1

LGBT hate crime and fundamental rights in the European Union

Joining forces to combat homophobic and transphobic violence

A conference on law enforcement agencies and civil society cooperation

The Hague, 8-9 December 2011Dutch Police Academy and ILGA-Europe

2

The Fundamental Rights Agency

Created: 2007, Council Regulation 167/2007. Objective: Provide assistance and expertise to EU

institutions and Member States to support them in fully respecting fundamental rights when implementing EU law.

Task: Collect objective, reliable and comparable data to deliver expert advice.

Method: EU-wide legal and social research relating to fundamental rights.

3

Fundamental rights and hate crime

4

The situation of LGBT persons in the European Union

5

The recognition of homophobic and transphobic hate crime in the EU

Incitement to hatred, violence or discrimination on grounds of sexual orientation are criminalised in 13 Member States : BE, DK, EE, ES, FR, IE, LT, NL, PT, RO, SE, SI, UK.

Homophobic motivation is an aggravating circumstance in 12 Member States: BE, DK, ES, FI, FR, LT, NL, PT, RO, SE, UK.

Homophobic intent is neither a criminal offence nor an aggravating factor in 11 Member States: AT, BG, CY, CZ, DE, EL, HU, IT, LU, LV, MT, PL, SK.

6

Scarcity of official data collection on LGBT hate crime

Official data on homophobic hate crime are collected in 8 Member States: BE (incl. transphobic hate crime), DK, ES (Catalonia), FI, NL, PL, SE, UK.

Official data on transphobic hate crime are collected in a distinct category in 4 Member States: FI, NL, SE, UK.

7

Lack of comparability of official data on LBGT hate crime

Different types of official data on LGBT hate crime are collected in different Member States:

– BE: incidents/crimes; – DK: crimes with an extremist background;– ES/Catalonia: homophobic incidents;– FI: incidents;– NL: discriminatory incidents;– PL: ascertained crimes;– SE: incidents/crimes;– UK/England & Wales: hate crime incidents [data only used for internal

performance management];– UK/Northern Ireland: hate crime incidents;– UK/Scotland: hate crime charges.

8

Stage 1: online survey of LGBT persons:– Provide comparable data about the extent and

nature of discrimination, violence and verbal abuse or hate speech on the grounds of sexual orientation and gender identity in the EU.

Stage 2: survey of public authorities – Comparable data on practices and policies of

various public authorities in Member States to identify whether and how these practices and policies contribute towards creating equality for LGBT persons.

FRA survey on LGBT persons

9

FRA criminal victimisation surveys I

European Union Minorities and Discrimination Survey (EU-MIDIS): racially motivated in person criminal victimisation.

Discrimination and hate crime against Jews in selected Member States.

Violence Against Women in the EU27 + Croatia Discrimination and victimisation of LGBT

persons in the EU27 + Croatia

10

FRA criminal victimisation surveys II Measure the extent to which people in the EU

experience being discriminated against. Measure the extent to which people in the EU

experience they are the subject of criminal victimisation.

Provide an evidence base for stakeholders to formulate policy responses to address violations of fundamental rights.

Contribute to developing indicators with which to measure the implementation of fundamental rights.

11

Conclusions

Uneven landscape Progress is occurring at a variety of speeds Legislation and public acceptance go hand in

hand

12

Thank you for your attention

For further information, please visit www.fra.europa.eu