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

Belgium

In its fifth report, the European Commission against Racism and Intolerance (ECRI) recommended that the Belgian authorities ensure that the new regulations for collecting data on racist, homophobic and transphobic incidents are applied in practice, and that they designate a contact person responsible for monitoring racist, homophobic and transphobic crimes in each police district.

Bulgaria

In its fifth report, the European Commission against Racism and Intolerance (ECRI) recommended that the Bulgarian authorities include sexual orientation and gender identity in all the articles of the Criminal Code addressing hate speech and hate crime, and collect data on hate speech and hate crimes against LGBT persons, including on the number of cases reported, investigated and prosecuted.

Georgia

The Commissioner for Human Rights of the Council of Europe recommended that Georgia effectively investigate hate crimes against LGBT persons, take bias motive into account as an aggravating circumstance in criminal proceedings, as provided for in the law, and mete out punishment commensurate to the gravity of the offence.

Slovakia

In its fifth report, the European Commission against Racism and Intolerance (ECRI) observed the amendments to the Slovak Criminal Code’s aggravating circumstances provision and, in that context, reiterated the need for detailed statistical data on racist, homophobic and transphobic crimes.

OSCE Region

In his “Report on the Implementation of General Assembly Resolution 67/154”, the United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance expressed concerns about the targeting of people on the basis of their sexual orientation.

The European Union Agency for Fundamental Rights (FRA) published the findings of a survey on LGBT victims of hate crime. The survey revealed that LGBT respondents have been subject to high levels of repeated victimization and violence, which was particularly high among transgender respondents.

In his annual report, the United Nations High Commissioner for Human Rights noted the launch in 2013 of the Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence. It also noted the launch of the global Free & Equal campaign, designed to raise awareness of homophobic and transphobic discrimination and violence.

The European Commission supported the publication by a number of civil society organizations of a toolkit that aimed to provide police with practical tools in working with LGBT victims of crime.