1 / 36

European Commission against Racism and Intolerance

The European Commission against Racism and Intolerance (ECRI) organizes a conference on hate crime in Milan, focusing on legislative issues, hate speech, violence, and integration policies. The conference aims to address discrimination based on race, ethnicity, religion, and other grounds, and recommend measures to combat racism and intolerance.

carleneholmes
Download Presentation

European Commission against Racism and Intolerance

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. European Commission againstRacism and Intolerance Conference on Hatecrime, Milan 7 June 2016 Denis ROTH-FICHET

  2. European Commission against Racism and Intolerance • I - ECRI’sactivities • II - 5th Report on Italy

  3. European Commission against Racism and Intolerance The European Commission against Racism and Intolerance (ECRI) is a human rights monitoring body

  4. European Commission against Racism and Intolerance • ECRI isspecialised in questions relating to: • the fight against racism, discrimination on grounds of “race”, ethnic/national origin, • colour, citizenship, religion or language • xenophobia, antisemitism and intolerance.

  5. European Commission against Racism and Intolerance A pan-European Commission, composed of independent members,

  6. European Commission against Racism and Intolerance ACTIVITIES • ECRI’s statutory activities cover: • country monitoring, • work on general themes • and relations with civil society.

  7. European Commission against Racism and Intolerance Country monitoring • ECRI analyses the situation closely in each of the member states • makes in a report recommendations dealing with any problems of racism and intolerance identified in the country

  8. European Commission against Racism and Intolerance Country monitoring • The working methods for the preparation of the reports: • documentary analyses, • visit to the country concerned, • confidential dialogue with the national authorities.

  9. European Commission against Racism and Intolerance Country monitoring • Analyses based on a great deal of information gathered from a wide variety of national and international written sources

  10. European Commission against Racism and Intolerance Country monitoring • The in situ visit provides the opportunity to meet with the parties directly concerned (both governmental and non-governmental) with a view to gathering detailed information.

  11. European Commission against Racism and Intolerance Country monitoring • The process of confidential dialogue with the national authorities allows the latter to provide, if they consider it necessary, comments on the draft report, with a view to correcting any possible factual errors which the report might contain

  12. European Commission against Racism and Intolerance Country monitoring .At the end of the dialogue, the national authorities may request, if they so wish, that their viewpoints be appended to the final ECRI report.

  13. European Commission against Racism and Intolerance Thematic angle of the 5th round • The 5th round focuses on four main themes common to all countries: • legislative issues, • Hate speech, • Violence • and integration policies. • And othertopics: LGBT issues, interimfollow-up…

  14. European Commission against Racism and Intolerance Thematic angle of the 5th round • The 5th round focuses on four main themes common to all countries: • legislative issues, • Hate speech, • Violence • and integration policies. • And othertopics: LGBT issues, interimfollow-up…

  15. European Commission against Racism and Intolerance Thematic angle of the 5th round • The 5th round focuses on four main themes common to all countries: • legislative issues, • Hate speech, • Violence • and integration policies. • And othertopics: LGBT issues, interimfollow-up…

  16. European Commission against Racism and Intolerance Protocol No. 12 to the European Convention on Human Rights ECRI recommends that Italy complete the legislative process for the ratification of Protocol No. 12 to the European Convention on Human Rights as soon as possible.

  17. European Commission against Racism and Intolerance General legalframework Const. Article 3: All citizens have equal social dignity and are equal before the law, without distinction of sex, race, language, religion, political opinions, personal and social conditions.

  18. European Commission against Racism and Intolerance General legalframework Const. Article 3: …It is the duty of the Republic to remove those obstacles of an economic and social nature which in fact limit the freedom and equality of citizens, impede the full development of the human person and the effective participation of all workers in the political, economic and social organization of the country.

  19. European Commission against Racism and Intolerance General legalframework But…the legislative branch has never passed one comprehensive ordinary law on equal treatment, prohibiting discrimination and implementing the principle of equality.

  20. European Commission against Racism and Intolerance Criminallaw Act No. 654 of 13 October 1975, as amended by Act No. 205 of 25 June 1993 and Act No. 85 of 24 February 2006, criminalises a) incitement to racial discrimination,  b) racial discrimination, c) incitement to racial violence, d) racial violence, e) the promotion of ideas based on racial superiority or ethnic or racist hatred and f) the setting up or running of, participation in or support to any organisation, association, movement or group whose purpose is the instigation of racial discrimination or violence.

  21. European Commission against Racism and Intolerance Criminallaw Act No. 205 of 25 June 1993 prohibits the public display of symbols and emblems of such organisations and makes racist bias an aggravating circumstance in connection with any offence.

  22. European Commission against Racism and Intolerance Criminallaw Act No. 205 of 25 June 1993 prohibits the public display of symbols and emblems of such organisations and makes racist bias an aggravating circumstance in connection with any offence.

  23. European Commission against Racism and Intolerance Criminallaw ECRI considers that Italy’s criminal law covers a large number of offences that could be classed as racism or racial discrimination.

  24. European Commission against Racism and Intolerance Criminallaw • Reale Act: • doesn’t include language as ground of discrimination. Nor is colour included as a ground of discrimination, • makes only a general reference to • No discrimination on ground of language.

  25. European Commission against Racism and Intolerance Criminallaw • colour and language are expressly included in the grounds of racist behaviour and racial discrimination punishable under the Criminal Code; • the public dissemination or public distribution, or the production or storage aimed at public dissemination or public distribution, with a racist aim, of written, pictorial or other material inciting to racial discrimination and racial violence treated as criminal offences.

  26. European Commission against Racism and Intolerance Criminallaw Act No. 85 of 26 February 2006 replaced “dissemination”, by the term “promotion” (propaganda) of ideasbased on racial superiority or ethnic or racisthatred.

  27. European Commission against Racism and Intolerance Criminallaw The reductions in penalties introduced by the 2006 amendments is another cause of concern for ECRI, because the law should provide for effective, proportionate and dissuasive sanctions

  28. European Commission against Racism and Intolerance Criminallaw Authorities must assess the effectiveness of the provisions for combating the dissemination of racist ideas as well as incitement to commit and the commission of discriminatory acts motivated by hatred.

  29. European Commission against Racism and Intolerance Criminallaw Public insults and defamation or threats against a person or group of people are ordinary crimes for the purposes of the Criminal Code and not separate criminal offences when committed against a person or group of people

  30. European Commission against Racism and Intolerance Criminallaw => provisions into the Criminal Code penalising public insults and defamation or threats against a person or group of people on the grounds of their race, colour, language, religion,

  31. European Commission against Racism and Intolerance Criminallaw => complete, as soon as possible, the criminal law on the prevention and repression of genocide, crimes against humanity and war crimes, and see to it that the denial, gross minimisation, and public justification or condoning of these crimes for racist motives are made criminal offences.

  32. European Commission against Racism and Intolerance Thematic angle of the 5th round • The 5th round focuses on four main themes common to all countries: • legislative issues, • Hate speech, • Violence • and integration policies. • And othertopics: LGBT issues, interimfollow-up…

  33. European Commission against Racism and Intolerance Racistand Intolerance violence Marked increase in figures compared with earlier years, when an average of 100 hate-motivated offences per year were recorded.

  34. European Commission against Racism and Intolerance Racist and Intolerance violence • steps to provide the victims of hate crimes with specialised support, if necessary by adapting the services which already exist for victims of other crimes. • contact person in each police district to deal with questions of racism and homophobia/transphobia, as well as a contact person in the corresponding public prosecutor’s office.

  35. European Commission against Racism and Intolerance Thematic angle of the 5th round • The 5th round focuses on four main themes common to all countries: • legislative issues, • Hate speech • Violence • and integration policies. • And othertopics: LGBT issues, interimfollow-up…

  36. European Commission againstRacism and Intolerance Conference on Hatecrime, Milan 7 June 2016 Denis ROTH-FICHET

More Related