RACIST VIOLENCE IN 15 EU MEMBER STATES - Cospe
RACIST VIOLENCE IN 15 EU MEMBER STATES - Cospe
RACIST VIOLENCE IN 15 EU MEMBER STATES - Cospe
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<strong>RACIST</strong> <strong>VIOLENCE</strong> <strong>IN</strong> <strong>15</strong> <strong>EU</strong> <strong>MEMBER</strong> <strong>STATES</strong> - A Comparative Overview of Findings from the RAXEN NFP Reports 2001-2004<br />
discrimination in relation to employment, housing, education and other areas), the<br />
following table (Table 1) descriptively summarises key legislation in each of the <strong>15</strong><br />
Member States with respect to:<br />
• incitement to racial hatred, hostility and violence against certain groups, and<br />
• racist violence as an aggravating factor in criminal/penal law, with the<br />
possibility of enhanced sentencing 37<br />
When reading Table 1 consideration should be given to the following:<br />
The information in Table 1 should be read alongside more detailed information on<br />
a broader range of legislation that variously touches on racism and xenophobia,<br />
which is outlined in the <strong>EU</strong>MC publication ‘Migrants, Minorities and Legislation:<br />
Documenting Legal Measures and Remedies Against Discrimination in <strong>15</strong> Member<br />
States of the <strong>EU</strong>’. 38<br />
As legislation is constantly updated, the information contained in Table 1 might be<br />
subject to change and, therefore, should be read with this in mind.<br />
In addition, there are instances in different Member States where judges have<br />
decided to take into account the racist motive of the offender when passing<br />
sentence in a case involving racist violence, and have subsequently increased the<br />
sentence. 39<br />
37<br />
38<br />
39<br />
‘Enhanced sentencing’ means that a tougher sentence (such as a longer prison sentence)<br />
can be given if a violent offence is found to have been committed with<br />
racist/xenophobic intent.<br />
ICMPD (International Centre for Migration Policy Development, Vienna) (2004),<br />
publication for the <strong>EU</strong>MC; see:<br />
http://eumc.eu.int/eumc/material/pub/comparativestudy/CS-Legislation-en.pdf<br />
see: http://eumc.eu.int/eumc/material/pub/comparativestudy/CS-Legislation-en.pdf -<br />
p.1<strong>15</strong>, in reference to Denmark.<br />
43