EU responses to hate crimes and support to the victims

Linda Maria RavoDG Justice – European CommissionUnit C1

Outline

The legal framework: the Treaties and the EU Charter of Fundamental Rights

(continued) The Framework Decision on racism and xenophobia

(continued) The Victims' Rights Directive

Relevant EU policy action

Financial support

The Treaties and the EU Charter of Fundamental Rights

• General provisions on EU founding values and EU's objectives

• Relevant provisions of the EU Charter within their scope of application

• Relevant provisions laying down EU competences for combating discrimination

• Relevant provisions laying down EU competences in judicial cooperation in criminal matters

The Framework Decision on racism and xenophobia

•Framework Decision 2008/913/JHA adopted in 2008 to lay down a common approach to a common phenomenon by means of criminal law

•Scope: Certain intentional forms of hate speech and hate crime committed with a bias motivation related to the race, colour, religion, descent or national or ethnic origin of the victims

• The EU currently lacks a criminal law instrument to fight against other forms of hate crime and hate speech than those covered by the Framework Decision

• Whether to consider a bias motivation based on grounds other than those explicitly mentioned in the Framework Decision, including sexual orientation and gender identity, an aggravating circumstance, or to criminalise hate speech on those grounds, is up to each Member-state under national law

Combating hate speech under the Framework Decision:

•Obligation to criminalise the public incitement to violence or hatred, including by public dissemination or distribution of tracts, pictures or other material

•Punishment may be limited to conduct ‘carried out in manner likely to disturb public order or which is threatening, abusive or insulting’

•Aiding and abetting must also be punished

•Both natural persons and legal persons shall be held liable

•Obligation to provide for effective, proportionate and dissuasive penalties

•Investigations into or prosecution of the conduct should not depend on a report or an accesation made by a victim

•General rules on jurisdiction, which oblige Member States to ensure that jurisdiction can be established also when the conduct is committed through an information system

Combating hate crime under the Framework Decision:

For all criminal offences (murder, arson, bodily harm etc.), Member States must:

•Either ensure that racist and xenophobic motivation is considered an aggravating circumstance

•Or ensure that such motivation may be taken into consideration by the courts in the determination of penalties

Ongoing work on implementation:

•The implementation deadline expired in November 2010: all Member States have now notified their transposing legislation

•Implementation report published in January 2014

•The Commission formally acquired enforcement powers since 1 December - bilateral dialogues with all Member States have started

Some key challenges identified:

•Incomplete/incorrect transposition

•Limited application of the provisions (gaps in investigation and prosecution)

•Racism in political discourse and in the media

•Online hate speech

•Data collection

•Training

The Victims' Rights Directive

• Directive on the Rights of Victims of Crime adopted in 2012

• It aims at ensuring that all victims of crime are recognised, treated with respect and receive proper protection, support and access to justice

• It also includes provisions on training on victims' needs, and encourages cooperation between Member States and awareness raising on victims' rights

Victims of hate crime – relevant provisions:

•Obligation to assess victims' individual specific needs for protection

•Obligation to ensure unconditional access to specialist support services

•Invitation to collect good quality targeted data, including on the prevalence of particular forms of crime and on how victims are assisted and protected

•Obligation to set up training measures targeted at law enforcement as well as judicial authorities

Ongoing work on implementation:

•The implementation deadline will expire in November 2015 – this is the last phase of a 3 years implementation strategy

•Thematic workshops held with the Member States on certain provisions of the Directive

•Guidance document published in December 2013

•The Commission will soon launch bilateral dialogues with Member States which most need assistance for ensuring a timely and correct transposition

Relevant EU policy action

Support for the establishment of experts fora and platforms which aim at facilitating the exchange of good practices, such as:

•Experts group on racism and xenophobia

•Experts group on the victims rights directive

•FRA Working Party on Hate Crime

Importance of multi-sectorial and multi-actor approach

Financial support

Available EU funding for the following priorities:•the development of efficient monitoring and reporting mechanisms for racist and xenophobic hate crime and speech, including online hate speech, and the exchange of best practices to combat racism, xenophobia and other forms of intolerance, with a focus on criminal law tools•the development of programmes providing support to victims•the training of judges, prosecutors and other legal professionals

Thank you for your attention!