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    • Racist and xenophobic hate crime
    • Anti-Roma hate crime
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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

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States that report

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    Belgium
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    Canada
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    Croatia
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    Denmark
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    Finland
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    Germany
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    Italy
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    Lithuania
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    Norway
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    Ukraine
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    United States of America
15 states

Incidents were reported on these states

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    Armenia
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    Azerbaijan
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    Belgium
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    Bosnia and Herzegovina
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    Czech Republic
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    Georgia
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    Germany
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    Greece
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    Hungary
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    Ireland
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    Italy
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    Kyrgyzstan
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    Lithuania
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    Moldova
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    Netherlands
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    Poland
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    Portugal
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    Russian Federation
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    Serbia
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    Spain
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    Sweden
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    Türkiye
    Türkiye
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    Ukraine
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    United Kingdom
24 states

Reports

Overview of incidents reported by civil society

Attacks Against People Attacks Against Property Total
Violent Attacks Threats
434 232 33 699

International Reports

Armenia

The United Nations High Commissioner for Refugees (UNHCR) supported a training event addressing hate crimes against LGBT people for the employees of the Asylum and Legal Units of the State Migration Service of Armenia.

Austria

Following its Universal Periodic Review (UPR), the Austrian authorities made the commitment to examine and respond to the recommendation to ensure that law enforcement officials conduct thorough and prompt investigations into hate crimes against LGBT people.

Azerbaijan

In its fourth report on Azerbaijan, the European Commission against Racism and Intolerance (ECRI) recommended that colour, language, citizenship and ethnic origin be included as protected characteristics in the criminal law provisions dealing with hate crimes. It also stated that LGBT people should be better protected in law and in practice. ECRI also highlighted the need for the police and prosecution services to thoroughly investigate all cases of hate crime and conduct outreach to groups likely to be targeted.

Bulgaria

Following its Universal Periodic Review (UPR), the Bulgarian authorities made the commitment to examine and respond to recommendations to enhance efforts to ensure that hate crimes are effectively investigated and prosecuted, including those perpetrated against LGBT people, migrants, refugees and asylum-seekers. Other such recommendations included encouraging the reporting and proper recording of hate crimes, strengthening data-collection systems and providing training on hate crimes to law enforcement and judicial authorities.

Croatia

In its "Concluding observations on the third periodic report of Croatia", the United Nations Human Rights Committee (HRC) called for strengthened efforts to combat racist attacks committed by law enforcement personnel, including against Roma people, by providing training and ensuring that hate crimes are properly investigated and prosecuted. The HRC highlighted the need to counter hate crimes against LGBT people, by ensuring that they are thoroughly investigated and offenders are prosecuted and sanctioned.

France

In its fifth report on France, the European Commission against Racism and Intolerance (ECRI) recommended amendments to the Criminal Code to include racist, homophobic and transphobic motivations as aggravating circumstances in criminal offences. ECRI also recommended that the authorities establish partnerships with civil society organizations working with Roma communities and people with disabilities to overcome under-reporting and to ensure that hate crime data-collection systems allow the disaggregation of data and the tracking of cases through the criminal justice system.

Georgia

Following its Universal Periodic Review (UPR), the Georgian authorities supported recommendations to address hate crimes motivated by bias related to sexual orientation or gender identity and to develop training programmes on hate crimes for police and judges, which the authorities consider already implemented or in the process of implementation. The Georgian authorities made the commitment to examine and respond to recommendations to establish a specialized police unit for investigating hate crimes and to increase the powers of the public defender's office.

In its fourth report on Georgia, the European Commission against Racism and Intolerance (ECRI) recommended the creation of a unified hate crime database, the creation of a police unit specialized in hate crime, and that training programmes for law enforcement officials and the judiciary be augmented and include information on hate crime against LGBT people. ECRI also called for the effective investigation and prosecution of all hate crime cases, notably hate crimes against Muslims.

The Commissioner for Human Rights of the Council of Europe, in his "Update on the human rights situation," recommended adequately identifying, qualifying, investigating and prosecuting hate crimes, including those on the grounds of sexual orientation and gender identity; and acknowledged the recommendations on hate crimes issued by Georgia’s chief prosecutor.

Kyrgyzstan

Following its Universal Periodic Review (UPR), the Kyrgyz authorities expressed support for the recommendation to undertake necessary measures to prevent violence against LGBT people. The Kyrgyz authorities made the commitment to examine and respond to the recommendation to take additional steps to counter violence against LGBT people.

Lithuania

In its fifth report on Lithuania, the European Commission against Racism and Intolerance (ECRI) recommended that the Criminal Code be amended to include colour, citizenship and gender identity as protected characteristics. ECRI also observed the need for further training for police officers, prosecutors and judges on how to approach hate crimes.

Mongolia

Following its Universal Periodic Review (UPR), the Mongolian authorities made the commitment to examine and respond to recommendations to amend the country’s criminal legislation to include sexual orientation and gender identity as protected characteristics, to enhance its efforts to counter hate crime motivated by bias against these characteristics, and to collect data on hate crimes against LGBT people.

North Macedonia

In its fifth report on the former Yugoslav Republic of Macedonia, the European Commission against Racism and Intolerance (ECRI) recommended that the Criminal Code be amended to include sexual orientation and gender identity as protected characteristics. ECRI also suggested that hate crime training for law enforcement personnel and the judiciary be expanded, and under-reporting of hate crimes be addressed through confidence-building measures.

San Marino

The Commissioner for Human Rights of the Council of Europe, in the annual activity report following his country visit to San Marino, recommended including gender identity as a protected characteristic in the criminal code.

Slovakia

The Commissioner for Human Rights of the Council of Europe, in the annual activity report following his country visit to Slovakia, recommended including gender identity as a protected characteristic in the criminal code. The Commissioner also expressed concern at the manifestations of intolerance against Roma and Sinti people, and called on the authorities to improve the registration of hate crimes, including through the training of police.

Türkiye

Following its Universal Periodic Review (UPR), the Turkish authorities expressed support for the recommendation to ensure the investigation, prosecution and sentencing of hate crimes motivated by the victim’s sexual orientation or gender identity. The Turkish authorities consider these measures already implemented or being implemented. Turkey committed itself to examine and respond to recommendations to amend criminal legislation to explicitly prohibit hate crimes against LGBT people and to publish disaggregated data on such hate crimes.

OSCE Region

The Parliamentary Assembly of the Council of Europe (PACE) passed a number of resolutions on hate crime issues, including Resolution 2069 on recognizing and preventing neo-racism, which recommends that hate crime legislation include the protected characteristics of race, colour, ethnicity, language, religion, disability, migrant status, sex, sexual orientation and gender identity. PACE also recognized the issue of under-reporting by calling for more systematic reporting of hate crimes.

The United Nations High Commissioner for Human Rights, in a report on "Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity", recommended that hate crimes laws include homophobia and transphobia as aggravating factors; that all hate crimes against LGBT people be promptly and thoroughly investigated, holding perpetrators to account; and that data on hate crimes against LGBT people be collected and published.

The European Union Agency for Fundamental Rights (FRA) published an update of their analysis of homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity. Recommendations included the need to overcome the widespread problem of under-reporting, by engaging with LGBT communities; improving data collection on hate crimes against LGBT people, including victimization surveys; and training police, prosecutors and judges on hate crimes motivated by bias against the victim’s sexual orientation and/or gender identity.

At the IDAHO 2015 Forum on ending hate crime and violence, the Commissioner for Human Rights of the Council of Europe called for the bias motivation of hate crimes targeting individuals or groups of people because of their sexual orientation, gender identity or sex characteristics to be explicitly reflected in criminal legislation as aggravating circumstances. He also identified the low level of reporting, lack of victim support services and the specific situation of intersex people as areas of concern that need to be addressed.

The office of the Commissioner for Human Rights of the Council of Europe published a report, "Human rights and intersex people", highlighting the human rights challenges that intersex people face. The report recommends that national hate crime legislation cover sex characteristics as a protected characteristic.

The Parliamentary Assembly of the Council of Europe (PACE) passed a number of resolutions dealing with hate crime issues, including Resolution 2048, on discrimination against transgender people in Europe, which calls for the collection and analysis of data on hate crimes against transgender people, legislation to specifically protect transgender people against hate crimes, and the training of law enforcement officials and the judiciary on the issue.

Related publications

OSCE pubs pic.png
Oslo Declaration of the OSCE Parliamentary Assembly, including Resolution on the prohibition of discrimination on grounds of sexual orientation or ge…
2010
2017 Security Sector Reform_Serbia.jpg
How does the Security Sector Reform Affect Human Security in Serbia? Reassessing the Impact of Security Sector Reform on LGBT People
4 January 2017
Link
Srpski

Bias Motivations

  • Racist and xenophobic hate crime
    • Background
    • States that report
    • Reports
    • International Reports
    • Related publications
  • Anti-Roma hate crime
    • Background
    • States that report
    • Reports
    • International Reports
    • Related publications
  • Anti-Semitic hate crime
    • Background
    • States that report
    • Reports
    • International Reports
    • Related publications
  • Anti-Muslim hate crime
    • Background
    • States that report
    • Reports
    • International Reports
    • Related publications
  • Hate crime against Christians and members of other religions
    • Background
    • States that report
    • Reports
    • International Reports
    • Related publications
  • Gender-based hate crime
    • Background
    • States that report
    • Reports
    • International Reports
    • Related publications
  • Anti-LGBTI hate crime
    • Background
    • States that report
    • Reports
    • International Reports
    • Related publications
  • Disability hate crime
    • Background
    • States that report
    • Reports
    • International Reports
    • Related publications
  • Hate crime against other groups
    • Background
    • States that report
    • Reports
    • International Reports
    • Related publications

Contact Us

Email tndinfo@odihr.pl
Tel +48 22 520 06 00
Fax +48 22 520 06 05
OSCE Office for Democratic Institutions and Human Rights (ODIHR)
Tolerance and Non-Discrimination Department
Ul. Miodowa 10
00-251
Warsaw, Poland

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