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Running head: Hate Crime in Europe

Department of Criminology
University of Dhaka

Draft Paper on

Hate Crime in Europe; Focusing on France & Ireland

@Ashif Hassan
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Hate Crime in Europe

Abstract

Hate crime or Bias-motivated crime is a crime where the victim gets victimized because
of his/her connection or membership to a certain social group. This study assessed hate crime in
the context of France and Ireland and tried to find out their legal differences, causes, trends and
reporting procedure. The result implemented that both of the countries have some protective
measures to handle hate crimes but not entirely to address the problem. France has anti-racism
and anti-defamation law and Ireland has the constitutional right to equality. Both of the countries
face same type of hate crime according to ODIHR & Human rights watch. Focusing on the Anti-
racism and Anti-Semitism regulations are the largest part of their hate crime awareness. This
study focuses on the true scenario of hate crime among these two countries so possible
comparison and identical mutuality can be found out.

Keywords: Biasness or prejudice, legal terms, causes trends, reporting procedure,

differences, and similarities.
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Hate Crime in Europe
Hate Crime is a violent crime which is mainly motivated by prejudice or biasness
against a certain member of a social group based on his/her perceived membership.

Elements of Hate crime:

Hate crime has two main elements: a. Criminal act, b. Bias motives.

Criminal acts stand for crimes are acts which are treated as crimes in criminal law. On the other
hand, hate crimes are motivated, at least in part, by hatred/bias/ prejudice against someone’s real
or perceived identity or background (Hate crime campaign, 2016).

Hate Crime Law:

A Hate Crime Law is a law intended to deter bias-motivated violence (Doung, 2014).
Hate crime law is different from hate speech law or other Anti-Racial or Anti-Semitism acts.
Many countries have specific hate crime law like the U.S.A. Most of the European countries
don’t have hate crime laws. Ireland and France are no exception to this.

Legal Definition:
As there is no legal definition of hate crime in both of the countries it is hard to
conceptualize the legislative pattern on the topic of hate in the context of these two countries.
Ireland focuses more on the constitutional provision of equality which is in article 40 where
France focuses more on Anti-racism and Anti-defamation law along with the constitution. If we
compare both of their legal procedure against hate crime, we will find:

France
France has no specific law protecting a
particular group from verbal assult.
Constituion, anti-semitism, anti-racism
laws are the main basis against hate
crime.
General equality according to
constituion. Article-2.
Ireland
There is no provision for hatered for
their political belief.
Constitutional general equality,
legislative garuntees and anti-hatred act
1989 are the basis of anti hate crime
process.
General equality according to the
constituion. Article-40
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Hate Crime in Europe

The Prohibition of Incitement to Hatred

Act 1989" in Ireland makes it an offense
In 2003, France enacted penalty-
to incite hatred against any group of
enhancement hate crime laws for crimes
persons on account of their race, color,
motivated by bias against the victim's
nationality, religion, sexual orientation,
actual or perceived ethnicity, nation,
ethnic or national origins, or
race, religion, or sexual orientation
membership of the Traveller community,
(McClintock, 2013).
an indigenous minority group
(McClintock,2013).

Causes of Hate crime:

Reasons for hate crime in both of the countries face historical, political and economic
paradigm.

Historical Paradigm:
Expressions of Anti-Semitism were seen to rise during the Six-Day War of 1967 and the
French anti-Zionist campaign of the 1970s and 1980s (Navon, 2015). Anti-Semitism in France
has become heightened from the late 20th century into the 21st century. In the early 21st century,
most Jews in France, like most Muslims in France, are of North African origin. At the beginning
of the 21st century, Anti-Semitism in France rose sharply during the unrest of the Second
Intifada in Israel and the Palestinian territories, as it did in other European nations (Wentzel,
2003).

Irish hate crime roots back to Anti-Irish sentiment developed by British rulers where Irish
were treated as an ethnic group and bigotry sentiment. Such sentiment also developed in Irish
people after their freedom from England. Recently after 2005 hate crime in Ireland started to
develop focusing on racist sentiment which is mainly relating to black people.
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Hate Crime in Europe

Political and Economic Paradigm:

As the unemployment rate is higher in France, the nation tried to help at its best to give
job by creating employment for the migrants which affected directly the native population
created an economic imbalance. Also as the social position changed it created a revolution
among particular group members which can be described by using Robert K. Merton’s deviance
typology where he described when individuals are faced with a gap between their goals (usually
finances/money related) and their current status, strain occurs (Merton, 1939). When faced with
strain, people have five ways to adapt:

1. Conformity: Pursing cultural goals through socially approved means.

2. Innovation: Using socially unapproved or unconventional means to obtain culturally

approved goals. Example: dealing drugs or stealing to achieve financial security.

3. Ritualism: Using the same socially approved means to achieve less elusive goals.

4. Retreatism: To reject both the cultural goals and the means to obtain it, then find a way to
escape it.

5. Rebellion: To reject the cultural goals and means, then work to replace them

Also, Islam phobia has become a great concern for hate crime in France after the
development of the terrorist organization and its recent attacks on France which created a
psychological impact on the acceptance of Islam as a practical religion among the face of the
nation.

Theory of Robert K. Merton can be also applied in an Irish context where racist hand
homophobic hate crime started to develop in Ireland causing Rebellion group to deny particular
new norms of the society by committing a crime against particular group members.
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Hate Crime in Europe
The moral Panic theory developed by Stanly Cohen (1972) or Social Identity theory
developed by Henry Tajfel (1979) could be also a great explanation against LGBC hate crime in
Ireland.

Social identity theory (Tajfell, 1979)

Trends of Hate Crime:

Hate crime is a crime which is committed against a particular group of society. These
groups can be classified into sex, ethnicity, disability, language, nationality, physical appearance,
religion, gender identity or sexual orientation. Based on these group diversions, a hate crime can
be classified in such categories:

1. Physical Abuse
2. Verbal Abuse
3. Harassment
4. Domestic Abuse
5. Adolescent Abuse

In France and Ireland, most of the hate crime occurs as Verbal or Harassment abuse based on
racial or xenophobia, homophobia, Islamophobia or Anti-Semitism.
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Hate Crime in Europe
According to the Office for Democratic Institutions and Human Rights (ODIHR) 2015 hate
crime in Ireland was:

Bias Motivation Attacks Against People Attacks Against Property

Violent Attacks

Threats

Racism and xenophobia 47 17 61

Bias against LGBT people 1 1 0

Total 48 18 61

Grand Total 127

70

60

50

40
Attack against people
30 Attack against property

20

10

0
Racism/ xenophobia Bias Against LGBT

Graphical representation of hate crime in Ireland (2015)

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Hate Crime in Europe
On the other hand, according to Office for Democratic Institutions and Human Rights
(ODIHR), 2015 hate crime in France was:

Bias Motivation Attack against people Attack against property

Racism 18 7

Anti-Semitism 100 371

Bias against Muslim 58 67

Bias against other religion 9 107

Total 184 552

Grand Total 736

Attack against people & property

Racism Anti-Semitism Bias against Musilm Bias against other religion

5% 10%

31%

54%

Graphical representation of hate crime in France (2015)

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Hate Crime in Europe

Reporting Procedure:
France regularly reports hate crime data to ODIHR. France’s hate crime laws are a
combination of general and specific penalty-enhancement provisions. Hate crime data are
collected by the Ministry of Justice, the National Institution for Human Rights, police and the
Gendarmerie. Hate crime data are regularly published by the National Institution for Human
Rights.

In 2001 the French government had planned to open a hotline to report directly about
hate crime which is not available today.

Ireland regularly submits hate crime data to ODIHR. Ireland’s Criminal Code does not
contain hate crime provisions. Hate crime data are collected by the Central Statistics Office and
the National Police Force of Ireland. Data are not made publicly available.

Ireland also reports hate crime in I-report system where it can be done on the internet.
The address is www.ireport.ie. Two organizations are involved with this procedure. They are:

1. Immigrant Council of Ireland

2. Ireland Police Department

Conclusion:
Hate crimes are violent manifestations of intolerance and have a deep impact on not only
the immediate victim but the group with which that victim identifies him or herself. They affect
community cohesion and social stability. A vigorous response is, therefore, important both for
individual and communal security.

From this study, it is clear that although France and Ireland are two developed countries,
legislation system against hate crime is not sufficient due to political agenda and lack awareness.

A strategic and rational anti-hate crime provision and law is necessary which will address all
kinds of hate crime and put a justice on the face of society. As it is said that,

“The worst form of inequality is to try to make unequal things equal”____Aristotle.

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Hate Crime in Europe

References:
1. Emmanuel Navon. 2015. "France, Israel, and the Jews: The End of an Era?" Israel
Journal of Foreign Affairs. Retrieved from:
http://dx.doi.org/10.1080/23739770.2015.1042277
2. Hate crime campaign in Ireland. 2016. Retrieved from:
http://www.inclusionireland.ie/sites/default/files/attach/news-item/1469/love-not-hate-
flyer-final.pdf
3. Meyer, Doug. 2014. "Resisting Hate Crime Discourse: Queer and Intersectional
Challenges to Neoliberal Hate Crime Laws". Critical Criminology. Retrieved from:
https://link.springer.com/article/10.1007/s10612-013-9228-x
4. Merton, Robert, 1938; "Social Structure and Anomie". American Sociological Review.

5. Michael, McClintock. 2013; “Everyday Fears: A Survey of Violent Hate Crimes in

Europe and North America''" Retrieved from: https://www.humanrightsfirst.org/wp-
content/uploads/pdf/everyday-fears-080805.pdf
6. ODIHR, 2015. Retrieved from: http://hatecrime.osce.org/france
7. ODIHR, 2009; Hate Crime Laws: A practical guide.
8. Turner, J. C. & Reynolds, K. J. (2010). "The story of social identity". In T. Postmes & N.
Branscombe. Rediscovering Social Identity: Core Sources. Psychology Press.

9. Werner Bergmann and Juliane Wentzel, 2003; Manifestation of Anti-Semitism in

European Union, EUMC. Retrieved from:
http://www.erinnern.at/bundeslaender/oesterreich/e_bibliothek/antisemitismus-
1/431_anti-semitism_in_the_european_union.pdf