TND• Joanna Perry and Signe Poulsen• 4 June 2013

TND• Joanna Perry and Signe Poulsen• 4 June 2013

osce.org/odihr

Disability hate crime and independent living: overview of session-What is disability hate crime?

-Connection between disability hate crime and independent living

-What can be done?

What is disability hate crime?

TND• Joanna Perry, Hate Crime Officer • 4 June 2013

osce.org/odihr


osce.org/odihr


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, Religion, disability

5 01What is disability hate crime

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, Religion, disability

6 01What is disability hate crime

Bias indicators

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, destroying mobility aids etc.

7 01The OSCE and our work on hate crime

Examples of legal provisions

Finland: Criminal Code, Chapter 6, section 5 – Grounds increasing the punishment (13.5.2011/511) 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


Key issues in the OSCE region

Very limited data: UK, Sweden, Germany 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



osce.org/odihr

Disability hate crime and independent living: introduction to facilitated discussion.

Brief facts: Dordavic v. Croatia

Dalibor and Radmila lived in a ground-floor flat in Zagreb, close to a primary school.

Between July 2008 and February 2011 they were subjected to persistent harassment by pupils from the school

Escalation: obscenities; spitting at Dalibor; insulting messages on the pavement; covered balcony in snow, chocolate milk, mud, and the flower beds torn up, door urinated on, threw stones at windows, living room window completely covered in saliva; burned on hands with cigarettes; hit with snowballs “without mercy” ; pushed against an iron fence, causing Dalibor to fall and hit his head


Brief facts: Dordavic v. Croatia

Impactdebilitating effect withdrawn and uncommunicative for three daysbiting lips and fists, twitch in his left eye, suffered from psoriasis

Action by authoritiesRadmila reported harassment the authorities, including social services, the police, the Ombudswoman for Persons with Disabilities and the school.According to the ECHR, insufficient action was taken

Finding of the ECHR Competent State agencies were fully aware of the ongoing harassment of Dalibor but failed to take sufficient steps to ascertain the extent of the problem and to prevent further abuse taking place Dalibor and Radmila were jointly awarded 11,500 EUR plus 4,706 EUR in respect of costs.


Role of authorities: duty to prevent and respond

Dordavic v. Croatia

The court held that the failure of the Croatian State to prevent the persistent harassment of a severely disabled young man was a breach of his Article 3 ECHR right not to be subjected to torture, inhuman or degrading treatment or punishment. It also amounted to a breach of his mother’s Article 8 ECHR right to respect for her family and private life.


http://ukhumanrightsblog.com/incorporated-rights/articles-index/article-3-of-the-echr/

http://ukhumanrightsblog.com/incorporated-rights/articles-index/article-8-of-the-echr/

IGO: increase in referring to hate crime and disability hate crime

UN Convention on the Rights of People with Disabilities

“States Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects”


Facilitated discussion: key questions

What are the connections between DHC and independent living?

How can DHC undermine efforts to achieve living freely and independently in the community

How can DHC be addressed within current independent living advocacy efforts?



osce.org/odihr

Disability hate crime what can be done? introduction to facilitated discussion.

What can be done: Role of authorities awareness raising: disability hate crime exists and has a serious impact

data collection: understand the nature and impact of the problem

police and prosecutor training: recognising bias indicators and building cases

improving reporting: making the criminal justice system accessible, and building victim confidence

improving support to victims: working with civil society legislation: giving courts appropriate sentencing powers

prevention


What can be done: Role of civil society awareness raising: disability hate crime exists and has a serious impact

data collection: understand the nature and impact of the problem

Support for victims

Training for the police and other authorities on recognising DHC


Documents

TND• Joanna Perry and Signe Poulsen• 4 June 2013