A New Approach to Hate Crime and Hate Speech
A New Approach to Hate Crime and Hate Speech

Author(s): Simona Franguloiu, Nicoleta-Elena Heghes
Subject(s): International Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Scientia Moralitas Research Institute
Keywords: hate crime; hate speech; offences; European Union; list of offences;
Summary/Abstract: The rise in hate speech crime is an undeniable reality around the world, and during the pandemic it has been exponential. Consequently, addressing the causes and effects of these crimes is one of the most difficult tasks or challenges facing many countries. European institutions and others have pointed out that violence and hateful actions directed against the identity of an individual have the potential to spread fear or even terror in whole communities and could even lead to the destabilization of democratic systems. On the other hand, it must be recognized that the impact of hate crimes can be far greater than that of similar crimes committed without a hate or bias motive, so that they could be considered as signal crimes in the sense that they target a particular identity characteristic and aim to send a threatening or hostile message that anyone who shares the specific characteristics of that person, meaning that they are part of that particular or definable group, could be subject to the same treatment. Thus, this type of crime could jeopardize the principles of equality and non-discrimination, recognized and guaranteed by all democracies, but may also have the potential to undermine the effectiveness of law enforcement and the criminal justice system.

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