The deliberate process of influencing those who make or have responsibility for implementing policy decisions. As such, the word ‘advocacy’ is quite pliable and is used variously to suit organisational agendas. It is understood in terms of the work an organisation does and the fundamental mission of the organisation.
Criteria that can assist law enforcement professionals in determining whether a particular crime should be classified as a bias/hate crime. These criteria are not all-inclusive, and each case must be examined on its own facts and circumstances.
A bias or hate crime or hate-motivated incident can be based on one of the following motivations: race/ethnicity, religion/faith, nationality, age, disability, sex, sexual orientation, gender identity, or other grounds.
Acronym for Civil Society Organisation
The term documentation can have different meanings, depending on the geographical context or the field in which it is employed. It is important to stress that documenting is a process that includes different steps, which can vary depending on the goal of the documentation. But generally, documentation consists of:
Data collection: determining what information is needed and establishing means for acquiring it. Monitoring is a key means of collecting data and information in the case of incidents that occur at specific events (such as LGBT pride marches; particular religious holidays). Other methods (interviews, questionnaires, etc.) may be more appropriate to collect data about an individual incident, such as an attack on the street or a bullying incident at school. Where and when possible, it is a good idea to collect information through both monitoring and fact- finding activities. This allows for a more complete picture to be drawn and to cross-check the information.
Organising and analysing the data to make them more accessible. This step could mean elaborating statistics, charts and graphs to make findings more visible.
Reporting: disseminating the information to actors (government authorities, European/ international institutions, human rights institutions, etc.) who can take action. In order to be effective and successful, it helps to have a dissemination strategy, i.e. to think about who we want to send the information to at an early stage.
Forms of expression that are motivated by, demonstrate or encourage hostility towards a group or a person because of their membership of that group. Since hate speech may encourage or accompany hate crimes, the two concepts are interlinked. States differ considerably as to which forms of expression constitute hate crimes. Direct and immediate threats of violence, as well as incitement to violence, are crimes in all OSCE participating States, hence these crimes can be prosecuted even without a bias motive. Beyond this, however, there is no consensus on what other forms of speech should be prohibited.
An act that involves prejudice and bias of the sort described above but does not amount to a crime is described as a “hate-motivated incident”. The term describes acts motivated by prejudice ranging from those that are merely offensive to those constituting criminal acts in which the crime has not been proven. Although hate-motivated incidents do not always involve crimes, such incidents often precede, accompany or provide the context of hate crimes.
“Human rights defender” is a term applied broadly to a person who acts to promote or protect human rights, individually or in concert with others. Human rights defenders, whether individuals or members of CSOs, are identified, above all, by what they stand for and what they
do. Human rights defenders and others who actively oppose discrimination and hatred are also among the victims of hate crimes, as they are sometimes targeted for their association and solidarity with the victims of discrimination.
Acronym for lesbian, gay, bisexual, trans and intersex people.
A broad term describing the active collection, verification and use of information to address human rights problems. Human rights monitoring includes observing and gathering information about incidents and events (elections, trials, demonstrations, etc); it has a temporal quality as it generally takes place over an extended period of time. In the specific context of hate crime, the purpose of monitoring is to document violence motivated by hatred and to draw the attention of national authorities or international organisations to the violation of recognised human rights. Monitoring ultimately aims to collect sufficient evidence of hate crimes to convince authorities and the public that something has to be done to improve the situation.
The systematic recording of radio and television broadcasts, the collection of press clippings from print media, and data from online information sources.
In the context of hate incidents recording means the police is keeping a log, or record, of all hate crimes/ incidents that have been experienced and reported by people. It involves taking down key information that relates to these incidents, such as when they occurred and a description of what happened. Normally recording should be done by police whenever a person reports a hate incident, regardless of whether a crime has been committed or not and irrespective of whether there is any evidence to identify the hate element.
A person, who becomes the victim of a hate crime or incident, may already have been the victim on a number of occasions. Previous incidents may not have been reported to the police for a variety of reasons and as such, when an incident is reported, it may be the culmination of a lengthy course of victimisation.
At all stages, from initial notification of a hate crime/ hate-motivated incident to the conclusion of any investigation, there may be risks to the safety and well-being of victims and witnesses. An important risk factor (for police and CSOs) is the identification of potential further victimisation. The perceptions of victims and witnesses of their own risk are necessary considerations.
When a person is the victim of a hate crime and they perceive a lack of commitment or understanding in the response from the police, this can have the effect of victimising them for a second time. Whether they are in fact receiving such a level of response is immaterial, as the victims personal reaction is based on their immediate perception.
Commonly agreed guidelines which define the specifications, characteristics and forms of application of the essential aspects of a process or a method.
The aims of having third party reporting is to increase reporting of hate crime and to increase the flow of intelligence from the different communities whose members suffer from hate motivated incidents/crime. These are achieved by providing members of the public with an
alternative point of contact, which is different from the police. There are a number of initiatives that encourage and assist victims and witnesses to report hate-motivated incidents and crime, these include:
Self-reporting schemes, allowing victims to make direct reports of incidents/crimes without having to speak to the police.
Assisted reporting scheme, involving a third party such as an voluntary organisation, who take details of a incident or crime and pass the report to the police.
A victim of a hate motivated incident/hate crime is a person that has suffered of any incident, which may or may not constitute a criminal offence, which is perceived by the victim or any other person, as being motivated by prejudice or hate based upon race, religion, sexual orientation, faith, disability, etc. The perception of the victim or any other person is the defining factor in determining a hate incident.
The perception of the victim or any other person is the defining factor in determining a hate incident. The apparent lack of motivation as the cause of an incident is not relevant as it is the perception of the victim or any other person that counts. The prejudice or hate perceived can be based on any identifying factor including disability, age, faith, sexual orientation, gender identity and race. A victim of a hate incident does not have to be a member of a minority group or someone who is generally considered to be vulnerable. For example, a heterosexual man who is verbally abused leaving a gay bar may well perceive that it is motivated by homophobia although he himself is not gay. Therefore effectively anyone can be the victim of a hate incident. The deciding factor lies in the perception of the victim or any other person.