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.

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SELECT YEAR

States that report

Incidents were reported on these states

International Reports

Estonia

The UN Human Rights Council, in its Universal Periodic Review, recommended that Estonia pay special attention to acts of violence against homosexuals.

Hungary

The UN Human Rights Council, during its Universal Periodic Review, encouraged Hungary to take measures to prevent and combat hate crime; to ensure training for police, prosecutors and judges; and to effectively investigate and prosecute racially motivated violence and other hate crimes. It encouraged increased efforts to combat violence and discrimination against Roma and recommended that Hungary strengthen hate crimes laws to prevent violence committed on the grounds of sexual orientation and gender identity.

Latvia

The UN Human Rights Council, in its Universal Periodic Review, encouraged Latvia to intensify its efforts to combat hate crime, noting improved criminal law provisions and training. It also recommended that Latvia consider legislative measures to recognize violence against people on the basis of their sexual orientation or gender identity.

Lithuania

The UN Human Rights Council, in its Universal Periodic Review, encouraged Lithuania to further strengthen its measures to investigate and prosecute hate crimes, noting that the criminal law has already been amended to include racial motivation as an aggravating circumstance in all crimes. It also recommended that Lithuania take measures to prevent and prosecute violence and harassment on the grounds of sexual orientation and gender identity.

Moldova

The UN Human Rights Council, in its Universal Periodic Review, encouraged Moldova to further strengthen measures to prevent and investigate hate crimes, including against LGBT people.

United States of America

The UN Human Rights Council, in its Universal Periodic Review, encouraged the United States to ensure prosecution, punishment and fair compensation to victims under the law for cases of racial and xenophobic violence. It also encouraged the United States to take effective measures to counter violence against Muslims and recommended that the United States conduct awareness-raising campaigns to address violence against LGBT people.

OSCE Region

The Human Rights Council also adopted Resolution 17/19, which directed the Office of the High Commissioner for Human Rights to conduct a study “documenting discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, in all regions of the world, and how international human rights law can be used to end violence and related human rights violations based on sexual orientation and gender identity”. The Resolution was adopted by a vote of 21 to 18, with three abstentions.

The High Commissioner’s report under Resolution 17/19 was issued in November 2011. It stated that international human rights law protects all rights of LGBT persons and that states have the obligation to prevent violence and discrimination based on sexual orientation and gender identity. The report noted that typical acts of violence experienced by the LGBT community (murders, assaults with serious physical injuries and rapes) occur in all regions and outlined many types of discrimination faced by LGBT persons. The High Commissioner recommended, inter alia, that Member States investigate promptly all serious acts of violence committed against people because of their actual or perceived sexual orientation or gender identity; repeal all laws that criminalize homosexuality; and enact comprehensive anti-discrimination legislation that includes discrimination on the grounds of sexual orientation and gender identity.

The Council of Europe Commissioner for Human Rights published the report Discrimination on Grounds of Sexual Orientation and Gender Identity in Europe, which included a comprehensive chapter on violence and hate crimes against LGBT persons.

The EU Fundamental Rights Agency (FRA) published the report Homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity in the EU Member States - Summary of findings, trends, challenges and promising practices. This publication sets out a list of policy challenges, and possible initiatives on combating hate crime and addressing anti-LGBT abuse and violence.

The NGO TransInterQueer e.V. produced a toolkit of good practices for transgender activists and allies working for transgender equality, rights and inclusion, entitled And Others! Argumentation Training for Transgender Inclusion in Europe. It includes information on advocacy techniques when working with civil servants and public authorities to improve responses to hate crime.

The NGO ILGA-Europe produced a guide to legal strategies and approaches in relation to developing inclusive hate crime legislation in the EU. ILGA-Europe also produced a toolkit for European NGOs interested in developing police training on investigating and preventing hate crimes against LGBT people. It aims to support this work by presenting various methodologies and case studies that police forces and NGOs can draw from when designing and delivering their own training programmes.