WHY Hate crime legislation?

What is Love Not Hate Campaign calling for?

We are calling for the government to introduce hate crime legislation immediately, to protect people from various minorities in Ireland. We want to help break the silence on hate crime, encourage people to report racism and other hate attacks and to find effective ways to address it.

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What is hate crime?

INAR definition of hate crime:

hate crime is, typically, a violent crime motivated by prejudice, when a perpetrator targets a victim because of their perceived membership of a certain social group.

On the 9th October 2019 An Garda Síochána introduced a working definition for hate crime and hate incident: 

Hate Incidents – (Crime)

Any criminal offence which is perceived by the victim or any other person to, in whole or in part, be motivated by hostility or prejudice, based on actual or perceived age, disability, ‘race’, colour, nationality, ethnicity, religion, sexual orientation or gender.

Hate Incidents – (Non-Crime)

Any non-crime incident which is perceived by any person to, in whole or in part, be motivated by hostility or prejudice, based on actual or perceived age, disability, race, colour, nationality, ethnicity, religion, sexual orientation or gender.

Explanatory Notes
  • A person, community or institution may be a victim of hate crime by virtue of perceived or actual association with a particular group or background.
  • `Motivation` is presumed by a demonstration or expression of hostility or prejudice.
  • Ethnicity includes ‘Traveller’ and ‘Roma’.
  • Religion includes ‘non-believers’.
  • `Gender` includes gender identity, transgender, intersex, gender expression and gender exploration.
  • An `incident` is an occurrence reported to An Garda Síochána.

Hate crime has 2 important elements:

1. Criminal Act

Hate crimes are acts which are treated as crimes in criminal law, such as assaults, theft, criminal damage, arson or murder.

2. bias motive

Hate crimes are motivated, at least in part, by hatred of someone’s real or supposed identity or background.

Hate crime victims

People targeted by hate-motivated crime in Ireland are usually:

Ethnic minorities

(racist hate crimes)

Religious minorities

(religious hate crimes)

Lesbian, gay, bisexual

(homophobic hate crimes)

Transgender

(anti-transgender hate crimes)

People with disabilities 

(Disablist hate crimes)

Examples of racist crimes

April 2010: Black youth Toyosi Shittabey (15) was murdered in a knife attack in Tyrrelstown, West Dublin. The attack followed an exchange in which his assailant shouted racial abuse. No one has been convicted in connection with Toyosi’s murder.
May 2013: Vietnamese Irish blogger Úna-Minh Kavanagh was attacked by a group of youths assaulted and spat at. They had shouted racial abuse at her. Úna called Gardai and later came face-to-face with her assailant, a 14-year old boy.
February 2013: A house assigned to a Traveller family in Ballyshannon, Co Donegal, was destroyed in an arson attack. The attack came a short time after local Councillor Sean McEniff objected to the house being built and made comments on local radio arguing that Travellers should be kept away from the settled community and isolated.
St Patrick’s day 2014: Adam Labazanov (19), whose family are refugees from Chechnya, was kidnapped at a fake Garda checkpoint and driven 2 miles. He was stripped naked and stabbed 57 times by his assailants after they discovered he was Muslim. They buried him in sand and leaves before leaving him for dead. No one has been brought to justice for these crimes.
July 2015: “Jane”, a working mother of African origin, was forced to move her young children out of their home in county Dublin looking for safety. The family had been subjected to a 2 year ordeal of racist intimidation, culminating in having the tyres on her car slashed repeatedly and racist graffiti being sprayed on her house. No one has been arrested in relation to the crimes committed against Jane and her young family.

Hate crime legislation

The history of the hate crime legislation drafts in Ireland 

Previously, the Coalition Against Hate Crime Ireland supported the Criminal Law (Hate Crime) Bill, which has been published together with the accompanying ‘Out of the Shadows’: Legislating for Hate Crime in Ireland Report. Both were presented to the Government in 2015 by the Hate and Hostility Research Group following a recommendation from the Coalition Against Hate Crime (formerly called The National Steering Group Against Hate Crime).

Hate crime in Ireland: Research

  • Read Life Free From Fear Report indicating the need for a legislative change in the area of hate crime in Ireland informed by primary research with non-governmental organisations engaged in supporting communities which are targets of hate crime.
  • Read The Lifecycle of a Hate Crime: Country Report for Ireland showing that Ireland is “seriously deficient” when it comes to addressing hate crime in the state. According to the report, in Ireland, from the point at which a victim reports a crime to An Garda Síochána to the point at which a judge sentences an offender, the hate element of the crime is filtered out of the criminal justice process.
  • Read iReport.ie Reports of Racism in Ireland.

#LoveNotHate Campaign For hate crime legislation

Find out more about our campaign calling for the introduction of hate crime legislation in Ireland. 

 

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Why do we need hate crime legislation?

To protect minorities

Everyone has a right to live safely and to participate fully, without fear, in all aspects of life. Having hate crime legislation makes a strong statement that we value an inclusive society where crimes committed on the basis of a victim’s identity are not tolerated.

Hate crime legislation works

In other countries, Hate Crime Legislation is effective in bringing people who commit hate crimes to justice, preventing others from committing them and restoring community confidence in the state.

To make the State take racism seriously

In 2014 ENAR Ireland recorded 137 incidents meeting the criteria for racist hate crime, while An Garda Síochána recorded only 43. Having hate crime legislation in place will help ensure that hate crimes are recorded and taken seriously.

Hate crime hurts more

The psychological impact of hate crime is deeper than regular crime, with the distress and fear lasting longer. Hate crime dehumanises, goes to the heart of a person’s identity, damages dignity and forces people to change their behaviour. Having specific protection in law for victims of hate crime recognises the seriousness and greater damage done by those crimes.

Hate crimes damage community relations

Hate crimes can lead to fear spreading through the community, especially when there is a poor response. People from the same and other minority groups often react as if the same crime has happened to them. Communities can become isolated and torn apart. Ultimately, racist and religious hate crimes can lead to ethnic conflict.

The importance of Hate crime legislation

The introduction of hate crime legislation would mean:

The creation of special new categories of aggravated offences:

Everyone has a right to live safely and to participate fully, without fear, in all aspects of life. Having hate crime legislation makes a strong statement that we value an inclusive society where crimes committed on the basis of a victim’s identity are not tolerated.

The provision of enhanced sentencing:

Offenders will get a higher sentence for a crime committed with a bias element against named protected categories such as the following:

Race, colour, ethnic or social origin, genetic features, language, religion or belief, national minority, Travellers and Roma, disability, age, gender, gender expression, gender identity, sexual orientation, residence status, health, sex characteristics and ability to communicate.

Leadership in the criminal justice system

Having hate crime recognised in lawprovides police and the entire criminal justice system with the clarity they need to recognise, record, communicate and prosecute hate crimes appropriately providing a better support for victims.

Resources

If you would like to organise a #LoveNotHate campaign event you can order brochures and badges from our office by emailing aga@inar.ie.