On 21 November, the European Committee on Crime Problems (CDPC) and the Steering Committee on Anti-Discrimination, Diversity and Inclusion (CDADI) approved in a joint session a new comprehensive draft Recommendation on preventing and combating hate crime, together with its explanatory memorandum. The CDPC and CDADI submitted the Recommendation to the Committee of Ministers for its consideration in early Spring 2024.
The draft Recommendation, which was subject to a public consultation, focuses on the development and implementation of measures aimed at combating and preventing hate crime in a comprehensive manner within the framework of human rights, democracy, and the rule of law. It draws upon the relevant case law of the European Court of Human Rights and the findings and recommendations of the Council of Europe’s monitoring bodies including the European Commission for Racism and Intolerance (ECRI).
As well as providing a framework of legislative models through which member States may approach the criminalisation of hate crime, the draft Recommendation makes proposals to enhance the effectiveness of the criminal justice system and also contains specific guidance touching upon the police, prosecutors and the judiciary.
Victims rights and victim support are central to the draft Recommendation and it includes specific guidance to member States to adequately address the needs and rights of victims of hate crime, taking in to account Recommendation CM/Rec(2023)2 on rights, services and support for victims of crime. It also recognises the specific impact of hate crime perpetrated against those with intersecting personal characteristics.
The draft Recommendation covers third party reporting, monitoring and data collection and emphasises the importance of monitoring and analysis of hate crime as well as boosting national coordination and international cooperation efforts. The draft Recommendation contains specific guidance concerning key actors where they are recognised to play a central role in preventing and combating hate crime. As part of the comprehensive approach, a wide range of concrete non-legal measures are also recommended to States to promote awareness-raising, education and training relevant to reporting, preventing and combating hate crime.
