Andorra amended the aggravating circumstance provision (Article 30.6), which takes into consideration the discrimination motive behind crimes, and extended the list of protected characteristics in Criminal Code. The authorities have also introduced a provision to sanction hate crimes motivated by a gender bias (gender-based hate crime). These changes came into force in April 2022. The Andorran authorities have also amended a provision addressing incitement to violence against a person or a group of people, which came into force in January 2023.
ODIHR recognizes Andorra's efforts to enact hate crime legislation that is more comprehensive. However, based on the available information, it observes that Andorra's hate crime recording and statistics do not sufficiently distinguish hate crimes from other crimes. In addition, ODIHR observes that Andorra would benefit from raising awareness among and building the capacity of criminal justice officials about hate crimes.
ODIHR recalls that in Ministerial Council Decision 9/09, OSCE participating States committed to promptly investigate hate crimes and ensure that the motives of those convicted of hate crimes are acknowledged. To that end, law enforcement must, as a first step, record the bias motivations of hate crimes. OSCE participating States have also committed to enact specific, tailored legislation to combat hate crime, providing for effective penalties that take into account the gravity of such crimes. ODIHR stands ready to support Andorra in meeting its relevant commitments through the provision of comprehensive resources and tailored assistance in the area of hate crime recording and data collection, as well as through its comprehensive resources and tailored capacity-building assistance for police, prosecution, and the judiciary.