What is disability hate crime? TND Joanna Perry, Hate Crime Officer osce.org/odihr

OSCE: a hate crime is a criminal offence committed with a bias motivation Criminal offence against person or property: Robbery rape, assault, murder, property damage Bias motivation, targeting a fundamental characteristic: Ethnicity, sexual orientation, religion, disability 201 What is disability hate crime

How to recognize disability hate crimes  previous incidents, escalate in severity and frequency, sustained attacks, excessive violence  targeting aids: e.g. wheelchairs, other mobility aids, adapted cars  perpetrators are often "friends", carers, acquaintances, neighbours etc.  multiple perpetrators are involved in incidents condoning and encouraging the main offender(s) - often filming on their mobile phones and sending pictures to friends/social networking sites, YouTube etc.  false accusations of the victim being a paedophile or "grass“  cruelty, humiliation, degrading treatment, often related to the nature of the disability for example blindfolding someone who is profoundly deaf or destroying mobility aids. 301 The OSCE and our work on hate crime

TND Joanna Perry, Hate Crime Officer osce.org/odihr

TND Joanna Perry, Hate Crime Officer osce.org/odihr Legal and conceptual approaches to disability hate crime in the OSCE region Overview : -Hate crime laws -Hate crime recording and reporting -Understanding the impact of hate crime

TND Joanna Perry, Hate Crime Officer osce.org/odihr Hate crime laws 17 countries, including Croatia, have hate crime laws that include disability as a protected characteristic Inclusion of ‘mental’ and/or ‘physical’ Some include ‘social status’, ‘health’ Hostility vs. Discrimination model

Examples of legal provisions Croatia  Art. 87(20) A hate crime is a crime committed because of race, color, religion, national or ethnic origin, disability, gender, sexual orientation or gender identity of another person. Such actions will be taken as an aggravating circumstance if this law does not explicitly prescribe heavier punishment. 701 The OSCE and our work on hate crime

Examples of legal provisions cont‘d  Finland: Criminal Code, Chapter 6, section 5 – Grounds increasing the punishment ( /511) The following are grounds for increasing the punishment: (…)4) the crime has been motivated by race, colour, national or ethnic origin, religion or beliefs, sexual orientation or disability or by other comparable ground (…)  UK: at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on a disability (or presumed disability) of the victim, or that the offence is motivated (wholly or partly) by hostility towards persons who have a disability or a particular disability 801 The OSCE and our work on hate crime

TND Joanna Perry, Hate Crime Officer osce.org/odihr Hate crime reporting and recording

TND Joanna Perry, Hate Crime Officer osce.org/odihr Hate crime reporting and recording

Understanding the impact of disability hate crime Disability hate crime as an issue of independent living Understanding the impact of disability hate crime: NGOs Victimisation surveys Focus groups 1101 The OSCE and our work on hate crime

Any questions? 1201 The OSCE and our work on hate crime