"Hate crimes" and other hate-motivated incidents

Member states should ensure effective, prompt and impartial investigations into alleged cases of crimes and other incidents, where the sexual orientation or gender identity of the victim is reasonably suspected to have constituted a motive for the perpetrator; they should further ensure that particular attention is paid to the investigation of such crimes and incidents when allegedly committed by law enforcement officials or by other persons acting in an official capacity, and that those responsible for such acts are effectively brought to justice and, where appropriate, punished in order to avoid impunity.

Member states should ensure that when determining sanctions, a bias motive related to sexual orientation or gender identity may be taken into account as an aggravating circumstance.

Member states should take appropriate measures to ensure that victims and witnesses of sexual orientation or gender identity related "hate crimes" and other hate-motivated incidents are encouraged to report these crimes and incidents; for this purpose, member states should take all necessary steps to ensure that law enforcement structures, including the judiciary, have the necessary knowledge and skills to identify such crimes and incidents and provide adequate assistance and support to victims and witnesses.

Member states should take appropriate measures to ensure the safety and dignity of all persons in prison or in other ways deprived of their liberty, including lesbian, gay, bisexual and transgender persons, and in particular take protective measures against physical assault, rape and other forms of sexual abuse, whether committed by other inmates or staff; measures should be taken so as to adequately protect and respect the gender identity of transgender persons.

Member states should ensure that relevant data are gathered and analysed on the prevalence and nature of discrimination and intolerance on grounds of sexual orientation or gender identity, and in particular on "hate crimes" and hate-motivated incidents related to sexual orientation or gender identity.

"Hate speech"

Member states should take appropriate measures to combat all forms of expression, including in the media and on the Internet, which may be reasonably understood as likely to produce the effect of inciting, spreading or promoting hatred or other forms of discrimination against lesbian, gay, bisexual and transgender persons. Such "hate speech" should be prohibited and publicly disavowed whenever it occurs. All measures should respect the fundamental right to freedom of expression in accordance with Article 10 of the Convention and the case law of the Court.

Member states should raise awareness among public authorities and public institutions at all levels of their responsibility to refrain from statements, in particular to the media, which may reasonably be understood as legitimising such hatred or discrimination.

Public officials and other state representatives should be encouraged to promote tolerance and respect for the human rights of lesbian, gay, bisexual and transgender persons whenever they engage in a dialogue with key representatives of the civil society, including media and sports organisations, political organisations and religious communities.

Training Manual: Policing Hate Crime against LGBTI persons

SOGI Unit has produced the manual Policing Hate Crime against LGBTI persons: Training for a Professional Police Response intended for police trainers, investigators, managers, hate crime officers and frontline police officers working in countries across the Council of Europe region. Its purpose is to provide assistance, information and the appropriate tools for conducting trainings on hate crime against LGBTI persons for law enforcement personnel to develop essential skills to efficiently identify and investigate hate crimes against LGBTI persons. It builds on Council of Europe standards, especially on the European Convention on Human Rights and the relevant case law from the European Court of Human Rights, as well as other international human rights standards and already existing training materials for law enforcement officials. The SOGI Unit has provided several capacity building trainings together with civil society and authorities in different countries and adapted the manual in various languages (see below). Participants have gained significant knowledge on the topic and act as multipliers in their respective countries. Contact us if you are interested in having this manual adapted in other languages.

Policing Hate Crime against LGBTI persons: Training for a Professional Police Response (2017)