sign in sign up
<<
Home , Hate crime

Gender-Based Hate -Based Hate Crime

Gender-based hate are What Is Hate Crime? What are Gender- Based Hate Crimes? a consequence of gender inequalities Criminal Offence + Gender-based hate crimes and disproportionately affect women, = Hate Crime are criminal offences motivated by bias against as well as anyone perceived as not • Hate crimes comprise two a person’s gender. Such elements: a criminal offence crimes target people, property complying with prevailing gender and a bias motivation. or associations connected • First, hate crimes require with people or groups due norms. Gender-based hate crimes often a base offence to have to their actual or perceived occurred. In other words, gender. Laws that address seek to intimidate and suppress ways the act committed must crimes motivated by bias constitute an offence under and that cover gender as of life or expressions of identity that criminal law. If there is no a protected characteristic underlying crime, there is no differ as to whether the term are perceived as not complying with hate crime. or gender is used. • The second element of a hate traditional gender norms. They have crime is that the perpetrator One of the motivating factors must commit the criminal act behind this type of crime is a significant, long-lasting impact on the with a particular bias motive the perpetrator’s perceptions or motives (such as a bias of gender norms. The victims victims, and undermine security and against a victim’s , of such crimes are often , ethnicity, colour targeted due to their perceived social cohesion by perpetuating gender and/or their gender). The deviation from gender norms, presence of a bias motive including on the basis of inequalities. The existence of such is what differentiates hate their and crimes from ordinary crimes. . Gender-based crimes also underscores wider trends • A hate crime has taken hate crimes may also target place when a perpetrator people or property due to of intolerance towards other groups. has intentionally targeted their association, professional an individual or property affiliation with or activism Everyone has a role to play in countering because of one or more on gender issues, such as protected characteristics, or women’s rights groups and this and all forms of intolerance. expressed hostility towards civil society organizations the protected characteristic(s) working with victims of during the crime. .

ODIHR’s events bring together civil society representatives, policymakers, Victims of gender-based hate crimes may be selected solely due to their criminal justice actors and others to improve understanding of hate crimes, gender, or on the basis of multiple identity traits, such as their gender, including those motivated by a gender-based bias. (ODIHR/Piotr Markowski) ethnicity and/or religion. Any individual or group, planning clinic and/or investigation and prosecution. Effective access to justice regardless of their gender, other places that might be Data on gender-based hate remains a critical challenge for can be a victim of gender- frequented by individuals of crimes should be collected victims, and one that OSCE based hate crime. However, a specific gender? and gender disaggregated, to participating States need gender-based hate crime • Was the property previously better understand the extent to to address. Governments disproportionately affects targeted in a gender-based which women, men and others have a central role to play in women and girls. Victims may hate incident or crime? are affected by such crimes, ensuring access to justice, be selected solely due to their • In the case of an attack and to identify appropriate from the initial assessment gender, or on the basis of against property, was an measures to counter gender- of victims’ needs by police multiple identity traits, such as object or symbol left at the based hate crimes. When officers to developing support their gender and religion. scene that can be perceived investigating and addressing mechanisms for victims. as offensive or threatening gender-based hate crimes, it Failure to effectively investigate Some cases of gender- on the basis of gender? is important to consider the hate crimes – including those based violence can be • What was the nature of the possible multiple identities of motivated by a gender bias – treated as gender-based violence? Were symbols the victim (such as religion can have a detrimental effect hate crimes. However, representing a specific and ethnicity or gender), on the victims and society at the perpetrator must have gender targeted? as this can have significant large. demonstrated a gender bias • Does the suspect belong ramifications for individual during the incident for it to be to a that targets victims. To be effective, police considered a hate crime. people based on their responses and government gender? This could include Reporting Gender- policies to counter gender- How to Recognize movements characterized Based Hate Crimes based hate crimes must be Gender-Based Hate by misogynistic views (such evidence-based and draw on Crimes as “incels”), violent men’s Gender-based hate crimes, official hate crime data, as well rights activists and groups like all hate crimes, are under- as on reports from civil society There are a number of advocating intolerance reported. The reasons for and international organizations. indicators that can help to against people based on this are numerous: gender- Increased public awareness identify a gender bias in their gender. Does the based hate crimes may not of hate crime, hate crime a potential hate crime. Such suspect’s background or have been widely defined in recording by states, measures indicators, known as “bias criminal record show that either law or practice, while to encourage reporting by indicators”, can prompt they have committed similar the gender element is often victims, and civil society authorities to investigate incidents in the past? overlooked in hate crimes monitoring and reporting will a crime as a gender-based • Was the victim a women’s motivated by multiple . all help reveal the scope of hate crime, enabling a tailored rights, feminist or LGBTI Under-reporting makes it the problem in more detail, response. activist, or a difficult to obtain an accurate enabling policymakers to defender dealing with the picture of the problem. identify appropriate responses. The following questions can protection and safety of help identify gender-based specific groups on the basis hate crimes: of gender? • Did the incident take place • Do the victims or witnesses on a date of significance perceive the incident as either for the perpetrator or Examples of Gender-Based Hate Crimes motivated by bias based on the affected communities the victim’s gender? (e.g., International Women’s • Two women working with an association that assists hate • Were there comments, Rights Day or during the crime victims were repeatedly subjected to misogynist written statements, gestures 16 Days of Activism against and death online. or that indicate bias? Gender Based Violence • A Jewish feminist activist working with women from minority This can include the use Campaign)? communities was repeatedly subjected to anti-Semitic and of gender-based insults, • Is there any other clear misogynist insults and death threats via social media. tropes, and motive? The lack of other • The campaign office of a woman candidate for elected , such as those motives is also a reason to office was vandalized with graffiti containing sexist insults. related to women’s roles consider a bias motivation. • A woman was stabbed multiple times with a knife by a man in the public or private who self-identified as an “incel” (involuntarily celibate). The spheres. Gender-based hate crimes woman and her eight-month-old baby sustained . • Was the targeted property should be monitored and • Three men dressed as women and one woman were a place of professional, recorded as a separate subjected to gender-based and misogynist insults, legal, cultural or health category of crimes. Where threatened, slapped and punched in the face, eyes and significance, such a crime is committed with nose on the night of International Women’s Day. as a women’s rights multiple bias motives, each of • A young woman was attacked and beaten in public by three organization, an LGBTI these biases must be recorded men for wearing a skirt. association, a family and addressed during What Can You Do? • Equinet- the European Network of Equality Bodies: http://www.equineteurope.org/ There are a number of organizations that can assist victims • The International Ombudsman Institute (IOI): www.theioi.org of hate crime. Victim Support Europe, Victim Support United • The European Network of National Human Rights Institutions Kingdom, Assistance for Victims of Crime in Canada and the (ENNHRI): www.ennhri.org , Equality bodies, ombuds institutions addressing and civil society organizations play a central role in ODIHR Guides on Hate Crime countering hate crimes. They serve as vital links between victims, communities and local authorities. You can contact these ODIHR has compiled good practices from OSCE participating organizations, your local support association or your ombuds States on addressing hate crime and has shared these in a institution to find out more about gender-based hate crimes: number of publications, available on our website at: www.osce.org/odihr/guides-related-to-hate-crime • Victim Support Europe: https://victimsupport.eu/ • Victim Support United Kingdom: Find out more about gender-based hate crimes and how civil https://www.victimsupport.org.uk/help-and-support/ society can report incidents to ODIHR by visiting our dedicated get-help Hate Crime Reporting Website at: www.hatecrime.osce.org • Assistance for Victims of Crime, Government of Canada: https://www.canada.ca/en/services/policing/victims.html • Victim Connect Resource Center, United States National Center for Victims of Crime: https://victimconnect.org/learn/types-of-crime/hate- crimes/

More information: OSCE Office for Democratic For detailed information about Institutions and Human Rights ODIHR’s hate crime initiatives and ul. Miodowa 10 to view its full range of resources 00-251 Warsaw and publications, please visit: Poland www.osce.org/odihr/tolerance Tel.: +48 22 520 0600 Fax: +48 22 520 0605 E-mail: [email protected]