Review article

Hate Crime in the Case Law of the European Court of Human Rights

Marko Bošnjak ; Europski sud za ljudska prava, Strasbourg, Francuska
Aida Grgić Boulais ; Europski sud za ljudska prava, Strasbourg, Francuska

Abstract

Although neither the text of the European Convention on Human Rights nor the judgments
of the European Court of Human Rights (ECtHR) contain a definition of “hate crime”, it could
be defined as violence motivated by racism, xenophobia, religious intolerance, bias based on
a person’s disability, gender identity or sexual orientation or another discriminatory ground.
Given the nature of hate crimes and the fact that they not only affect the direct victim, but
society as a whole, the ECtHR has developed a rich body of case law in cases concerning
complaints of discriminatory violence where it has elaborated on the existence and scope of
the positive obligations of the Contracting States in a wide range of circumstances, including
the need to protect the victims of such violence. This paper seeks to demonstrate the scope
of such positive obligations in the various contexts in which they have arisen, such as racial
intolerance, violence against women, violence based on sexual orientation, and religious and
political views.

Keywords

European Court of Human Rights; hate crime; effective investigation; discrimination

Hrčak ID:

232768

URI

https://hrcak.srce.hr/232768

Publication date:

2.12.2019.

Article data in other languages: croatian

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