Anti-LGBTI hate crime

Hate crimes against lesbian, gay, bisexual, transgender and intersex (LGBTI) people are motivated by a bias based on a person's sexual orientation, gender identity and/or sex characteristics. In some instances, LGBTI people have been portrayed by the media and politicians as a threatening and inferior group, posing a danger to public health and "traditional" structures, such as marriage and the family. LGBTI people continue to experience stigmatization and lack of legal protection from discrimination and hate crime. ODIHR's annual reporting on hate crime has included reports of physical assaults and murders, with transgender people being particularly at risk. Serious physical assaults carried out by groups, especially around pride parades, are also common features of hate crimes against LGBTI people.

Recording practices vary, with some states recording hate crimes against transgender persons as a separate category. The number of NGOs reporting on hate crimes against LGBTI has grown markedly in recent years. Reports from NGOs to ODIHR suggest that mistrust of authorities, as well as an unwillingness or fear to reveal one's own sexual orientation or gender identity contributes to significant under-reporting of hate crimes targeting this group.

TANDIS

International Reports

Finland

During his visit to Finland, Nils Muižnieks, the Commissioner for Human Rights of the Council of Europe, welcomed the specific prohibition on hate crimes based on a bias against sexual orientation and encouraged the inclusion of grounds based on bias against gender identity.

Greece

The Commissioner for Human Rights of the Council of Europe recommended that Greece pursue efforts to improve its police response to hate crimes, including by providing specialized training, noting the disturbing reports of hate crimes during 2012. He also encouraged authorities to ensure that the mandate of the new police antiracist units was sufficiently broad to address homophobic hate crime.

Poland

The UN Human Rights Council, in its Universal Periodic Review, encouraged Poland to recognize sexual orientation and gender identity as protected grounds for discrimination and hate crimes and for law enforcement to do outreach with LGBT communities in order to increase reporting of hate crimes.

Ukraine

The UN Human Rights Council, in its Universal Periodic Review, expressed concern about violence against LGBT persons in Ukraine and encouraged the government to adopt anti-discrimination laws that include sexual orientation as a protected characteristic.

OSCE Region

The EU adopted Directive 2012/29/EU of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of all victims of crime. The Directive contains provisions that specifically recognize the needs of victims of hate crimes.