14/02/2025
FSG Igualdad y No Discriminación
A more effective criminal justice response to hate crime is not enough. The Council of Europe considers it vital that Member States intensify collaboration with civil society, in particular with organisations working with victims. It recommends increasing financial support and providing resources to deal with the ‘threats, harassment or recriminations’ they receive as a ‘consequence of their work.’
Fundación Secretariado Gitano welcomes the Recommendation and its explanatory document, which strengthen the protection of victims of hate crimes and clarify the applicable standards. They also recognise the key role of the organisations that accompany and advise those who suffer most from these situations, such as the Roma.
The Council of Europe has published an explanatory memorandum in which each point of the Recommendation approved on 7 May by the Committee of Ministers is broken down.
Hate crimes are presented in the Recommendation as ‘a particularly serious type of crime’ that ‘interferes with the safety of individuals and groups that are targeted by it, undermines the principles of equality and human dignity’ and ‘destroys democratic values, social stability and peace, thereby threatening the very basis of democratic societies and the rule of law.’
The Recommendation, drawn up by the Committee of Experts on combatting hate crime, complements existing instruments, based on a deliberately broad understanding of the phenomenon that aims ‘to ensure that there is no ambiguity.’ The focus of interest covers ‘from everyday stigmatisation and manifestations of intolerance, verbal abuse and microaggressions through to discrimination, hate speech, violence and hate crime, and ultimately to terrorism or genocide, through acknowledging that hate speech such as verbal abuse may constitute hate crime.’
One of the basic principles is to strengthen the penal system to provide an adequate response to the seriousness of this phenomenon. ‘Policies should be introduced throughout the criminal justice process to ensure that hate crimes are unmasked, recorded, investigated, prosecuted and sentenced appropriately’, the Recommendation states.
These actions should be framed within ‘a coherent strategy and a wide-ranging set of legal and policy measures’ that allow for ‘comprehensive approach to preventing and combating hate crime,’ avoiding ‘fragmented approaches.’
Special mention is made of the need for effective ‘victim support services’ that are broad in scope, combining different types of psychological, social, medical or legal support, even when the victim does not report the crime.
Another important emphasis is placed on ‘education systems’, considered ‘a key means’ for both the prevention, management and treatment of hate crimes. More specifically, the Recommendation suggests that ‘specialist liaison officers could be considered to provide support across educational districts.’
Strengthening the role of civil society
The Recommendation advocates recognising a central role for civil society, and in particular for organisations working in the field of hate crime. ‘A fully funded and resourced civil society is vital to the promotion and protection of the rights of individuals and groups exposed to hate crime’, reads the Explanatory Memorandum.
Among the recommended channels of collaboration are included the training of police officers and a permanent dialogue with the justice system and with the Administration in general, to improve and monitor public policies on hate crimes.
Collaboration is also encouraged for the assistance and accompaniment of victims. These organisations can play an important intermediary role with the aim of reducing the under-reporting of hate crimes. ‘It is well-documented that lack of trust in the police is a main cause why many hate crime attacks are not reported to the police,’ the Memorandum acknowledges.
While advocating for stronger collaboration in caring for and defending the rights of victims, the document reminds the Member states of the Council of Europe that, in a context of increasing hate crimes, ‘civil society organisations may face threats, harassment or recrimination as a result of their work on hate crime, as they may face hostility by supporting minority groups or by advocating for the rights of groups subject to discrimination and hate.’
At Fundación Secretariado Gitano we highly value both the Recommendation and the explanatory document, given that they reinforce and clarify the applicable standards for the protection of victims of hate crimes, granting a very important role to entities that, like ours, are dedicated to accompanying and advising people who suffer from this type of crime, such as the Roma.
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