Workshop 24 Input by ILGA-Europe (policy and coalition opportunities) Joël Le Déroff – Senior Policy & Programmes Officer – 19 October 2012

What is bias crime: some definitions A variety of definitions depending on European States… … but two basic elements: Existence of an offence Existence of a bias motive …and human rights related reasons to combat it: A breach of several human rights: the right to life, the right to liberty and security, freedom of expression, prohibition of discrimination… Hate crimes are an attack against a person, a group and against the whole society’s values As a result, there is a need to prevent hate crimes and to provide a political response to that problem

What is bias crime: some definitions A growing political awareness? Some encouraging cases (Finland, Hungary, Malta, Georgia) Some less encouraging cases (Italian parliamentary debates) How much data do we get: ILGA-Europe’s experience from our annual submission to the OSCE (Annual hate crime report of the ODIHR)

Policy opportunities (1): international instruments A real political programme agreed by European States… (but not very well implemented) Relevant instruments: OSCE level: Ministerial Council Decision 9/09 of 2009Ministerial Council Decision 9/09 Council of Europe level: Recommendation CM/Rec(2010)05 of 2010Recommendation CM/Rec(2010)05 The actual commitments: Tailored criminal legislation Data collection schemes and publication of statistics Measures to facilitate reporting and to promptly investigate Training of police forces, prosecution services and the judiciary Support to victims with “all relevant actors” Cooperation with international bodies and with civil society organisations

Policy opportunities (2): A new EU Directive The Victims’ Rights Directive Adoption and transposition calendar, legal value Contents of the Directive’s provision No criminal law definition of hate related incidents An individual assessment of all victims’ specific protection needs Criteria: type of crime, including “crime committed with a bias or discriminatory motive, which could notably be related to their personal characteristics” Personal characteristics include sex, sexual orientation, gender identity and expression Consequences: trained professionals, possibility to avoid unnecessary hearing of victim on private life; possibility of non public court hearing Additional policy opportunities: training of practitioners, support from victims support services, cooperation between services

Policy opportunities (3): Next steps Adoption of relevant legislation Role of evidence based advocacy, ILGA-Europe’s Documentation and Advocacy Fund project: ILGA-Europe evidence-based advocacy with the support of the Dutch government: data collection and monitoring of CoE recommendation implementation One new EU challenge: a Directive combating all forms of bias violence A political challenge, with the needs for friendly States to take the lead Outside the EU: still a hot question particularly when it comes to transphobia

Policy opportunities (3): Next steps Adoption of relevant non-legislative policies Dissemination of existing best practices in terms of policing, prosecution and the judiciary Make use of police academies network CEPOL (EU European Police College, producing “common curricula”) AEPC (Association of European Police Colleges, broader than the EU) Make use of international organisation tools: The example of OSCE/ODIHR training schemes for law enforcement bodies

An important note: coalition building ILGA-Europe and other NGO networks (social sector and anti- discrimination) adopted a joint position in this area at the Social Platform. Please make use of it! ental_Rights/Social%20Platform%20Position%20on%20bias%2 0violence% pdf

Thank you for your attention!