: Criminal Law and Identity Politics. New York: Oxford University Press, pp. 130-144
- ↑ AEI - Short Publications
- ↑ Constitutional Challenges to Hate Crimes Statutes
External links
- Hate Crime Survey, annual Human Rights First report on the prevalence of hate crimes in the OSCE region.
- Hate Crime Statistics, annual FBI/U.S. Department of Justice report on the prevalence of hate crimes in the United States. Required by the Hate Crime Statistics Act.
- A Policymaker's Guide to Hate Crimes, a publication by the National Criminal Justice Reference Service, part of the U.S. Department of Justice. Many parts of this article have been adapted from this document.
- Tolerance.org, a web project sponsored by the Southern Poverty Law Center
- Peabody, Michael "Thought & Crime," Liberty Magazine, March/April 2008, review of recently proposed hate crime legislation and criminal intent issues.
- [2], a video focusing on the hate crimes incited by KABC 790 AM shock jock Doug McIntyre against a Los Angeles charter school, Academia Semillas del Pueblo, in 2006.
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