Hate Crime and Hate Speech
Hate-motivated crime and speech are illegal under EU law. The 2008 Framework Decision on combating certain forms of expressions of racism and xenophobia requires the criminalisation of public incitement to violence or hatred based on race, colour, religion, descent or national or ethnic origin. On 9 December 2021, the European Commission adopted a Communication which prompted a Council decision to extend the current list of ‘EU crimes’ in Article 83(1) TFEU to hate crimes and hate speech. If this Council decision is adopted, the European Commission would be able, in a second step, to propose secondary legislation allowing the EU to criminalise other forms of hate speech and hate crime, in addition to racist or xenophobic motives.
Along with many recommendations, guides and toolkits, on May 7, 2024, the Council of Europe adopted the “Recommendation CM/Rec(2024)4 of the Committee of Ministers to member States on combating hate crime.” It advises member states to take comprehensive measures to prevent and combat hate crime, ensure effective criminal law provisions, support victims with specialized services, and promote a culture of inclusiveness and respect. It emphasizes training for police, the role of specialized hate crime investigators and prosecutors, and the importance of third-party reporting and data collection.
In response to alarming global trends of growing xenophobia, racism, intolerance, violent misogyny, anti-Semitism, and anti-Muslim hatred, the United Nations launched the UN Strategy and Plan of Action on Hate Speech. This strategy provides a unified framework for addressing hate speech globally. The UN defines hate speech as:
“Any kind of communication in speech, writing or behaviour, that attacks or uses pejorative or discriminatory language with reference to a person or a group on the basis of who they are, in other words, based on their religion, ethnicity, nationality, race, colour, descent, gender or other identity factor.”
Restorative Approach to Hate Crime
A restorative approach to hate crime emphasises the significant impact these crimes have on victims, who are more likely to experience fear, anxiety, and depression. Restorative justice offers a way to address these profound impacts by involving victims actively in the process. This approach allows victims to have a say in how the offence is dealt with, which is vital for their healing and empowerment.
Additionally, restorative justice brings offenders face to face with the consequences of their actions, helping them see their victims as individuals rather than abstract targets of their prejudice. This confrontation can be crucial in promoting offender accountability and empathy, leading to genuine behavioural change.
Furthermore, hate crime is directly linked to community cohesion. At a time when communities feel divided on a national scale, it’s essential for those feeling anxious or distressed to know that there are rational, effective responses in place. Restorative justice not only addresses individual cases but also works towards rebuilding and strengthening community ties.
