Homophobia and Discrimination on

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Legislation regarding homophobic hate crime <strong>and</strong> hate speech Official statistical data regarding hate crime <strong>and</strong> hate speech Official statistical data on police reports <strong>and</strong> court procedures are scarce. Regarding court cases on hate speech only Lithuania has official data. In 2007 a total of 15 criminal court cases were initiated. One resulted in a conviction. 62 Regarding prosecutions on hate crime, only the United Kingdom has official data. In 2007 a total of 988 criminal court cases were initiated, of which 759 were convicted. 63 Official data on incidents of hate speech <strong>and</strong> hate crime reported to the police are produced in Sweden where 723 62 Lithuania, country report 63 The Crown Prosecution Service (CPS), which keeps data for Engl<strong>and</strong> <strong>and</strong> Wales, collects statistical information on homophobic crime in general <strong>and</strong> does not disaggregate it according to the type of offense committed, e.g. hate speech. When prosecuting cases with a homophobic element, the CPS adopts the following definition for homophobic crime: ‘Any incident which is perceived to be homophobic or transphobic by the victim’. (Email communication with the CPS, 24.01.2008, <strong>and</strong> with the Justice Department of the Scottish Government, 07.02.2008). See also: OSCE/ODIHR (2008) Hate Crimes in the OSCE Region - Incidents <strong>and</strong> Responses. Annual Report for 2007, p. 46; <strong>and</strong> United Kingdom, country report. Part II - The Social Situation 41
<strong>Homophobia</strong> <strong>and</strong> <strong>Discrimination</strong> on Grounds of Sexual Orientation <strong>and</strong> Gender Identity in the EU Member States 42 police reports in 2007 were related to homophobic incidents. 64 In the period 1 January to 30 June 2008 150 homophobic incidents (violence, abuse or harassment) were reported by the police in the Netherl<strong>and</strong>s. 65 The lack of official statistics in other Member States partly results from the fact that hate speech <strong>and</strong> hate crime offenses are either not considered a crime or an aggravating factor or the collection on complaints do not disaggregate according to the motive (it is thus not possible to distinguish between, for example, racist <strong>and</strong> homophobic motives in the statistics). Countries that record a significant number of incidents, for instance the United Kingdom 66 , have developed excellent tools for hate crime reporting, e.g. self-report forms <strong>and</strong> third party reporting sites giving the public the ability to report at locations other than police stations through a partnership of relevant specialist agencies, <strong>and</strong> can done without revealing the victim's personal details. Only with the victim's consent will police investigate the crime. Third Party Reporting allows victims to gain confidence <strong>and</strong> be encouraged to report crime, while agencies can identify appropriate support organisations to best help victims. Improved recording of hate crime draws a more accurate picture, thus enabling police <strong>and</strong> other partners to respond more effectively through intelligence-led pro-active targeting. In addition, the UK has developed simple <strong>and</strong> effective operational definitions for reporting homophobic incidents: • A homophobic incident is any incident which is perceived to be homophobic by the victim or any other person. • A transphobic incident is any incident which is perceived to be transphobic by the victim or any other person. Surveys <strong>and</strong> other data sources There is no comparative survey at EU level on hate crime. Nevertheless, studies have been carried out in several Member States, <strong>and</strong> have universally shown the presence of hate crime <strong>and</strong> hate incidents—a finding backed by the assessments of all LGBT NGOs 64 Report 2008:15 from Brottsförebygg<strong>and</strong>erådet, Hatbrott 2007, pp. 81-90, available at http://www.bra.se/extra/measurepoint/?module_instance=4&name=Hatbrott_2007_webb.pdf&url=/dynam aster/file_archive/080716/6141d937f1ed069853de33f15d209d28/Hatbrott%255f2007%255fwebb.pdf (12.12.2008) 65 Politieacademie (2008) ‘Rapportage homofoob geweld. Politiegegevens. Periode 1 januari - 1 juli 2008’ 66 Even in the UK it is estimated that 85 per cent of homophobic crimes go unreported, see for example http://www.barnet.gov.uk/index/community-living/safety/harassment-help/harassment-helphomophobia.htm (05.02.2009)
Page 2 and 3: European Union Agency for Fundament
Page 4 and 5: Foreword On December 18 2008 the UN
Page 6 and 7: Contents FOREWORD .................
Page 8 and 9: Executive Summary Background The pr
Page 10 and 11: Fear of discrimination, homophobia
Page 12 and 13: usually young men in groups. In rec
Page 14 and 15: Bullying and haras
Page 16 and 17: Asylum Although all Member States r
Page 18 and 19: Opinions According to Art 4(1)(d) o
Page 20 and 21: more public awareness on LGBT issue
Page 22 and 23: 25. Sports organisations or institu
Page 24 and 25: Introduction ‘Respect for the rig
Page 26 and 27: Clarification of terms and<
Page 28 and 29: assigned to them at birth. This inc
Page 30 and 31: Methodology The present analysis re
Page 32 and 33: PART I: Lesbians, gay men, bisexual
Page 34 and 35: in 2003 by the Campaign Against <st
Page 36 and 37: impact that I think profoundly affe
Page 38 and 39: These results come as no surprise.
Page 40 and 41: ‘came out’ to their parents. In
Page 44 and 45: and National Equal
Page 46 and 47: 'A group of young people from my to
Page 48 and 49: Several factors may contribute to t
Page 50 and 51: eveal that the National Equality Bo
Page 52 and 53: 'We must say a clear "no" to all th
Page 54 and 55: The Office of the Equal Opportuniti
Page 56 and 57: Bans In recent years there have bee
Page 58 and 59: news media. Violent attacks on demo
Page 60 and 61: efused to rent office space to the
Page 62 and 63: A Finnish study 153 indicated that
Page 64 and 65: National Equality Bodies There is a
Page 66 and 67: Interviews with National Equality B
Page 68 and 69: Research on workplace experiences T
Page 70 and 71: Another United Kingdom study, 194 b
Page 72 and 73: Conclusions LGBT persons are subjec
Page 74 and 75: In interview, the Belgian LGBT NGO
Page 76 and 77: ‘horseplay’ or ‘messing aroun
Page 78 and 79: LGBT youth examined suggested that
Page 80 and 81: educational curricula, as it contri
Page 82 and 83: on the grounds of their sexual orie
Page 84 and 85: 'I was an out patient at hospital <
Page 86 and 87: general population, and</st
Page 88 and 89: I.7. Religious institutions It was
Page 90 and 91: specified. The EU has criticized th
Page 92 and 93:
I.8. Sports This section addresses
Page 94 and 95:
issue of homophobia or the situatio
Page 96 and 97:
I.9. Media This section examines ho
Page 98 and 99:
appear as heterosexuals in order to
Page 100 and 101:
Conclusions Incidents of homophobic
Page 102 and 103:
In other Member States data indicat
Page 104 and 105:
interaction with police was support
Page 106 and 107:
Conclusions All the Member States i
Page 108 and 109:
National Council for Combating <str
Page 110 and 111:
empowering ethnic minority LGBT peo
Page 112 and 113:
Conclusions People with multiple id
Page 114 and 115:
ief overview is given here in order
Page 116 and 117:
e closely linked with, among other
Page 118 and 119:
sexual abuse (4 per cent) were also
Page 120 and 121:
eported that they were afraid of ha
Page 122 and 123:
The Labour Market There is no evide
Page 124 and 125:
to to provide LGBTQ student organis
Page 126 and 127:
towards gender identity are common
Page 128 and 129:
Good practice: In the United Kingdo
Page 130 and 131:
Elderly transgender people have bee
Page 132 and 133:
Homophobia, transp
Page 134 and 135:
Annex 1 Country Report Authors Coun
Page 136 and 137:
Annex 2 Stakeholder E - Questionnai
Page 138 and 139:
2. A minority accepts 3. Half of p
Page 140 and 141:
4. Almost full recognition 5. Tota
Page 142 and 143:
4. Good protection 5. High protect
Page 144 and 145:
31. Please state your assessment of
Page 146 and 147:
Asylum and family
Page 148 and 149:
48. Primary education (Basic school
Page 150 and 151:
Don't know Does not apply/Not rele
Page 152 and 153:
4. Somewhat high level of awareness
Page 154 and 155:
76. If you have any further comment
Page 156:
European Union Agency for Fundament
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