Harassment and Victimisation Introduction
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A Comparative Analysis of Hate Crime Legislation
A Comparative Analysis of Hate Crime Legislation A Report to the Hate Crime Legislation Review James Chalmers and Fiona Leverick University of Glasgow, July 2017 i A Comparative Analysis of Hate Crime Legislation: A Report to the Hate Crime Legislation Review July 2017 CONTENTS INTRODUCTION ________________________________________________ 1 1. WHAT IS HATE CRIME? ________________________________________ 4 2. HATE CRIME LEGISLATION IN SCOTLAND __________________________ 7 3. JUSTIFICATIONS FOR PUNISHING HATE CRIME MORE SEVERELY ______ 23 4. MODELS OF HATE CRIME LEGISLATION __________________________ 40 5. CHOICE OF PROTECTED CHARACTERISTICS _______________________ 52 6. HATE SPEECH AND STIRRING UP OFFENCES _______________________ 68 7. HATE CRIME LEGISLATION IN SELECTED JURISDICTIONS _____________ 89 8. APPROACHES TAKEN IN OTHER JURISDICTIONS RELEVANT TO THE OFFENSIVE BEHAVIOUR AT FOOTBALL AND THREATENING COMMUNICATIONS (SCOTLAND) ACT 2012 ____________________________________________________ 134 ii INTRODUCTION In January 2017, the Scottish Government announced a review of hate crime legislation, chaired by Lord Bracadale.1 Lord Bracadale requested that, to assist the Review it its task, we produce a comparative report detailing principles underpinning hate crime legislation and approaches taken to hate crime in a range of jurisdictions. Work on this report commenced in late March 2017 and the final report was submitted to the Review in July 2017. Chapter 1 (What is Hate Crime?) explores what is meant by the term “hate crime”, noting that different definitions may properly be used for different purposes. It notes that the legislative response to hate crime can be characterised by the definition offered by Chakraborti and Garland: the creation of offences, or sentencing provisions, “which adhere to the principle that crimes motivated by hatred or prejudice towards particular features of the victim’s identity should be treated differently from ‘ordinary’ crimes”. -
The Bullying of Teachers Is Slowly Entering the National Spotlight. How Will Your School Respond?
UNDER ATTACK The bullying of teachers is slowly entering the national spotlight. How will your school respond? BY ADRIENNE VAN DER VALK ON NOVEMBER !, "#!$, Teaching Tolerance (TT) posted a blog by an anonymous contributor titled “Teachers Can Be Bullied Too.” The author describes being screamed at by her department head in front of colleagues and kids and having her employment repeatedly threatened. She also tells of the depres- sion and anxiety that plagued her fol- lowing each incident. To be honest, we debated posting it. “Was this really a TT issue?” we asked ourselves. Would our readers care about the misfortune of one teacher? How common was this experience anyway? The answer became apparent the next day when the comments section exploded. A popular TT blog might elicit a dozen or so total comments; readers of this blog left dozens upon dozens of long, personal comments every day—and they contin- ued to do so. “It happened to me,” “It’s !"!TEACHING TOLERANCE ILLUSTRATION BY BYRON EGGENSCHWILER happening to me,” “It’s happening in my for the Prevention of Teacher Abuse repeatedly videotaping the target’s class department. I don’t know how to stop it.” (NAPTA). Based on over a decade of without explanation and suspending the This outpouring was a surprise, but it work supporting bullied teachers, she target for insubordination if she attempts shouldn’t have been. A quick Web search asserts that the motives behind teacher to report the situation. revealed that educators report being abuse fall into two camps. Another strong theme among work- bullied at higher rates than profession- “[Some people] are doing it because place bullying experts is the acute need als in almost any other field. -
Rehabilitating a Federal Supervisor's Reputation Through a Claim
Title VII and EEOC case law have created an almost blanket protection for defamatory statements made in the form of allegations of harassment or discrimination in the federal workplace. In this environment, federal supervisors would do well to exercise caution before resorting to the intui- tive remedy of a defamation claim. Although there are some situations where an employee may engage in action so egregious that a claim of defamation is a good option, one cannot escape the fact that supervisory employment in the federal workplace comes with an increased risk of defamatory accusations for which there is no legal remedy. BY DANIEL WATSON 66 • THE FEDERAL LAWYER • OCTOBER/NOVEMBER 2014 Rehabilitating a Federal Supervisor’s Reputation Through a Claim of Defamation ohn Doe is a supervisor for a federal and demeaning insults he was alleged to have yelled at Jane agency. As he was leaving the office one Doe, and sex discrimination for his refusal to publish her work. Outraged at the false accusation, John immediately called Jnight, a female subordinate, Jane Doe, Jane into his office and asked her how she could have lied. Did stopped and asked why her work product she not know it was illegal to lie about that type of behavior? Jane responded by accusing John of retaliation. A week after had not received approval for publication. the incident, while speaking to a coworker, John Doe discov- He attempted to explain that he had already ered that the coworker had overheard the entire conversation documented his critique via e-mail and that between John and Jane and would swear to the fact that Jane was lying about what was said. -
Research Into Cyberbullying and Cyber Victimisation
Australasian Journal of Educational Technology 2007, 23(4), 435-454 Bullying in the new playground: Research into cyberbullying and cyber victimisation Qing Li University of Calgary This study examines the nature and extent of adolescents’ cyberbullying experiences, and explores the extent to which various factors, including bullying, culture, and gender, contribute to cyberbullying and cyber victimisation in junior high schools. In this study, one in three adolescents was a cyber victim, one in five was a cyberbully, and over half of the students had either experienced or heard about cyberbullying incidents. Close to half of the cyber victims had no idea who the predators were. Culture and engagement in traditional bullying were strong predictors not only for cyberbullying, but also for cyber victimisation. Gender also played a significant role, as males, compared to their female counterparts, were more likely to be cyberbullies. Cyberbullying and cyber victimisation School bullying has been widely recognised as a serious problem and it is particularly persistent and acute during junior high and middle school periods (National Center for Educational-Statistics, 1995). In the USA, “up to 15% of students … are frequently or severely harassed by their peers. … Only a slim majority of 4th through 12th graders … (55.2%) reported neither having been picked on nor picking on others” (Hoover & Olsen, 2001). Universally, bullying is reported as a significant problem in many countries of the world including European countries, North America, and Japan (Smith et al., 1999), suggesting that bullying may play a important role in adolescents’ life in many societies. More importantly, it is reported that in many cases of school shootings, the bully played a major role (Dedman, 2001; Markward, Cline & Markward, 2002). -
Victimisation from Physical Punishment and Intimate Partner Aggression in South Africa: the Role of Revictimisation
Victimisation from Physical Punishment and Intimate Partner Aggression in South Africa: The Role of Revictimisation Master’s Thesis in Peace, Mediation and Conflict Research Developmental Psychology Magret Tsoahae, 1901696 Supervisor: Karin Österman Faculty of Education and Welfare Studies Åbo Akademi University, Finland Spring 2021 Magret Tsoahae Abstract Aim: The aim of the study was to investigate victimisation from physical punishment during childhood, victimisation from an intimate partner as an adult, and psychological concomitants. Method: A questionnaire was completed by 190 females, 32 males, and three who did not state their sex. The respondents where from South Africa. The mean age was 40.0 years (SD 12.2) for females, and 29.7 years (SD 9.9) for males. Results: For females, victimisation from physical punishment correlated significantly with victimisation from intimate partner controlling behaviours. For females, but not for males, victimisation from physical punishment during childhood correlated positively with depression and anxiety later in life. For both females and males, a high significant correlation was found between victimisation from intimate partner physical aggression and controlling behaviours, intimate partner physical aggression also correlated significantly with depression and anxiety. For males, victimisation from controlling behaviours correlated significantly with anxiety. Respondents who had been victimised more than average from physical punishment scored significantly higher than others on victimisation from controlling behaviours, intimate partner physical aggression, depression, and anxiety. Conclusions: It was concluded that victimisation from intimate partner aggression was associated with previous victimisation from physical punishment during childhood and could therefore constitute a form of revictimisation. Key Words: Controlling behaviours by a partner, physical intimate partner aggression, physical punishment during childhood, depression, anxiety, South Africa. -
Online Hate Speech
Measuring trends in online hate speech victimisation Summary of findings and exposure, and attitudes • Overall, 15% of New Zealand adults reported having been personally targeted in New Zealand with online hate speech in the last 12 months. Prepared by Dr. Edgar Pacheco & Neil Melhuish • Compared to our 2018 survey, this result is What is this about? higher by 4 percentage points. On 15 March 2019 a devastating terrorist attack • Over one third of personal experiences of against the Al-Noor Mosque and the Linwood online hate speech occurred after the Christchurch attacks. Islamic Centre in Christchurch killed 51 people and injured 49, some seriously. In addition to • Half of Muslim respondents said they were the tragic loss of life, the attack generated one personally targeted with online hate in the last 12 months. Prevalence was also more of the most significant online safety challenges common among Hindus. New Zealand has experienced. In the immediate aftermath a text reportedly written by • Similar to 2018, people with disabilities and the attacker that included racist and identifiying as non-heterosexuals were also targeted at higher rates. discriminatory language and a livestream video of the attack went viral and continued to • About 3 in 10 adult New Zealanders say reverberate across the internet. they have seen or encountered online hate speech content that targeted someone About 46 minutes after the attack began, else. Netsafe received its first call from the public • Nearly 7 in 10 New Zealand adults think about this content being accessible online. It that online hate speech is spreading. went onto receive just under 600 enquiries and • Over 8 in 10 adults believe that social complaints in the days following. -
Teachers' Perceptions of Homophobic Victimisation Among Learners Within Independent Secondary Schools
Teachers’ Perceptions of Homophobic Victimisation among Learners within Independent Secondary Schools A research report submitted in partial fulfilment of the requirements for the degree of Masters in Education (Educational Psychology) in the Humanities Faculty, University of the Witwatersrand, Johannesburg. Hendrik Petrus Mostert 0207843W Supervisor: Dr. Charmaine Gordon Department of Psychology School of Human and Community Development University of the Witwatersrand DECLARATION I declare that this research report is my own, unaided work. It is being submitted for the degree of Masters in Education (Educational Psychology) in the Department of Psychology, School of Human and Community Development, University of the Witwatersrand, Johannesburg. It has not been submitted before for any degree or examination at any other university. Signed: ____________________________ Hendrik Petrus Mostert Date: ______________________________ i TABLE OF CONTENTS DECLARATION .......................................................................................................................................... i TABLE OF CONTENTS ............................................................................................................................... ii LIST OF TABLES ........................................................................................................................................ v LIST OF FIGURES .................................................................................................................................... -
Defamation in the Era of #Metoo
Defamation in the Era of #MeToo: An Introduction to Defamation Claims Related to Sexual Harassment Why are we here? Just to name a few… What Does Sexual Harassment Have To Do With Defamation? • There is an increasing trend in the filing of defamation lawsuits pertaining to allegations of sexual misconduct. - Ratner v. Kohler (D. Haw.) - Elliott v. Donegan (E.D.N.Y) - Unsworth v. Musk (C.D. Cal.) - McKee v. Cosby (1st Circuit) - Zervos v. Trump (N.Y. Sup. Ct.) - Stormy Daniels v. Trump (C.D. Cal.) • The changing political climate toward the freedom of the press has also given rise to recent defamation lawsuits. • Palin v. New York Times (S.D.N.Y) What is Defamation? A publication of or concerning a third party that … . Contains a false statement of fact, . Carries a defamatory meaning, and . Is made with some level of fault. Types of Defamation Libel v. Slander “Libel and slander are both methods of defamation; the former being expressed by print, writing, pictures or signs; the latter by oral expressions or transitory gestures.” Libel Per Se • The four established “per se” categories are statements • Charging a plaintiff with a serious crime; • That tend to injure another in his or her trade, business or profession; • That a plaintiff has a loathsome disease; or • Imputing unchastity to a woman What is a “Publication”? Classic publications: . Books . News articles . Opinion columns . Advertisements & billboards . Oral communications What is a “Publication”? But how about … . Blogs? . Tweets? . Facebook posts? . Instagram pictures? . Online comments? What is “Of” or “Concerning”? • The statement is “of and concerning” the plaintiff when it “designates the plaintiff in such a way as to let those who knew [the plaintiff] understand that [he] was the person meant. -
Bullying and Harassment of Doctors in the Workplace Report
Health Policy & Economic Research Unit Bullying and harassment of doctors in the workplace Report May 2006 improving health Health Policy & Economic Research Unit Contents List of tables and figures . 2 Executive summary . 3 Introduction. 5 Defining workplace bullying and harassment . 6 Types of bullying and harassment . 7 Incidence of workplace bullying and harassment . 9 Who are the bullies? . 12 Reporting bullying behaviour . 14 Impacts of workplace bullying and harassment . 16 Identifying good practice. 18 Areas for further attention . 20 Suggested ways forward. 21 Useful contacts . 22 References. 24 Bullying and harassment of doctors in the workplace 1 Health Policy & Economic Research Unit List of tables and figures Table 1 Reported experience of bullying, harassment or abuse by NHS medical and dental staff in the previous 12 months, 2005 Table 2 Respondents who have been a victim of bullying/intimidation or discrimination while at medical school or on placement Table 3 Course of action taken by SAS doctors in response to bullying behaviour experienced at work (n=168) Figure 1 Source of bullying behaviour according to SAS doctors, 2005 Figure 2 Whether NHS trust takes effective action if staff are bullied and harassed according to medical and dental staff, 2005 2 Bullying and harassment of doctors in the workplace Health Policy & Economic Research Unit Executive summary • Bullying and harassment in the workplace is not a new problem and has been recognised in all sectors of the workforce. It has been estimated that workplace bullying affects up to 50 per cent of the UK workforce at some time in their working lives and costs employers 80 million lost working days and up to £2 billion in lost revenue each year. -
Judgment As Approved by the Court
Case No: C/2001/1336 Neutral Citation Number: [2002] EWCA Civ 567 IN THE SUPREME COURT OF JUDICATURE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE IMMIGRATION APPEAL TRIBUNAL Royal Courts of Justice Strand, London, WC2A 2LL Friday 26th April 2002 Before: LORD JUSTICE AULD LORD JUSTICE WALLER and LADY JUSTICE ARDEN - - - - - - - - - - - - - - - - - - - - - Between: SECRETARY OF STATE FOR THE HOME Appellant DEPARTMENT - and - SKENDERAJ Respondent - - - - - - - - - - - - - - - - - - - - - (Transcript of the Handed Down Judgment of Smith Bernal Reporting Limited, 190 Fleet Street London EC4A 2AG Tel No: 020 7421 4040, Fax No: 020 7831 8838 Official Shorthand Writers to the Court) - - - - - - - - - - - - - - - - - - - - - Stephen Vokes (instructed by Nelsons) for the Appellant Eleanor Grey (instructed by The Treasury Solicitors) for the Respondent - - - - - - - - - - - - - - - - - - - - - Judgment As Approved by the Court Crown Copyright © Lord Justice Auld: 1. This appeal concerns the definition of refugee in Article 1(A) of the Geneva Convention of 28th July 1951 in its application to non-state persecution. In particular, it is concerned, in the context of Albanian blood feuds, with the definition and consequence of membership of a “particular social group” and the availability and sufficiency of protection when it is not sought. The material words of Article 1A are that: “ … the term ’refugee’ shall apply to any person who:… owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; … ” 2. Hasan Skederaj, a citizen of Albania, appeals against the decision of the Immigration Appeal Tribunal declining to uphold the determination of an adjudicator that he should be granted asylum. -
Workplace Bullying and Harassment
AMA Position Statement Workplace Bullying and Harassment 2009 Introduction There is good evidence that bullying and harassment of doctors occurs in the workplace. One Australian study found that 50% of Australian junior doctors had been bullied in their workplace, and a New Zealand study reported that 50% of doctors had experienced at least one episode of bullying behaviour during their previous three or sixth-month clinical attachment. 1 2 Workplace bullying of members of the medical workforce can occur between colleagues students and employees, and any contractors, patients, and family members with whom they are dealing. The aims of this position statement are to: • provide a guide for all doctors, hospital and practice managers to identify and manage workplace bullying and harassment, • raise awareness and reduce the exposure of doctors to workplace bullying and harassment, and • assist the medical profession in combating its perpetuation. Definition Workplace bullying is defined as a pattern of unreasonable and inappropriate behaviour towards others, although it may occur as a single event. Such behaviour intimidates, offends, degrades, insults or humiliates an employee. It can include psychological, social, and physical bullying.3 Most people use the terms ‘bullying’ and ‘harassment’ interchangeably and bullying is often described as a form of harassment. The range of behaviours that constitutes bullying and harassment is wide and may include: • physical violence and intimidation, • vexatious reports and malicious rumours, • verbal threats, yelling, screaming, offensive language or inappropriate comments, • excluding or isolating employees (including assigning meaningless tasks unrelated to the job or giving employees impossible tasks or enforced overwork), • deliberately changing work rosters to inconvenience particular employees, • undermining work performance by deliberately withholding information vital for effective work performance, and • inappropriate or unwelcome sexual attention. -
BOT Report 09-Nov-20.Docx
REPORT 9 OF THE BOARD OF TRUSTEES (November 2020) Bullying in the Practice of Medicine (Reference Committee D) EXECUTIVE SUMMARY At the 2019 Annual Meeting Resolution 402-A-19, “Bullying in the Practice of Medicine,” was introduced by the Young Physicians Section and referred by the House of Delegates (HOD) for report back at the 2020 Annual Meeting. The resolution asks the American Medical Association (AMA) to help (1) establish a clear definition of professional bullying, (2) establish prevalence and impact of professional bullying, and (3) establish guidelines for prevention of professional bullying. This report provides statistics and other information about the prevalence and impact of professional bullying in the practice of medicine, and makes recommendations for the adoption of a formal definition and guidelines for establishing policies and strategies for preventing and addressing incidents of bullying among the health care staff. Bullying in the practice of medicine for physicians can begin in medical school and can endure throughout a physician’s career. Bullying is not limited to physicians and can happen among other members of the health care team. Bullying has many definitions, all commonly referring to the repeated abuse of a target by a perpetrator in a work setting. Bullying occurs at different levels within the practice of medicine, and affects the victim as well as their patients, care teams, organizations, and families. Nationally recognized organizations have established guidelines on which health care employers can base their internal policies, and many organizations have implemented anti-bullying or anti-violence policies. Bullying in medicine needs to be stopped and prevented for the sake of patients and care quality, the well- being of the physician workforce, and the integrity of the medical profession.