Hate Crime against People with Disabilities Hate Crime against People with Disabilities

People with disabilities are regularly What is hate crime? What is disability? the targets of hate crime. Disability Criminal Offence Disability and impairment are + Bias Motivation two separate things. A person hate crime remains widely hidden = Hate Crime with disability is someone with an impairment who and misunderstood. These crimes Hate crimes comprise two experiences disability. elements: a criminal offence often have unique characteristics that and a bias motivation. A number of negative views have developed in differentiate them from other types of • Hate crimes require a base societies towards people with offence to have occurred. disabilities. Some of these hate crimes. For example, many are In other words, the act stereotypes hold that people committed must constitute with disabilities are dependent, committed repeatedly over years and an offence under ordinary uneducable, unemployable criminal law. If there is no and unproductive, and that involve people who are close to the underlying crime, there is no they are, therefore, in need of hate crime. institutionalized care, sheltered victims. Recognizing the magnitude employment and welfare. This • The perpetrator must prejudice related to the health of the problem is the first step in commit the criminal act with of a person is the primary a particular motive, referred reason for discrimination and effectively countering these crimes. to as a “bias”. It is this disadvantage, and can be the element of bias motive that motive for hate crimes. differentiates hate crimes from ordinary crimes. This means that the perpetrator intentionally chose the target of the crime because of a protected characteristic or expressed hostility during the crime.

Participants at a workshop on combating hate-motivated Ales Giao Hanek, ODIHR Hate Crime Officer, presenting at a OSCE/ crimes against people with disabilities, organized by ODIHR ODIHR-organized workshop on hate crime against people with disabilities. and the European Network of Independent Living (ENIL). What is disability hate How can you Reporting hate crime Developing effective police crime? recognize these hate against people with responses to counter these crimes? disabilities crimes is dependent on Disability hate crimes are collecting reliable data. As motivated by prejudice There are a number of Hate crimes against people states, civil society groups towards people with indicators that can identify with disabilities are critically and individuals recognize disabilities, such as the a bias against people with under-reported. There are a hate crimes against people prejudice described above. disabilities. Incidents can host of challenges to reporting with disabilities and their Perpetrators may target people include one or more of the this type of hate incident, impacts, increased awareness, with disabilities, or people following elements: notably the victims’ potential reporting by victims and who are perceived to have a isolation or proximity to the recording by states will help disability, because they are • Incidents escalate in severity perpetrator, the fear that reveal the full magnitude considered to be vulnerable and frequency; their claim will not be taken of the problem and enable due to the symptoms of • Physical attacks target seriously and the risk that law policy makers to identify the their impairment or health disability aids, for example enforcement officers will not appropriate responses. condition. The perception canes or hearing aids; recognize the severity of this of all people with disabilities • Sustained attacks, excessive type of hate crime. ODIHR has been collecting as vulnerable ultimately violence; and publishing data on hate minimizes or disregards the • False accusations of the Access to justice remains crimes against people with social factors associated victim being a “paedophile”, a critical challenge. disabilities since 2006. Find with their participation and of informing on others or of Governments have a central out more about these crimes inclusion within society, and is spoiling fun for others; role to play in ensuring and how to report them to prejudicial. • Cruelty, humiliation, this access, from the initial ODIHR at degrading treatment, often assessment of victims’ needs hatecrime.osce.org. This prejudice manifests itself related to the nature of the by police officers to support either in the selection of the victim’s disability; mechanisms for victims, target, or in expressions of • Perpetrators are often through governmental or non- hostility towards people with known to the victims, they governmental institutions. disabilities in a crime. For can be so-called “friends”, example, selectively targeting care givers, acquaintances people with disabilities or neighbours; because they are considered • Attacks may take place “easy targets” is an expression in care institutions and be of bias and is, therefore, carried out by staff; considered a hate crime. • Theft by people close to the victim, such as care givers or family members; and • Multiple perpetrators are involved in incidents, condoning and encouraging the main offender(s).

Examples of Disability Hate Crime 3) A man with an intellectual disability was targeted by 1) A woman using a wheelchair reported being subjected to a group and beaten to death. The perpetrators took on-going violence from her neighbours over a period of advantage of the victim, befriending him under false three years. What began with verbal assault based on her pretences to get him to spend his money on alcohol impairment culminated in physical assault, during which and cigarettes for them over a period of three months. the victim was pulled out of her wheelchair. It emerged during the court proceedings that the perpetrators had made a bet to see who could knock out 2) Following years of cruel mistreatment and abuse of the victim first, and repeatedly beat him over the course patients with disabilities, six workers at a care home were of an evening. One of the perpetrators used a derogatory given prison terms. The care givers were filmed assaulting expression insulting the victim’s intelligence. patients by slapping them, pinning them under chairs, taunting and verbally abusing them. What can you do? ODIHR guides on hate Landmark Ruling crime Over a period of four years Dalibor Đorđević, a Croatian man Ombuds Institutions with a physical impairment and a learning disability, was the addressing discrimination and ODIHR has compiled good subject of on-going abuse and violent physical assaults. local associations working practices from OSCE Police intervened when called upon, but they did not take with people with disabilities participating States and concrete action. In 2012, the European Court of Human provide invaluable assistance have shared those through a Rights stated in a landmark ruling that the state had failed in to hate crime victims. Contact number of publications. These its responsibility to protect him from continued abuse. This your local support association publications are available on was a victory for Đorđević and for people with disabilities who or Ombuds Institution to find our website at: face intolerance in their daily lives, re-emphasizing the role out more about hate crimes www.osce.org/odihr/124602 authorities must play to effectively counter hate crimes against against people with disabilities: people with disabilities. Visit ODIHR’s dedicated hate • European Network on crime reporting website at: Independent Living (ENIL): www.hatecrime.osce.org www.enil.eu/about-enil/ membership • The International Ombudsman Institute (IOI): www.theioi.org/ioi-members

More information: For detailed information about ODIHR’s hate crime initiatives and to view its full range of resources and publications, please visit: www.osce.org/odihr/tolerance

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