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Date: April 29, 2024 Mon
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Results for bias crimes
27 results foundAuthor: Johnsson-Latham, Gerd Title: Patriarchal violence: An attack on human security: A broad survey of measures to combat patriarchal violence and oppression, particularly acts committed in the name of honour directed at women, homosexuals, bisexuals and transgender persons Summary: This report, commissioned by the Swedish government, is a broad survey of measures to combat patriarchal violence and oppression, particularly acts committed in the name of honour directed at women, homosexuals, bisexuals and transgender persons. Details: Stockholm: Government Office of Sweden, 2005 Source: Year: 2005 Country: Sweden URL: Shelf Number: 103038 Keywords: Bias CrimesHomosexualityViolent Crime |
Author: Newitt, Esther: Tasmania Law Reform Institute Title: Racial Vilification and Racially Motivated Offences Summary: In 2009 and 2010 there was an apparent increase in the number of racially motivated attacks on immigrants and international students in Australia. Whether these incidents were in fact racially motivated or merely opportunistic attacks on those who were vulnerable by reason of shift/late night work and dependence on public transport is a matter of continuing debate. What is clear, however, is that these attacks raised considerable safety concerns among minority groups in Australia and damaged Australia’s reputation as a tolerant multi-cultural society and a safe destination for international students and immigrants from diverse ethnic backgrounds. Against this background, the death of an Asian student studying at the University of Tasmania prompted the Vice-Chancellor of the University to ask the Tasmania Law Reform Institute to undertake a project examining the capacity of Tasmanian laws to address racial vilification and racially motivated offences. In particular, the Vice-Chancellor asked whether there was a need to make changes to the criminal law, such as the enactment of criminal racial vilification offences. At about the same time, the Tasmanian Greens Party wrote to the Attorney-General of Tasmania requesting that the Institute be provided with a reference in relation to extending Tasmania’s antidiscrimination laws to ensure that racial vilification constitutes a criminal offence. The Board of the Institute accepted the Vice-Chancellor’s reference in August 2009. Racial vilification is a broad term that involves more than simply judging others as inferior because of their perceived race or ethnicity, or discriminating against them on such grounds. The term ‘racial vilification’ is generally used to refer to offensive and abusive comments or acts which either express, demonstrate or incite hatred and contempt for individuals on the grounds of their race or ethnicity. Other terms, such as ‘racial hatred’, ‘hate propaganda’ and ‘hate speech’ may be used to describe such behaviour. In this Report, ‘racial vilification’ is intended to cover all possible acts that may fall under any of these terms. This Report reviews the current Tasmanian laws that are relevant to the issues of racial vilification and racially motivated offences, describes the applicable Commonwealth laws and includes a consideration of International Conventions and Declarations and their application to Australian domestic law. The Report also includes a brief survey of the legal changes in other jurisdictions that have been introduced to address the problem of racial vilification and racially motivated offences. The need for reform is then considered and finally the Report recommends which reform options are seen as the most effective and appropriate for Tasmania. In making these recommendations, the Institute has given detailed consideration to all responses to the Issues Paper it received. One of the major issues raised in the Issues Paper was whether Tasmania should make racial vilification a criminal offence, and if so, whether it should introduce new provisions in the existing Anti-Discrimination Act 1998 (Tas), the Police Offences Act 1935 or the Criminal Code. In considering this issue, a number of key questions were asked. These questions formed the basis of the majority of responses received by the Institute. Details: Hobart, Tasmania: Tasmania Law Reform Institute, 2011. 67p. Source: Internet Resource: Final Report No. 14: Accessed April 28, 2011 at: http://www.law.utas.edu.au/reform/documents/RV_Final_Report.pdf Year: 2011 Country: Australia URL: http://www.law.utas.edu.au/reform/documents/RV_Final_Report.pdf Shelf Number: 121569 Keywords: Bias CrimesHate Crimes (Tasmania)Minority GroupsRacially Motivated Crimes |
Author: Larsen, Jacqueline Joudo Title: Crimes Against International Students in Australia: 2005-09 Summary: With the growth in global student mobility, almost three million students travel to English-speaking countries, including the United States, the United Kingdom and Australia, in pursuit of tertiary education. The number of international students in Australia has grown substantially since 2005 — this is attributed to the establishment of private sector Vocational Education and Training (VET) courses. It is now the case that more than 300,000 international student visas are currently granted each year to enable foreign nationals to study within Australia. As a result, the international education sector has become the third largest export industry in Australia, generating approximately $18.3b per annum in recent years. The sector also plays a critical role in fostering stronger international links and developing diverse skills in Australia and overseas. In 2009 and 2010, a series of media reports of crimes against Indian international students led to growing concern over the safety of international students in Australia. In response to these concerns, and the lack of existing police data to quantify the size of the problem, the Australian Institute of Criminology (AIC) in consultation with the Department of Foreign Affairs and Trade (DFAT) and Department of Immigration and Citizenship (DIAC), sought ways to quantify the nature and extent to which Indian students were the victims of crime compared with other international student groups and the Australian population. This report represents the culmination of the AIC’s research into crimes against international students. Using administrative and pre-existing survey data sources, detailed findings are provided from what is the most comprehensive student victimisation study conducted to date, based on an analysis of DIAC international student visa records for more than 400,000 students matched with police crime victimisation records. In addition, supplementary analysis of the AIC’s National Homicide Monitoring Program (NHMP) database, as well as the Australian component of the 2004 International Crime Victimisation Survey (ICVS), are used to provide additional context to the AIC’s investigation. Primarily, this research was designed to provide the best available estimation of the extent to which international students have been the victims of crime during their time in Australia and a determination of whether international students are more or less likely than an Australian comparison population to have experienced crime. While the study has also provided some evidence of some of the factors that may increase the risk for student victimisation, the nature of the available data does not enable specific analysis of racial motivation. This is because policing databases do not consistently collect motivation data for all offences reported or investigated. Determining the motivation for offending would best be achieved by the development and implementation of a large-scale crime victimisation survey of international students and other Australian migrant populations more broadly. Details: Canberra: Australian Institute of Criminology, 2011. 172p. Source: Internet Resource: Accessed August 11, 2011 at: http://www.aic.gov.au/documents/5/C/2/%7B5C2C2F3E-584B-498E-A694-A25FC8FC7C86%7Dcaisa.pdf Year: 2011 Country: Australia URL: http://www.aic.gov.au/documents/5/C/2/%7B5C2C2F3E-584B-498E-A694-A25FC8FC7C86%7Dcaisa.pdf Shelf Number: 122364 Keywords: Bias CrimesCrime Victimization (Australia)MigrantsStudents, Crimes Against |
Author: Wagner, Alex Title: Analysis of Massachusetts Hate Crimes Data: An Overview of Reported Hate Crimes in Massachusetts Between 2000 and 2009 Summary: Reports of hate crime related incidents in the Commonwealth between 2000 and 2009 were analyzed utilizing data from the Massachusetts State Police Crime Reporting Unit (CRU). This report presents findings on the 3,6481 hate crime incidents in Massachusetts over the ten-year period. The CRU defines hate crimes as “any criminal act to which a bias motive is evident as a contributing factor. The Reporting Act covers bias on account of race, religion, ethnicity, handicap, gender, or sexual orientation. Hate crimes may be reported only by law enforcement agencies” (CRU,2006). The number of offenses, offenders, victims, and bias motivations may not coincide with the number of incidents or cases because each incident may consist of multiple offenses, bias motivations, victims, and offenders. Below are the key findings from our analyses. A trend analysis indicated there was a pronounced ten-year decline in reported hate crime incidents. This trend occurred across all bias categories (i.e., race/ethnicity, religion, sexual orientation, disability, and gender), as well as for all specific bias types within bias categories. The year 2008 was an outlier in terms of the low number of overall reported hate crime incidents. Hate crime incidents rose between 2008 and 2009, however, the increase is not evident from 2007 to 2009. The vast majority of reported hate crimes (92.2%) only reported one bias motivation, while less than 1.5% of all reported hate crimes reported more than two bias motivations. The three most frequent bias motivation categories were based on race/ethnicity (58.3%), sexual orientation (21.5%), and religion (18.6%). Just these three bias motivation categories accounted for 98.3% of all hate crimes. This was generally consistent with research findings from other states and across the nation. The three most frequent within-bias motivation types for hate crimes were Anti-Black (31.7%), Anti-Gay (male, 17.5%), and Anti-Semitic (13.5%), again generally consistent with other research findings. White hate crime victims were more common than any other racial/ethnic background (52.3%), as opposed to victims from other race/ethnic groups: black (29.8%), Hispanic (7.1%), Asian (6.4%) or other (4.3%). Between 2000 and 2009, a third of hate crime victims were between the ages 16 and 25 (29.4%), whereas victims over the age of 25 accounted for more than 40 percent of hate crime victims (20.5% of victims were 36 to 45 and 20.2 percent were 26 to 35). Victims aged 10 and younger comprised the smallest fraction of reported hate crimes (2.1%). Details: Boston: Massachusetts Executive Office of Public Safety and Security, 2011. 34p. Source: Internet Resource: Accessed September 27, 2011 at: http://www.mass.gov/Eeops/docs/programs/fjj/analysis_of_reported_hate_crimes_in_massachusetts_between_2000_and_2009.pdf Year: 2011 Country: United States URL: http://www.mass.gov/Eeops/docs/programs/fjj/analysis_of_reported_hate_crimes_in_massachusetts_between_2000_and_2009.pdf Shelf Number: 122919 Keywords: Bias CrimesCrime StatisticsHate Crimes (Massachusetts)Victims of Crime |
Author: Moumneh, Rasha Title: “They Hunt Us Down for Fun”: Discrimination and Police Violence Against Transgender Women in Kuwait Summary: In 2007 the Kuwaiti parliament outlawed “imitating the opposite sex”, paving the way for police to arbitrarily detain, torture, and sexually harass and abuse transgender women in Kuwait with impunity. Despite a formal state recognition of Gender Identity Disorder, arrests of transgender women continue unabated. The police often take advantage of the law to blackmail transgender women for sex, and redress for police abuse is difficult, if not impossible, for fear of reprisal and re-arrest. The law does not criminalize any specific act or behavior, but rather an appearance whose interpretation is left entirely up to the whims of the police, giving them free reign to decide who is breaking the law and how it is broken. This report documents the abuse, violence, and persecution faced by transgender women at the hands of the police as well as the discrimination they face on a daily basis as a result of this law. Details: New York: Human Rights Watch, 2012. 73p. Source: Internet Resource: Accessed January 17, 2012 at: http://www.hrw.org/sites/default/files/reports/kuwait0112ForUpload.pdf Year: 2012 Country: Kuwait URL: http://www.hrw.org/sites/default/files/reports/kuwait0112ForUpload.pdf Shelf Number: 123645 Keywords: Bias CrimesHate CrimesPolice Use of ForceSexual AbuseSexual AssaultSexual HarassmentSexual ViolenceTransgenderViolence Against Women (Kuwait) |
Author: Grant, Jaime M. Title: Injustice at Every Turn: A Report of the National Transgender Discrimination Survey Summary: This study brings to light what is both patently obvious and far too often dismissed from the human rights agenda. Transgender and gender non-conforming people face injustice at every turn: in childhood homes, in school systems that promise to shelter and educate, in harsh and exclusionary workplaces, at the grocery store, the hotel front desk, in doctors’ offices and emergency rooms, before judges and at the hands of landlords, police officers, health care workers and other service providers. Hundreds of dramatic findings on the impact of anti-transgender bias are presented in this report. In many cases, a series of bias-related events lead to insurmountable challenges and devastating outcomes for study participants. It is part of social and legal convention in the United States to discriminate against, ridicule, and abuse transgender and gender non-conforming people within foundational institutions such as the family, schools, the workplace and health care settings, every day. Instead of recognizing that the moral failure lies in society’s unwillingness to embrace different gender identities and expressions, society blames transgender and gender non-conforming people for bringing the discrimination and violence on themselves. Nearly every system and institution in the United States, both large and small, from local to national, is implicated by this data. Medical providers and health systems, government agencies, families, businesses and employers, schools and colleges, police departments, jail and prison systems—each of these systems and institutions is failing daily in its obligation to serve transgender and gender non-conforming people, instead subjecting them to mistreatment ranging from commonplace disrespect to outright violence, abuse and the denial of human dignity. The consequences of these widespread injustices are human and real, ranging from unemployment and homelessness to illness and death. This report is a call to action for all of us, especially for those who pass laws and set policies and practices, whose action or continued inaction will make a significant difference between the current climate of discrimination and violence and a world of freedom and equality. And everyone else, from those who drive buses or teach our children to those who sit on the judicial bench or write prescriptions, must also take up the call for human rights for transgender and gender non-conforming people, and confront this pattern of abuse and injustice. Details: Washington, DC: National Center for Transgender Equality and National Gay and Lesbian Task Force, 2011. 228p. Source: Internet Resource: Accessed March 2, 2012 at http://www.thetaskforce.org/downloads/reports/reports/ntds_full.pdf Year: 2011 Country: United States URL: http://www.thetaskforce.org/downloads/reports/reports/ntds_full.pdf Shelf Number: 124359 Keywords: Bias CrimesDiscriminationTransgender |
Author: Athwal, Harmit, Bourne, Jenny Title: Racial Violence: The Buried Issue Summary: For most politicians raw, crude racism is over. The Macpherson report, it is said, dealt with it. Our research shows the hideous fact that since Stephen Lawrence’s death in April 1993, eighty-nine people have lost their lives to racial violence – an average of five per year. And this is just the worst aspect of a huge problem which has, far from going away, increased its impact in new areas across the UK. Whilst the main parties are in denial about the extent and severity of racial violence and popular racism (unless it manifests itself in lost votes to the British National Party) their racist domestic and foreign policies and the terms of the race debate – that immigration is indeed a problem, that British jobs are for British workers – are helping to fuel the misinformation and disaffection that can lead to such violence. The first part of this report analyses murders with a racial element since Stephen Lawrence’s – from the attack on the street to the convictions of assailants in the courts. The second part, analyses data on 660 cases of racial violence collated for 2009. In the appendices, Lee Bridges examines official statistics on racial violence and A. Sivanandan is interviewed about Islamophobia and anti-Muslim racism. Details: London: Institute of Race Relations, 2010. 25p. Source: Internet Resource: IRR Briefing Paper No. 6: Accessed April 6, 2012 at: http://www.irr.org.uk/pdf2/IRR_Briefing_No.6.pdf Year: 2010 Country: United Kingdom URL: http://www.irr.org.uk/pdf2/IRR_Briefing_No.6.pdf Shelf Number: 124886 Keywords: Bias CrimesHate CrimesRacial Violence (U.K.)Racism |
Author: Muka, Ondrej Title: Kriminalita motivovaná nenávistí ve světle právních a faktických opatření v ČR -- Combating Hate Crime in the Czech republic Summary: Even the Czech society begins to face new problems on the threshold of the 21st century – a hate crime. In connection to the international relations liberalization after the year 1989, free movement of material possessions, ideas, services and people, the Czech society is put on new influences brought along such processes. The fallen yoke of the communist dictatorship released a “democratic” powerhouse of new or out-of-way and pent-up ideas not always leading to a model of the community tolerant solidarity. The liberal capitalism and globalization processes connected to an access to new technologies opened up a way to spreading not only new views and movements but also a detachment of the entire social groups inclining to certain models of behaviour, thinking and feeling. Such new relief is necessary to be observed and analysed in a thorough manner in order not to have the forms arisen directed to suppression of fundamental human rights and freedoms. One of such phenomena is also the hate crime. We speak about the hate crime in relation to growing number of racist, ethnic, religious or otherwise intolerantly motivated crimes. This is one of a number of chapters accompanying the aforementioned processes. A number of measures were adopted and implemented in the Czech Republic within fighting such crimes and tend to be a part of superior problems, the so-called “extremism”. The crimes motivated by racist intolerance or hate, crimes motivated by ethnic intolerance or hate, crimes motivated by religious intolerance or hate and crimes motivated by other type of intolerance or hate are those belonging among crimes with an extremist implication. It specifically concerns the following merits of cases under The Criminal Code: violation of copyright, violation of rights relating to copyright and rights to database (Section 152), assault of a public officer (Section 155 and Section 156), perjury (Section 174), violence against a group of persons and individual (Section 196 and Section 197(a)), defamation of nation, race and belief (Section 198), incitement and promotion of hatred against a group of persons or limitation of their rights and freedoms (Section 198(a)), dissemination of false news (Section 199), rioting (Section 202), murder (Section 219), aggravated battery (Section 221 and Section 222), robbery (Section 234), extortion (Section 235), infringement of the freedom of worship (Section 236), forcible entry into dwelling (Section 238), harm done to a thing of another person (Section 257) and support and promotion of movements directing to suppression of rights and freedoms of a human being (Section 260, Section 261 and Section 261(a)). Details: Prague, Czech Helsinki Committee, 2008. 70p. Source: Internet Resource: Accessed April 10, 2012 at: http://www.helcom.cz/download/sborniky/CHV_HateCrime.pdf Year: 2008 Country: Czech Republic URL: http://www.helcom.cz/download/sborniky/CHV_HateCrime.pdf Shelf Number: 124920 Keywords: Bias CrimesDiscriminationExtremist GroupsHate Crimes (Czech Republic) |
Author: Human Rights Campaign Foundation Title: A Guide to State-Level Advocacy Following Enactment of the Hate Crimes Prevention Act Summary: The guide provides state-specific data on current hate crime laws in every state, identifies where hate crime laws could be stronger and offers feedback about improvements that could be made. It also offers a model hate crime law and steps that victims of hate crimes can take, as well as frequently asked questions on the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (HCPA). Details: Washington, DC: Human Rights Campaign Foundation, 2011. 86p. Source: Internet Resource: Accessed April 12, 2012 at: http://www.hrc.org/resources/entry/a-guide-to-state-level-advocacy-following-enactment-of-the-matthew-she Year: 2011 Country: United States URL: http://www.hrc.org/resources/entry/a-guide-to-state-level-advocacy-following-enactment-of-the-matthew-she Shelf Number: 124941 Keywords: Bias CrimesDiscriminationHate Crimes (U.S.) |
Author: Association of Chief Police Officers. Race and Diversity Working Group Title: Hte Crime: Delivering a Quality Service. Good Practice and Tactical Guidance Summary: Hate crime scars its victims beyond the legacy of any physical injury. If it is not professionally and successfully countered by the agencies of social control, its pervasive effect is to create alarm and fear as it chips away the mortar of social cohesion. This document therefore provides comprehensive step-by-step guidance to forces as they revisit and develop their own policy approaches and tactical options. It is not the product of speculative thinking as the sections are constructed on proven good practice in particular areas of activity by various forces across England, Wales and Northern Ireland. It is a textbook therefore for the Police Service to learn from its own experience. Details: London: Home Office and the Association of Chief Police Officers, 2005. 104p. Source: Internet Resource: Accessed May 19, 2012 at: http://revroland.law.officelive.com/Documents/hatecrimeguide.pdf Year: 2005 Country: United Kingdom URL: http://revroland.law.officelive.com/Documents/hatecrimeguide.pdf Shelf Number: 125261 Keywords: Bias CrimesDiscriminationHate Crimes (U.K.) |
Author: Iganski, Paul Title: Hate Crimes Against London's Jews: An Analysis of Incidents Recorded by the Metropolitan Police Service 2001-2004 Summary: In Aprit 2004 the House of Commons debated the apparent rise of antisemitic incidents and the prevailing antisemitic ctimate in Britain. Responding on behalf of the Government, Home offlce Minister Fiona Mactaggart M. P. reported that 'together with the lnstitute for Jewish Policy Research, the Metropolitan Police is conducting research into such incidents to get a more accurate feel for their nature and to develop a more effective response to them. This highly informative book presents the findings of that joint research project with a view to understanding more clearly the dynamics of antisenitic incidents recorded by the police in London. For the first time in published form, Metropotitan potice service records of antisemltic incidents in London are analysed and placed in the context of the attention drawn to the increasing problem of street-level antisemitism reported by the European Union Monitoring Centre on Racism and Xenophobia (2004) and the U.S. State Oepartment (2005). Drawing from crime reports for the calendar years 2OO1-ZOO4, the book discusses the nature and location of incidences, and the charateristics of victims and offenders, and uses qualitative information in the crime reports to theorise about the social context and potential motivations behind incidents. Details: London: Institute for Jewish Policy Research, 2005. 131p. Source: Internet Resource: accessed May 19, 2012 at: http://www.jpr.org.uk/downloads/Hate_Crimes_against_Londons_Jews.pdf Year: 2005 Country: United Kingdom URL: http://www.jpr.org.uk/downloads/Hate_Crimes_against_Londons_Jews.pdf Shelf Number: 125262 Keywords: Bias CrimesDiscriminationHate Crimes (U.K.) |
Author: Human Rights First Title: 2008 Hate Crime Survey Summary: Human Rights First’s 2008 Hate Crime Survey—our second annual study—is a review of the rising tide of hate crime covering the region from the Far East of the Russian Federation and the Central Asian states across Europe to North America: the 56 participating states of the Organization for Security and Cooperation in Europe (OSCE). Human Rights First continues to document and analyze the reality of violent hate crime. We have reviewed available reports on violence motivated by prejudice and hatred, including the findings of the few official monitoring systems that provide meaningful statistical information. This data—combined with the findings of nongovernmental monitoring organizations as well as media reporting—provides important insights into the nature and incidence of violent hate crimes. Our aim is to raise the profile of these insidious crimes and the challenges they pose to societies that are becoming increasingly diverse. Hate crimes are everyday occurrences that result in broken windows and burnt out homes, mental distress and bodily harm—sometimes fatal. Hate crimes threaten whole communities who identify with the victim based on race, religion, or other attributes, leaving many to live in fear and alienated from the larger society. This report seeks to overcome official indifference and indecision in the fight against such crime. In the first part of this report, we examine six facets of hate crime in sections on Violence Based on Racism and Xenophobia, Antisemitic Violence, Violence Against Muslims, Violence Based on Religious Intolerance, Violence Against Roma, and Violence Based on Sexual Orientation and Gender Identity Bias. In the second part, we assess government responses to violent hate crimes in sections on Systems of Monitoring and Reporting and The Framework of Criminal Law. Details: New York: Human Rights First, 2008. 186p. Source: Internet Resource: Accessed May 19, 2012 at: http://www.humanrightsfirst.org/wp-content/uploads/pdf/FD-081103-hate-crime-survey-2008.pdf Year: 2008 Country: International URL: http://www.humanrightsfirst.org/wp-content/uploads/pdf/FD-081103-hate-crime-survey-2008.pdf Shelf Number: 125263 Keywords: Bias CrimesDiscriminationHate Crime |
Author: Sandholtz, Nathan Title: Hate Crime Victimization, 2003-2011 Summary: Presents annual counts and rates of hate crime victimization that occurred from 2003 through 2011, using data from the National Crime Victimization Survey (NCVS). The report examines changes over time in hate crime victimizations, including the type of bias that motivated the hate crime, the type of crime, whether the incident was reported to police, and characteristics of the incident, offender, and victim. In addition, the report compares characteristics of hate crime and nonhate crime victimization. NCVS estimates are supplemented by data from official police reports of hate crime from the FBI's Uniform Crime Reporting (UCR) Hate Crime Statistics Program. Highlights: From 2007 to 2011, an estimated annual average of 259,700 nonfatal violent and property hate crime victimizations occurred against persons age 12 or older residing in U.S. households. Across the periods from 2003-06 and 2007-11, there was no change in the annual average number of total, violent, or property hate crime victimizations. The percentage of hate crimes motivated by religious bias more than doubled between 2003-06 and 2007-11 (from 10% to 21%), while the percentage motivated by racial bias dropped slightly (from 63% to 54%). Violent hate crime accounted for a higher percentage of all nonfatal violent crime in 2007-11 (4%), compared to 2003-06 (3%). Between 2003-06 and 2007-11, the percentage of hate crime victimizations reported to police declined from 46% to 35%. Details: Washington, DC: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, 2013. 17p. Source: Internet Resource: Accessed March 22, 2013 at: http://bjs.gov/index.cfm?ty=pbdetail&iid=4614 Year: 2013 Country: United States URL: http://bjs.gov/index.cfm?ty=pbdetail&iid=4614 Shelf Number: 128081 Keywords: Bias CrimesCrime StatisticsHate Crimes (U.S.)Victimization SurveyVictims of Crime |
Author: Great Britain. Inspectorate for the Crown Prosecution Service, Her Majesty's Inspectorate of Constabulary Title: Living in a Different World: Joint Review of Disability Hate Crime Summary: This joint review considered how the police, Crown Prosecution Service (CPS) and probation trusts deal with the complex area known as disability hate crime. This has involved a consideration of not only the policies/procedures and actions of the three agencies, but also social attitudes and barriers that exist in relation to disabled people more generally. They are linked together. Whist disability hate crime is one of the five hate crime strands, (the others being race, religion, sexual orientation or transgender identity) there needs to be an acknowledgment that it has a unique position and requires additional status, simply to ensure that it is treated on an equal footing to the other strands. Disability is an area where social attitudes are still ill informed. Key findings Identification and reporting of disability hate crime Whilst definitions and guidance have been issued, this review reveals that there is a lack of clarity and understanding as to what constitutes a disability hate crime and confusion between policy definitions and the statutory sentencing provision contained within section 146 of the Criminal Justice Act 2003 (s.146 CJA 2003). (This is the statutory provision that allows the court to regard the defendant’s behaviour as an aggravating feature if (a) the offender has demonstrated hostility based on a disability or (b) the offence was motivated by hostility towards persons who have a disability - see paragraph 2.3.) This causes difficulties not only for practitioners in the identification and recording of disability hate crime but also for members of the public, including victims who are disabled. Improvements need to be made by the police and CPS in how they identify and record disability hate crime. All police, CPS and probation staff need to be fully aware of the statutory provision in s.146 CJA 2003 and there needs to be a common policy definition that is universally recognised and applied at ‘ground level’, that is simple to interpret. The under reporting of disability hate crime remains a significant concern and needs to be addressed. Whilst a number of initiatives have been put in place, further steps need to be taken to improve the confidence of disabled people to report matters to the police. A variety of effective reporting mechanisms are required. Once reports are made to the police, practitioners need to ensure that any disabilities are identified (including hidden impairments). Victims must then be supported sufficiently, their evidence given in the most effective manner and kept fully informed of what is happening in their case. Whilst community engagement projects are currently undertaken by the police and CPS, these need to be jointly co-ordinated, and have specific aims. The immediate priority should be increasing reporting of disability hate crime. Probation trusts also need to increase their awareness of disability issues through engagement with disabled members of our community. The police investigation and prosecution process The police are failing to fully consider disability hate crime issues in day to day investigative work. This review reveals examples of poor understanding of different types of disabilities by officers and in addition there is frequently a failure to examine the offender’s motivation for committing offences. As a consequence, insufficient evidence is obtained to support the requirement set out for the court to regard the defendant’s actions as an aggravating feature under s.146 CJA 2003. There is also a failure by the police to identify disability hate crimes to the CPS when seeking charging advice and a lack of provision of appropriate information to the CPS by the police. Whilst CPS lawyers demonstrated the ability to identify disability hate crimes on occasion, they did not necessarily ensure that the police provided all of the required evidence and did not always analyse the disability hate crime issue sufficiently. There was also a lack of clarity displayed by CPS lawyers as to what essential information should be included within the initial charging advice. The CPS needs to ensure that disability hate crime cases are correctly identified on its case management system. The number of administrative errors needs to be reduced substantially and lawyers need to identify cases against clear and understandable criteria. A process also needs to be in place to ensure that on every relevant file a decision is made whether the prosecutor will put forward s.146 CJA 2003 to the court. Clear records need to be maintained of the results of those cases where s.146 CJA 2003 is raised. The CPS needs to improve its performance in relation to the quality of case preparation to ensure that disability hate crimes are effectively prosecuted. At court and post-conviction Whilst inspectors witnessed examples of CPS lawyers raising s.146 CJA 2003 at court, it was of concern that all of the members of the judiciary who were interviewed as part of the review were of the view that they were not being invited to consider s.146 CJA 2003 on anything but a very exceptional basis. It does not appear that s.146 CJA 2003 has been embedded within the sentencing process. The quality of CPS and police information supplied to probation trusts was limited and insufficient for the preparation of a pre-sentence report and there was an over reliance on information provided by the offender, who minimised the seriousness of the offence. This lack of provision of key information also impacted on probation trust offender managers carrying out the role effectively and resulted in a culture of accepting the offender’s account, rather than placing the focus on the victim. Training and leadership As the Equality and Human Rights Commission (EHRC) report Hidden in plain sight - Inquiry into disability-related harassment (the EHRC report) states, ‘many people can simply feel uncomfortable about disability’ and the practitioners who are dealing with these cases will have widely varying levels of experience of interaction with disabled people. This is a difficulty that is not generally present when dealing with other crimes. There needs to be put in place an effective and comprehensive training programme for practitioners. Whilst progress has been made in relation to disability hate crime, the leaders of the police, CPS and probation trusts need to regard it as a key strategic priority. The relatively low numbers of disability hate crimes currently recorded should not be allowed to be used to devalue the importance of these types of crimes. There are reasons why the current figures are so low and many relate to the inability of the criminal justice system to combat prevalent social attitudes and to deal effectively with cases that can have inherent complexities. Given the demands on staff, without determination on the part of the leadership to achieve real change, there is unlikely to be any significant progress. Conclusion, recommendations and good practice Conclusion Disability hate crime is a complex area and has a number of unique features. In many ways it is the hate crime that has been left behind. The Government report Challenge it, Report it, Stop it - The Government’s Plan to Tackle Hate Crime (March 2012) highlights the importance of dealing with hate crime appropriately, not only for the individuals and their families, but also because of the negative impact these types of crimes have on communities in relation to cohesion and integration. It also sets an agenda for the criminal justice agencies to improve their performance in relation to all hate crimes and this presents a unique opportunity for the police, CPS and probation trusts to contribute to tackling the underlying prejudice and ignorance that drives hate crime. A new impetus that focuses on (a) improving awareness of what disability hate crime is, (b) increasing the reporting of disability hate crime and (c) embedding disability hate crime processes within the routine working practices of police, CPS and probation trust staff is required. The report concludes with a number of recommendations. Details: London: HMCPSI, HMIC; HMI Probation, 2013. 66p. Source: Internet Resource: Criminal Justice Joint Inspection: Accessed March 22, 2013 at: http://www.hmic.gov.uk/media/a-joint-review-of-disability-hate-crime-living-in-a-different-world-20130321.pdf Year: 2013 Country: United Kingdom URL: http://www.hmic.gov.uk/media/a-joint-review-of-disability-hate-crime-living-in-a-different-world-20130321.pdf Shelf Number: 128084 Keywords: Bias CrimesDisabilityDisabled PersonsHate Crimes (U.K.) |
Author: European Union Agency for Fundamental Rights (FRA) Title: Report on Racism and Xenophobia in the Member States of the EU Summary: On 1 March 2007, the European Union Agency for Fundamental Rights (FRA) came into being, following the extension of the mandate of the European Monitoring Centre on Racism and Xenophobia (EUMC). This makes the current report a ‘transitional’ report, in that it has been produced on the basis of the EUMC’s legal base and mandate, but it is being published by the FRA. Whilst the equivalent reports in previous years were ‘EUMC Annual Reports’, this report does not have the title of FRA Annual Report. The first FRA Annual Report will be published in June 2008. The current report covers the area of racism and xenophobia in the EU for the year 2006. The operation of the Racial Equality Directive provides an important context for much of this report. Last year’s EUMC Annual Report focused on the stages of transposition of the Racial Equality Directive in the EU Member States. The current report looks at the implementation of the directive and the initial evidence on how the legislation is applied by courts and tribunals, as well as how the specialised bodies are using their powers. Whilst there was much progress in implementing the Racial Equality Directive in most Member States, there was wide variation in the degree to which sanctions had been applied or compensation awarded in cases of ethnic discrimination during 2006. In around half of the Member States, even with laws and procedures in place, there were no indications of any sanctions being applied. The very low level of complaints in some countries during 2006 suggests a rather low awareness of the existence of the specialised bodies. It seems, therefore, that some Member States need to do more in the way of publicity and campaigns targeting potential victims of discrimination in order to raise awareness of the specialised bodies and their powers. Furthermore, not all specialised bodies disclose the grounds of discrimination for individual complaints, which makes it impossible to ascertain how many cases of ethnic discrimination were processed by the legal system during the year. This weakness relates to a broader message of this report, namely that for discrimination to be recognised and tackled there need to be systems in place for producing relevant and accurate data. This should include data on the circumstances of those groups who are potential victims of discrimination, in all the thematic areas of education, employment and housing, as well as on incidents of racist violence and crime. This is important for a number of reasons, not least because of the need for evidence-based policies to combat discrimination and racist crimes. For example, whilst there is evidence in this year’s report of some innovative positive action practices against discrimination in employment, such positive action is difficult to introduce and apply without accurate equality data on the employment circumstances of those groups who are the targets of such policies. Meanwhile, in the context of the continuing gaps in our knowledge resulting from of the patchiness of equality data, this report demonstrates examples in many Member States where research investigations have had the important function of identifying and bringing to public attention incidents and processes of racism and discrimination in the fields of employment, housing and education. This year, the information and data collection activities for this report involved 27 National Focal Points (NFPs), not 25, including for the first time Bulgaria and Romania, who became full members of the European Union on 1 January 2007. As with previous Annual Reports from the EUMC, this report covers in turn the thematic areas of legal issues, employment, housing, education, and racist violence and crime. In addition, for a second year, there is a final chapter covering developments and policies at the EU level in combating racism and xenophobia. Details: Vienna: FRA, 2007. 172p. Source: Internet Resource: Accessed March 23, 2013 at: http://fra.europa.eu/sites/default/files/fra_uploads/11-ar07p2_en.pdf Year: 2007 Country: Europe URL: http://fra.europa.eu/sites/default/files/fra_uploads/11-ar07p2_en.pdf Shelf Number: 107709 Keywords: Bias CrimesHate Crimes (Europe)RacismXenophobia |
Author: Victorian Equal Opportunity and Human Rights Commission Title: Reporting Racism: What You Say Matters Summary: Racism takes many different forms, ranging from discriminatory treatment, property damage or offensive materials to abusive language and even violence. Racism reduces people to stereotypes and reinforces social prejudice and inequality – this behaviour can also be against the law. Reporting racism: what you say matters, completes the first stage of a multi-tiered project to raise awareness of racism in the community and to build capacity for victims and bystanders to report racism and vilification when they experience it. The report sets out eight key actions the Commission will undertake in partnership with other agencies to respond to the issues raised. These range from working with community groups to deliver targeted community information sessions about rights; supporting bystanders on public transport who observe instances of racist behaviour, and partnering with schools, youth groups, sporting organisations, local governments, employers and other agencies to promote and implement the Anti-Hate campaign messages (see below for more information about this campaign) into existing programs and curriculum. Details: Carlton, VIC: Victorian Equal Opportunity and Human Rights Commission, 2013. 68p. Source: Internet Resource: Accessed July 18, 2013 at: http://www.humanrightscommission.vic.gov.au/media/k2/attachments/Reporting_Racism_Web_low_res.pdf Year: 2013 Country: Australia URL: http://www.humanrightscommission.vic.gov.au/media/k2/attachments/Reporting_Racism_Web_low_res.pdf Shelf Number: 129439 Keywords: Bias CrimesHate CrimesRacial BiasRacial DiscriminationRacism (Australia) |
Author: Southern Poverty Law Center Title: Dangerous Liaisons: The American Religious Right & the Criminalization of Homosexuality in Belize Summary: For most of American history, LGBT people in this country have been stigmatized, imprisoned, violently attacked and severely discriminated against. And today, they are still the population most likely to be victimized by violent hate crimes, according to the FBI. But the modern gay rights movement, which began with the 1969 explosion of frustration known as the Stonewall riots, has made unexpectedly dramatic progress, especially in the last few years. Discriminatory policies in the military and elsewhere have fallen like dominoes. Polling has shown huge and positive shifts in public attitudes toward gay men and lesbians. Thirteen states have approved same-sex marriage. And in June, the U.S. Supreme Court struck down as unconstitutional the Defense of Marriage Act, ruling that legally married same-sex couples must receive the same federal benefits that heterosexual couples receive. At the same time, the Court overturned California’s Proposition 8, a ballot initiative that banned same-sex marriages in that state. All of this has left the American hard-line religious right, which spent decades demonizing LGBT people and working to keep them in the closet, on the losing side of a battle that it now seems incapable of winning. As a result, these groups and individuals have increasingly shifted their attention to other nations, where anti-gay attitudes are much stronger and violence against the LGBT community far too common. In places like Uganda, where legislators since 2009 have been pushing a law that would impose the death penalty for the Orwellian offense of “aggravated homosexuality,” U.S. religious ideologues have given aid and comfort to the authors of barbaric legislation. More and more, they are doing the same in other countries around the globe. Now, this international battle over the constitutionality of anti-sodomy laws has moved to Belize, a Central American country where the government and an array of far-right religious forces are defending the draconian statute known as Section 53, which punishes same-sex “carnal intercourse against the order of nature” with 10 years in prison. Though Belize is tiny, the battle has attracted numerous American groups — including the prominent Christian legal powerhouse Alliance Defending Freedom (ADF) — on the pro-criminalization side, providing advice to anti-gay bigots in Belize. The ADF is a serious organization. Founded in 1994 by 30 prominent Christian leaders in response to what they saw as “growing attacks on religious freedom,” the organization has an annual budget of more than $30 million, a staff of 44 in-house lawyers and 2,200 allied lawyers. Its board is stacked with luminaries not only from the religious right, but also with partners from powerful law firms and captains of industry. The ADF believes that religious freedom is under attack worldwide. It has in recent years built an international legal network and placed staffers overseas because it sees “a risk of winning a domestic battle while potentially — in time — losing the world.” Its website states that it is active in 31 foreign countries and describes a number of global initiatives. But it makes no mention of its criminalization work. There is great hypocrisy here. Surely such work, providing legal or other counsel to keep a law on the books that lands gay people in jail for consensual sex, violates the oft-stated principle of the religious right that their theology teaches to hate the sin, but love the sinner. Perhaps that is why neither the ADF, nor any of the other American religious groups involved in Belize, say a word about their involvement in the Belize case on their websites. They also refuse to speak to the press about the case. Their work is fanning the flames of anti-gay hatred that already exists in many of the countries where they are injecting themselves. As in Uganda, American groups have been propagandizing about the “recruitment” of young schoolchildren, the allegedly depraved and diseased lives of LGBT people, the pedophilia that is supposedly common among gay men, and the destruction of Christianity and the institution of marriage that they seem certain ending anti-LGBT laws will lead to. This vicious propaganda, born and bred by American ideologues, has found fertile soil across the globe. The Belize case is important. Overturning Section 53 could lead to the demise of similar statutes in a dozen other Caribbean countries that belong to the Commonwealth of former British colonies. This would mark a major stop forward in securing full human rights for the LGBT community. It also could affect the even larger battle of the United Nations to influence scores of countries that signed the International Covenant on Civil and Political Rights, which took effect in 1976, to outlaw statutes criminalizing gay sex and to prevent anti-LGBT discrimination. In the United States, the issue of criminalization of gay sex abroad and similarly harsh attacks on LGBT people have split the religious right, leaving groups like the ADF that take extreme positions more and more isolated. In 2009, Rick Warren—one of America’s most prominent evangelicals, the author of the bestselling The Purpose Driven Life and the pastor of the Saddleback megachurch in California—denounced Uganda’s proposed death penalty for “aggravated homosexuality.” And in March, Focus on the Family spoke out against anti-gay proselytizing. “We’ve created an animosity,” the group’s president, Jim Daly, was quoted saying in The New York Times. “We’ve said we hate the sin and love the sinner. But when you peel it back, sometimes we hated the sinner, too. And that’s not Gospel.” Still, Focus’ vice president for government and public policy, Tom Minnery, sits on the ADF’s board, and the group has refused to comment on the situation in Belize. Focus’ position on criminalization may be ambiguous, but one thing is absolutely clear: What American groups like the ADF are doing amounts to pouring fuel on an exceedingly volatile fire. They are aiding and abetting anti-LGBT forces in countries where anti-gay violence is endemic. And as The New York Times wrote in a 2010 editorial regarding Uganda, “You can’t preach hate and not accept responsibility for the way that hate is manifested.” In Belize, the situation is so bad that the lawyers for the LGBT activist who filed the Section 53 case worry that they only have one plaintiff, and he could be assassinated at any moment. There could perhaps be no greater manifestation of hating the sinner, to borrow Jim Daly’s words, than bringing the full weight of the criminal law down on him or her. But that is exactly what the ADF and others involved in advocating for criminalization are trying to do. The leaders of these organizations should explain how their goal of protecting religious liberty and marriage requires countries to condemn members of the LGBT community to long prison terms. And Focus on the Family, like Rick Warren, should state clearly where it stands on the issue. Details: Atlanta, GA: Southern Poverty Law Center, 2013. 26p. Source: Internet Resource: Accessed August 8, 2013 at: http://www.splcenter.org/sites/default/files/downloads/publication/splc-report-dangerous-liaisons.pdf Year: 2013 Country: Belize URL: http://www.splcenter.org/sites/default/files/downloads/publication/splc-report-dangerous-liaisons.pdf Shelf Number: 129596 Keywords: Bias CrimesDiscriminationHate Crimes (Belize)HomosexualityReligion |
Author: Independent Police Complaints Commission (U.K.) Title: Policing handling of allegations of discrimination Summary: In 2013, the IPCC published a report on the Metropolitan Police Service's handling of race discrimination complaints, following some well-publicised cases. This revealed some significant weaknesses in complaints handling in general, which were even more acutely revealed in dealing with discrimination allegations. We therefore decided to examine the way the other three large English metropolitan forces - West Midlands, Greater Manchester and West Yorkshire - deal with allegations in relation to any kind of discrimination: including race, disability, age, gender and sexual orientation. This report sets out the findings, and they are stark. In general, and particularly in relation to complaints that come from members of the public, these complaints are poorly handled from beginning to end - in relation to the way the complaint is investigated, the conclusions drawn and, importantly, the contact with the complainant. Only 94 of the 170 complaints from the public were investigated, and none of the discrimination allegations were upheld. By contrast, where discrimination allegations had been raised by other officers, other external parties, over half of these were upheld. It is of course welcome that some police officers are themselves prepared to challenge colleagues, but allegations from the public need to be taken equally seriously and dealt with effectively. Details: London: IPCC, 2014. 58p. Source: Internet Resource: Accessed March 19, 2015 at: https://www.ipcc.gov.uk/sites/default/files/Documents/guidelines_reports/IPCC_report_police_handling_of_allegations_of_discrimination_June2014.pdf Year: 2014 Country: United Kingdom URL: https://www.ipcc.gov.uk/sites/default/files/Documents/guidelines_reports/IPCC_report_police_handling_of_allegations_of_discrimination_June2014.pdf Shelf Number: 134977 Keywords: Bias Crimes Police InvestigationsRace Discrimination (U.K.) |
Author: Great Britain. Her Majesty's Iinspectorate of Constabulary Title: Joint Review of Disability Hate Crime Follow-Up Summary: 1.1 This joint follow-up review considered how the police, Crown Prosecution Service (CPS) and probation service providers (National Probation Service (NPS)/Community Rehabilitation Companies (CRCs)) have responded to the seven recommendations contained in the Criminal Justice Joint Inspection (CJJI) March 2013 review of disability hate crime. Key findings Awareness of disability hate crime 1.2 The 2013 review highlighted the need for the three agencies to quickly (within three months) take the appropriate steps to ensure that the public and those who work in the criminal justice system (CJS) understood disability hate crime. This is a fundamental step in ensuring (a) that the level of under reporting is reduced and (b) once recognised by the CJS, that the appropriate level of service is provided to victims of disability hate crime. The casework examination undertaken as part of this review reveals continuing difficulties by the police, CPS and probation staff in identifying disability hate crime. 1.3 There are examples of good practice relating to awareness raising at national level, such as the guidance to police forces contained within the Framework for Implementation of the Equality and Human Rights Commission (EHRC) recommendations published jointly by the Association of Chief Police Officers (ACPO) and the College of Policing in 2013, and the subsequent publication by the College of Policing of the National Policing Hate Crime Strategy in 2014. At the local level awareness-raising events have taken place in different parts of England and Wales. However, neither the police nor the CPS have succeeded in significantly improving performance at operational level. Recognising this, the CPS Chief Executive has now assumed personal responsibility for driving improvement by the Service and a CPS national action plan was launched in November 2014. 1.4 Similarly, although the National Offender Management Service (NOMS) has provided direction and some probation trusts have worked with local partners to improve awareness of disability hate crime, it is still seen as a very small part of their work and is not dealt with effectively. Increased reporting of disability hate crime to the police 1.5 The number of reports of disability hate crimes to the police recorded by the Home Office remains low, at only 1,985 in 2013-145 and the gap between this and the Crime Survey for England and Wales (CSEW) estimated figure of 62,000 disability motivated hate crimes6 remains significant. It is particularly concerning that in the Home Office reporting figures for disability hate crime for 2013-14, nine police force areas had less than ten reports. 1.6 Disappointingly, inspectors found that the police forces visited had not conducted a formal review of the different methods by which information is received from the public to ensure that every opportunity is being taken to identify victims of disability hate crime. This represents a lost opportunity. Embedding disability hate crime processes within the working practices of the police, CPS and probation staff 1.7 Unfortunately, the approach to delivering effective training by the agencies has been inconsistent and slow. Without the required impetus it is not surprising that performance has not improved significantly. 1.8 The 2013 review highlighted errors in the recording of data relating to disability hate crime by the police and CPS. This follow-up reveals that whilst there have been some improvements, further progress is required. Highlights include: - Case file examination undertaken as part of this review reveals an improvement in the number of files accurately identified to the CPS as disability hate crimes by the police (when they seek charging advice from the CPS) to 20%7 (compared to 7% in the 2013 review). However, further improvement is required. - In around a third of recorded disability hate crimes the crime reports lacked information to show they complied with the agreed definition of disability hate crime, usually because it was not made explicit who had perceived the crime to be motivated by hostility or prejudice against the victim's disability or perceived disability. - Of the 107 CPS files examined inspectors were of the view that 76 (71%) were correctly identified as disability hate crime in accordance with the CPS policy (compared to 69% in 2013), 19 files (18%) involved a disabled victim but the case did not fall within the CPS definition of flagging as a disability hate crime (compared to 12%) and 12 files (11%) were flagged incorrectly as administrative or other error (previously 19%). 1.9 Whilst the CPS has reduced the number of files flagged as administrative/other errors, there is a continuing need for improvement, as the data reveals only a small improvement in the accuracy of recording disability hate crime files. 1.10 The CPS case management system has the capacity to record those disability hate crimes where the court uplifted the sentence for the aggravated element (section 146 Criminal Justice Act 2003) and the number of recorded 'uplifts' is unacceptably low. 1.11 This review also examined 21 pre-sentence reports and there was little or no evidence that disability hate crime had been awarded a higher priority within the work of those agencies delivering probation services than in 2013. There was little evidence that disability hate crime forms all but a very small part of the work of NPS/CRCs. In part this is due to the lack of reporting of these cases. However, even in those cases where there was clear evidence that they met the disability hate crime definition, in the majority there was no recognition by those providing probation services that these were disability hate crimes. Conclusion 1.12 The 2013 review highlighted that disability hate crime is a complex area with a number of unique features. It called for a new impetus that focussed on (a) improving awareness of disability hate crime, (b) increasing the reporting of disability hate crime and (c) embedding disability hate crime processes within the routine working practices of police, CPS and probation staff. The seven recommendations, if implemented effectively, would have made a substantial contribution to achieving these overarching aims. 1.13 This follow-up reveals that there has been insufficient progress made against the recommendations. An opportunity to achieve improvements in the criminal justice system for all members of society has not yet been taken. Details: London: Criminal Justice Joint Inspection, 2015. 56p. Source: Internet Resource: Accessed June 2, 2015 at: http://www.justiceinspectorates.gov.uk/hmic/wp-content/uploads/joint-review-of-disability-hate-crime-review.pdf Year: 2015 Country: United Kingdom URL: http://www.justiceinspectorates.gov.uk/hmic/wp-content/uploads/joint-review-of-disability-hate-crime-review.pdf Shelf Number: 135099 Keywords: Bias CrimesCrime StatisticsDisabilityHate Crimes |
Author: Human Rights Watch Title: "The Nail That Sticks Out Gets Hammered Down": LGBT Bullying and Exclusion in Japanese Schools Summary: School bullying is a notorious problem in Japan. Students target peers they perceive to be different with harassment, threats, and sometimes violence - including by singling them out based on their real or perceived sexual orientation or gender identity. The Japanese government compounds and even fuels this problem by promoting social conformity and a climate of "harmony" in schools, and by insisting that no student is more vulnerable to bullying than any other. In doing so, it fails to address the vulnerabilities of lesbian, gay, bisexual, and transgender (LGBT) students. Based on more than 100 in-depth interviews with sexual and gender minority youth and Japanese education experts, "The Nail That Sticks Out Gets Hammered Down" examines the shortcomings in Japanese policies that expose LGBT students to bullying and inhibit their access to information and self-expression. Lack of comprehensive sex education, silence on LGBT topics in the national curriculum, and inadequate teacher training on sexual orientation and gender identity all contribute to LGBT students' vulnerabilities. Policies that require transgender people to obtain a diagnosis of gender identity disorder as a first step toward gaining legal recognition are harmfully rigid and discriminatory, and can have a particularly harsh impact on youth. While Japan's education ministry has taken positive steps in recent years to recognize, understand, and protect LGBT students, further action is needed to develop specific policies to address bullying. As the public debate on LGBT rights in Japan gains momentum around same-sex marriage and employment non-discrimination, the government has an opportunity to bring its policies in line with its international human rights commitments, including the right to education free from discrimination for all children. Details: New York: HRW, 2016. 92p. Source: Internet Resource: Accessed June 8, 2016 at: https://www.hrw.org/sites/default/files/report_pdf/japan0516web.pdf Year: 2016 Country: Japan URL: https://www.hrw.org/sites/default/files/report_pdf/japan0516web.pdf Shelf Number: 139337 Keywords: Bias CrimesGays, Crimes AgainstHate CrimesLesbian, Gay, Bisexual, Transgender (LGBT)School BullyingSchool Crimes |
Author: Oboler, Andre Title: Measuring the Hate: The State of Antisemitism in Social Media Summary: On January 9th 2015 four French Jews were killed in an attack on the Hypercacher kosher supermarket in Paris, which was targeted following the attack on the offices of Charlie Hebdo and an aborted attack on a Jewish center which left a police woman dead. On February 15th Dan Uzan, a community security volunteer, was killed outside the Great Synagogue in Copenhagen, Denmark. In Israel there were a multitude of fatal knife attacks on Jewish targets. The far right is gaining in popularity, particularly in parts of Europe, while antisemitism from parts of the Muslim and Arab world inspire self-radicalisation and violent extremism. These are just some of the results of rising antisemitism in 2015, and highlight the need for urgent action. Through the Internet, antisemitic content and messages spread across national borders, feeding not only anti-Jewish hate, but violent extremism more generally. Removing the online incitement which leads to knife attacks in Israel is part and parcel of tackling the larger problem of online incitement which has also led to a dramatic increase in attacks on refugees in Germany. Responding to the rising social media incitement and very real consequences, German prosecutors opening an investigation into the possibility of criminal liability of senior Facebook executives in late 2015. Following this move an agreement was reached between the German Government, Facebook, Google and Twitter to see content that violated German law removed within 24 hours. Facebook has since gone further and announced a project to tackle online hate in Europe. As 2016 starts it is clear we have reached a point where the status quo is no longer acceptable. Social media platforms are being clearly told by governments around the world that if they don't do better to combating incitement, hate and the use of their systems by violent extremists, government will look to legislate to impose increased regulation. Social media platforms are starting to respond, but some are doing so more effectively than others. As governments increase their efforts to tackle threats in social media, antisemitism remains a core part of the wider fight against hate speech, incitement and violent extremism. It is an area where international efforts are well established, and where experts have been working on the problem since it was first raised at the Global Forum for Combating Antisemitism in 2008. Through its Working Group on Antisemitism on the Internet and in the Media, the Global Forum for Combating Antisemitism has continued to work steadily on this problem and released a major report of recommendations and a review of work to date in 2013, and an interim version of this report in 2015. This report represents the latest research and a major step forward in efforts to tackle online antisemitism. It also lights a path for tackling other forms of online hate and incitement. Hate in social media is explored empirically, both with respect to its relative prevalence across the major platforms, and with respect to the nature of the antisemitic content. Most significantly, the rate of removal of antisemitic hate speech is reported on by social media platform and by antisemitic category over the last 10 months. The report is based on a sample totalling 2024 antisemitic items all from either Facebook, YouTube or Twitter. The categories the hate were classified into were: incitement to violence (5%), including general statements advocating death to the Jews; Holocaust denial (12%); traditional antisemitism (49%), such as conspiracy theories and racial slurs; and New Antisemitism (34%), being antisemitism related to the State of Israel as per the Working Definition of Antisemitism. The results in this report indicate significant variation in the way antisemitism is treated both between companies and also within a single company across the four categories of antisemitism. Positive responses by the platforms remain far lower than a concerned public or the governments who represent them would expect. Details: Caulfield South, Vic, AUS: Global Forum for Combating Antisemitism, 2016. 63p. Source: Internet Resource: Accessed October 11, 2016 at: http://mfa.gov.il/MFA/ForeignPolicy/AntiSemitism/Documents/Measuring-the-Hate.pdf Year: 2016 Country: International URL: http://mfa.gov.il/MFA/ForeignPolicy/AntiSemitism/Documents/Measuring-the-Hate.pdf Shelf Number: 145409 Keywords: AntisemitismBias CrimesHate CrimesSocial Media |
Author: Chakraborti, Neil Title: Healing the Harms: Identifying How Best to Support Hate Crime Victims Summary: Every year hundreds of thousands of people in England and Wales suffer prejudice and hostility because of their identity or perceived 'difference'. This can include acts of physical violence, as well as the more 'everyday' forms of harassment and intimidation. Such victimisation is more commonly referred to as 'hate crime', which is defined by the College of Policing (2014: 3) as: 'Any crime or incident where the perpetrator's hostility or prejudice against an identifiable group of people is a factor in determining who is victimised.' The concept has come to be associated with five identity strands: namely, disability, ethnicity, religion, sexual orientation and transgender status. According to official figures, in 2014-15 the Police Service recorded 52,528 hate crimes (Corcoran, Lader and Smith, 2015). It is widely acknowledged that this number is a considerable underestimate of the actual number of hate crimes taking place within England and Wales. The Crime Survey for England and Wales, which provides an alternative measure of hate crime victimisation, estimated that 222,000 incidents took place within the same time-frame (ibid, 2015). The issue of underreporting has been further highlighted through research which illustrates that the majority of hate crime victims do not report their experiences to the police or through available third-party reporting systems (Chakraborti, Garland, Hardy, 2014; Christmann and Wong, 2010). These studies suggest that there are a number of reasons as to why hate crime victims do not report their experiences to the police or to an alternative organisation. Many victims: - 'normalise' their experiences of hate crime - feel concerned about not being taken seriously - worry about retaliatory violence or making the situation worse - have a shortage of confidence in the criminal justice system - lack the time and emotional strength required to talk to a third party about their experiences Research also highlights that the majority of hate crime victims are not aware of or know how to access support services. This is especially concerning given that a growing body of research evidence shows that acts of hate crime cause significant emotional and physical damage to the well-being of victims, their families and wider communities (Iganski and Lagou, 2015; Chakraborti, Garland and Hardy, 2014). It is because of the significant levels of under-reporting and the relatively low uptake of support services that we lack a comprehensive understanding of how best to support those affected by hate crime. This report presents the findings of a study designed to identify the support needs of hate crime victims. The research was funded by the Police and Crime Commissioner for Hertfordshire, and conducted in partnership with Hertfordshire Constabulary and Hertfordshire County Council. The specific aims of this research were: - to explore hate crime experiences in Hertfordshire; - to identify the extent to which actual and potential hate crime victims are aware of local and national support services; - to assess the actual or perceived barriers that prevent victims accessing support services; and - to provide an evidence-based template of good practice to inform the wider delivery of new and existing support services. If implemented, the recommendations included within this report have the capacity to make a sustained difference with respect to helping organisations and individuals support hate crime victims more effectively. Details: Leicester, UK: University of Leicester, Centre for Hate Studies, 2016. 31p. Source: Internet Resource: Accessed October 17, 2016 at: http://hertscommissioner.org/fluidcms/files/files/pdf/Victims-Commissioning/Healing-the-Harms---Final-Report.pdf Year: 2016 Country: United Kingdom URL: http://hertscommissioner.org/fluidcms/files/files/pdf/Victims-Commissioning/Healing-the-Harms---Final-Report.pdf Shelf Number: 140788 Keywords: Bias CrimesHate CrimeVictim ServicesVictims of Crime |
Author: Scotland. Independent Advisory Group on Hate Crime, Prejudice and Community Cohesion Title: Report of Independent Advisory Group on Hate Crime, Prejudice and Community Cohesion Summary: Recent events in Orlando and, closer to home, following the EU Referendum, demonstrate starkly that hatred and prejudice continue to have very serious consequences for people and communities across society. The Independent Advisory Group on Hate Crime, Prejudice and Community Cohesion was established last year by Scottish Ministers to advise on the current state of these issues in Scotland, and to suggest further steps to tackle these issues and build a Scotland where everyone matters. I have been privileged to undertake this work with my fellow group members. It is worth noting that the Advisory Group has been established some years after the introduction in Scotland of legislation to strengthen protections against hate crime. This is therefore an opportune moment to reflect on the journey Scotland has been on since then, and the impact of policy and legislation nationally on the lives and experiences of individuals and communities locally. The Advisory Group has been busy during its relatively short lifespan. Meetings and focus groups have enabled the Advisory Group to gain a direct understanding of the human cost of prejudice and hate crime in Scotland and its profound impact on personal lives and social cohesion. We were both moved and humbled to listen to many of these stories of trauma and resilience. The meetings underlined that facing prejudice and fear remains part of the everyday life of too many people in Scotland, escalating into direct personal violence and threat. We heard of people routinely abused on the street or on public transport, of people isolated in their own homes because they feared to go out and of verbal and physical abuse ranging from insults and catcalling on a daily basis to being spat on, or molested. We heard stories of bullying at school and in the workplace and of people frightened by the changing news agenda which seemed to blame everyone of one religious group or another. We heard of young people feeling isolated as the only member of a minority in small communities. It was clear to the Advisory Group that much of this experience remains hidden to the general public. Only those acts that are serious enough as to warrant criminal prosecution and with sufficient evidence ever reach the courts, and the sensationalism of such incidents through the media masks the deeper long-term impact of persistent lower level forms of abuse that are a continuing part of the day-to-day experience of too many. We heard of many cases where the victims of hate decided not to proceed for fear of drawing further violent attention to their circumstances and of many incidents where the absence of witnesses made prosecution difficult. Of greater concern is that we also heard of the acceptance by many people in these minority communities that a certain amount of abuse is just 'part of life'. Prejudice and hate have a huge impact on the quality of life of individuals the community to which they belong. Trust becomes more difficult, and whole families and groups withdraw into smaller circles of safety with huge consequences for the overall level of trust and social capital across the whole of society. Even worse, this degree of isolation and fear is a threat to the basic values of an open democratic society and undermines the rule of law and the principle of equality under the law. The long-term impact of social isolation is only beginning to be understood, but it is already clear that it leads to a degeneration of both the personal mental and physical health and wellbeing and this, in turn, leads to a disintegration of community cohesion. Even worse, alienation can lead directly to radicalisation and violence and contribute further to the stability of society as a whole and the quality of life of everyone. Addressing prejudice and hate crime is therefore not only an issue for minorities or those who are targeted but must be a priority concern for the whole of society. Change will require political leadership, including legal support and public policy, as well as changes in behaviour in attitudes in community and society. Our concern in this report is not to pretend to resolve these issues, but to reflect on the learning from our listening process, to analyse the research evidence and to suggest practical pathways to reduce hate, prejudice, violence, isolation and mistrust. Details: Edinburgh:The Advisory Group, 2016. 30p. Source: Internet Resource: Accessed November 12, 2016 at: http://www.gov.scot/Resource/0050/00506074.pdf Year: 2016 Country: United Kingdom URL: http://www.gov.scot/Resource/0050/00506074.pdf Shelf Number: 147847 Keywords: Bias CrimesHate CrimesPrejudice |
Author: Greytak, Emily A. Title: From Teasing to Torment: School Climate Revisited, A Survey of U.S. Secondary School Students and Teachers Summary: From Teasing to Torment: School Climate Revisited, A Survey of U.S. Secondary School Students and Teachers provides an in-depth look at the current landscape of bias and peer victimization as reported by students and teachers from across the nation. In addition to examining various types of bias, including those based on race/ethnicity, religion, body size, and ability, this report provides a focused look at LGBTQ issues in secondary schools. Comparing findings to a similar survey we conducted in 2005, the report discusses the progress that has been made over the past ten years, as well as highlights the challenges that remain. It also offers recommendations and strategies to improve school climate for all students. Specifically, the research report addresses: Student and teacher perceptions of school climate; Student experiences of safety, bullying, and harassment, including biased incidents based on race/ethnicity, sexual orientation, body size, gender, religion, ability, economic status, and gender expression; Teacher intervention in bullying and incidents of bias; LGBT-supportive teacher practices, such as advising GSA or including LGBT content in teaching; Teacher professional development (pre-service and in-service) in bullying, diversity, and LGBT issues; and Differences in students' school experiences based on race/ethnicity, LGBTQ status, gender nonconformity, and geography (i.e., urban-city, region), among others. Details: New York: GLSEN, 2015. 148p. Source: Internet Resource: Accessed November 14, 2016 at: https://www.glsen.org/sites/default/files/TeasingtoTorment%202015%20FINAL%20PDF%5B1%5D_0.pdf Year: 2015 Country: United States URL: https://www.glsen.org/sites/default/files/TeasingtoTorment%202015%20FINAL%20PDF%5B1%5D_0.pdf Shelf Number: 141141 Keywords: Bias CrimesSchool Bullying School Crime School Harassment School Security |
Author: European Union Agency for Fundamental Rights (FRA) Title: Current migration situation in the EU: hate crime Summary: Asylum seekers and migrants face various forms of violence and harassment across the European Union (EU). As this month's report on the migration situation underscores, such acts are both perpetrated and condoned by state authorities, private individuals, as well as vigilante groups. They increasingly also target activists and politicians perceived as 'pro-refugee'. Meanwhile, a lack of relevant data is hampering efforts to develop effective measures to prevent these incidents. Outlining recent attacks in 14 EU Member States, this focus of the November report also examines the diverse factors that undermine the reporting of such incidents and highlights promising practices seeking to counter them. Details: Vienna: FRA, 2016. 19p. Source: Internet Resource: Accessed January 30, 2017 at: http://fra.europa.eu/sites/default/files/fra_uploads/fra-2016-november-monthly-focus-hate-crime_en.pdf Year: 2016 Country: Europe URL: http://fra.europa.eu/sites/default/files/fra_uploads/fra-2016-november-monthly-focus-hate-crime_en.pdf Shelf Number: 145998 Keywords: Asylum SeekersBias CrimesHate CrimesImmigrantsRefugeesVigilantism |
Author: Machado, Marta Rodriguez de Assis Title: Punitive Anti-Racism Laws in Brazil: An Overview of the Enforcement of Law by Brazilian Courts Summary: This paper presents the main results of research on judicial decisions connected to the enforcement of punitive anti-racism laws in by Brazilian appeal courts. We analyzed 200 decisions from 1998 to 2010 which are available through the online databases of the appeal courts of nine Brazilian States: namely Acre, Bahia, Mato Grosso do Sul, Paraiba, Pernambuco, Rio de Janeiro, Rondonia, Rio Grande do Sul and Sao Paulo. The data presented allow us to diagnosis how the Brazilian judiciary deals with racism and racial discrimination and to understand the potential and limitations of existing legal instruments to confront the social problem of racism in Brazil. In the paper's introduction, we will carry out a brief review of Brazilian punitive anti-racism laws, address some literature on the subject and, then, shift our focus to the specific legal provisions that regulate such crimes. In Section 2, we will explain our methodological choices and advance conclusions regarding the interpretation of the data. In Section Three, we will present our main quantitative findings. In the conclusion, we will discuss the implications of these findings, while raising some important issues regarding the strategy of juridificating racism via criminal law. Ultimately, we will posit future developments of this research agenda Details: Unpublished paper, 2014. 36p. Source: Internet Resource: Accessed May 2, 2017 at: http://www.law.columbia.edu/sites/default/files/microsites/public-research-leadership/marta_macho_-_punitive_anti-racism_laws_in_brazil.pdf Year: 2014 Country: Brazil URL: http://www.law.columbia.edu/sites/default/files/microsites/public-research-leadership/marta_macho_-_punitive_anti-racism_laws_in_brazil.pdf Shelf Number: 145233 Keywords: Bias CrimesDiscriminationHate CrimesRacism |
Author: Police Foundation Title: Releasing Open Data on Hate Crimes: A Best Practices Guide for Law Enforcement Agencies Summary: Hate crimes are criminal offenses that are motivated to some extent by the offender's bias. They are different from traditional criminal offenses because they victimize entire groups rather than individuals. As a result, hate crimes tend to have a more severe and wide-reaching impact than traditional offenses, presenting distinct challenges for law enforcement agencies. In the words of Chief Will Johnson, Chair of the Human and Civil Rights Committee at the International Association of Chiefs of Police (IACP), "hate crimes and hate incidents are heinous acts that demand immediate attention, response, and resolution whenever possible." One challenge associated with hate crimes is that they are highly traumatic for both individuals and communities. Victims have little to no control over the characteristics that motivate hate crime, leaving them feeling vulnerable to further attacks, along with everyone who shares the targeted characteristics. Hate crime victims also exhibit greater degrees of anxiety, depression, stress, and anger compared to victims of other crimes. The high level of trauma associated with hate crimes may also be due to the fact that they tend to be more violent than other criminal offenses. According to a report from the Bureau of Justice Statistics (BJS), 92% of all hate crimes were violent between 2007 and 2011. Experts have further noted that the violence associated with hate crimes can be extreme, with murder victims exhibiting signs of literal overkill. With respect to antidisability biases in particular, hate crimes "often involve extraordinary levels of sadism." Another challenge associated with hate crimes is escalation. In the absence of public condemnation for the bias underlying a hate crime, offenders may come to believe that others share and condone their prejudice. As a result, they may be emboldened to continue or escalate their actions. The targeted communities, meanwhile, may seek redress for the bias motivation on their own, leading to a cycle of retaliatory crimes. Law enforcement officials must therefore acknowledge the underlying bias in order to address and prevent hate crime in their jurisdictions. Details: Washington, DC: Police Foundation, 2018. 28p. Source: Internet Resource: Accessed January 18, 2018 at: https://www.policefoundation.org/wp-content/uploads/2018/01/PF_Releasing-Open-Data-on-Hate-Crimes_Final.pdf Year: 2018 Country: United States URL: https://www.policefoundation.org/wp-content/uploads/2018/01/PF_Releasing-Open-Data-on-Hate-Crimes_Final.pdf Shelf Number: 148856 Keywords: Bias CrimesCrime Statistics Hate Crimes |