Understanding Disability Hate Crime: Insights from England, Wales, and Ireland
Exploring the nuances of disability hate crime, this analysis delves into the legislative frameworks and policy developments in England, Wales, and Ireland. It discusses the historical context, the evolution of hate crime laws, gaps in current legislation, and recent initiatives aimed at addressing disability hate crime. Drawing lessons from the experiences of these countries, the narrative emphasizes the importance of inclusive policies and practices to combat this form of targeted violence effectively.
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Presentation Transcript
Disability Hate Crime Disability Hate Crime Identifying the issues and learning from England and Wales Dr Seamus Taylor Head of Applied Social Studies Maynooth University Oct 2020
Context Context Targeted violence & hate crime :old behaviour, new category Hate Crime popular term & policy domain Clear links to prejudicial ideologies Hate Crime: criminal offence with a bias/hostile aspect (OSCE) Vast majority EU states have Hate Crime legislation Race & religious crimes first , disability as a last on list
Context (continued) Context (continued) Two types of hate crime laws Expression Offences reflected in Incitement to Hatred laws Aggravated offences reflected in Aggravated versions of named base criminal offences Sentencing uplift provisions for criminal offences Latter two referred to as standard Hate Crime law
Irish Context Irish Context Until recently : Ireland perceived as policy laggard in EU Incitement to Hatred Act 1989 only law in this area 1989 Act covers race , religion, sexuality, Traveller community High threshold of incitement: few prosecutions in 30 years Expectations gap and frustrations gap Significant recent policy& practice activity : Hate Crime law review underway 2019-21
Irish Context (continued) Irish Context (continued) Gov t to introduce Hate Crime law 2021 & review 1989 Act Practice in some CJS agencies ( Garda ) ahead of law NGO developments : recording, reporting & advocacy Incitement to Hatred review evidence(UK, US) supports disability inclusion Opportunity to have more inclusive incitement law Incitement debates raises Free Speech debates & privileges Continuum : Free/Hate Speech, Hate Incidents & Hate Crime
Learning from England & Wales (1) Learning from England & Wales (1) Longer government engagement with Hate Crime Far from nirvana state on Hate Crime Internationally recognised as: One of most comprehensive sets of Hate Crime law High level of Hate Crime reporting & recording High level of Hate Crime convictions ( OSCE, EU FRA, Law Commission )
Learning from England & Wales (2) Learning from England & Wales (2) Hate Crime laws : Incitement to Hatred, Aggravated Offences & Enhanced Sentencing Aggravated offences : aggravated versions of criminal offences & carry higher penalty eg racially aggravated assault, racially aggravated criminal damage Enhanced sentencing: available for all other criminal offences ,requires sentence to be increased within maximum
Learning from England & Wales (3) Learning from England & Wales (3) Legal tests of proof: Offence motivated by hostility towards protected characteristic or Defendant demonstrated hostility at/ around time of offending Aggravated Offences: only race & religion for named list of offences Enhanced Sentencing: covers sexuality, gender identity, disability, race & religion
Learning from England & Wales (4) Learning from England & Wales (4) Law Commission launched Hate Crime law review 2019 Indications on developing work: Incitement to Hatred Act - amend to protect disability Extending aggravated offences to give parity to disability et al Retaining sentence enhancement law Amend tests of motivation or demonstration to include prejudice or hostility Latter proposal : better captures crimes where disabled people are targeted victims of hostile acts, prejudicial acts
Vulnerability focus & Disability Hate Crime (1) Vulnerability focus & Disability Hate Crime (1) Two paradigms addressing disabled people: Welfare ,care and protection vulnerability focus Rights & Justice rights realisation and justice focus Rise of vulnerability focus in public policy Various social groups constructed as vulnerable Well intentioned shorthand for services, supports may need
Vulnerability focus & Disability Hate Crime (2) Vulnerability focus & Disability Hate Crime (2) Vulnerability focus leads to denials of justice; misdirecting cases to care reviews rather than to courts system Occludes recognition of disability hostility senseless crime against vulnerable victim Tendency: see disability & perceive vulnerability Vulnerability : master stereotype of disabled people in policy Vulnerability floods disability Lack of distinction between inherent& situational vulnerability
Vulnerability focus & Disability Hate Crime (3) Vulnerability focus & Disability Hate Crime (3) No vulnerability without disability in DHC cases Vulnerability targeting reflects different geography of disability segregation Selecting a victim based on perceived disability vulnerability is a biased selection, a prejudicial act & basis of a hate crime. Targeting victim for who they are Too often vulnerability targeting & hostility targeting sealed off Vulnerability targeting& hostility targeting interrogate together Vulnerability targeting in cases- variant of hate crime targeting Variations of prejudice on same side of hate crime coin
Vulnerability focus & Disability Hate Crime (4) Vulnerability focus & Disability Hate Crime (4) DHC cases lower success rate at court. Most failures relate to vulnerability focus instead of hate crime focus Law Commission considering addressing this by including prejudice or hostility motivation or demonstration Research supports 3 pronged approach which recognises that disability prejudice or hostility in crime can be evidenced by: - hostile motivation -demonstration of hostility -discriminatory selection choose victim because of their disability
Significant opportunity for Ireland Significant opportunity for Ireland Adopt inclusive law which captures different ways in which Disability Hate Crimes are manifest Adopt inclusive approach which provides for capturing crimes; - motivated by hostility or prejudice - demonstration of hostility or prejudice -discriminatory selection of victim Opportunity to enact spirit of Article 13 Opportunity to make rights real & deliver substantive justice for disabled people
![Prevention and Combating of Hate Crimes and Hate Speech Bill [B.9B.2018]](/thumb/60513/prevention-and-combating-of-hate-crimes-and-hate-speech-bill-b-9b-2018.jpg)
