ICJ submission to EU consultation on preventing and combating hatred

ICJ submission to EU consultation on preventing and combating hatred

The ICJ called today on the EU institutions to bridge the final implementation gaps to ensure an effective access to justice to victims of violent hate crimes.

The contribution of the ICJ was submitted as input for the European Commission’s first annual fundamental rights colloquium to be held next October and focused on “Tolerance and respect: preventing and combating antisemitic and anti-Muslim hatred in Europe”.

In its submission, the ICJ finds that the greatest weakness in addressing violent hate crime currently lies primarily in the failure of effective national implementation, which has meant that, despite development of the law, and despite authoritative recommendations from international and EU human rights bodies, the frequency of commission of violent hate crimes appears to have increased, and impunity for such crimes has persisted.

The ICJ considers that there are two main reasons for this lack of implementation: 1) lack of political or institutional will in Member States; 2) lack of implementation tools tailored to the laws, legal institutions and culture of the single national legal system.

The ICJ concluds, in its contribution, that it is the time for the European Union institutions to take up the opportunity to unite the efforts of all those concerned in the administration of justice – judges, court administrators, lawyers, civil society, judicial organizations, bar associations and government officers – throughout the EU to work together on the detailed technical assistance needed for an effective implementation of the right to an effective remedy for victims of crimes motivated by discrimination.

EU-Colloquium2015-ICJContribution-ViolentHateCrimes-Advocacy-non legal submission-2015-eng (download the submission)

Elements for a general recommendation on racial discrimination in the administration of justice

Elements for a general recommendation on racial discrimination in the administration of justice

Racial discrimination remains a pervasive problem in criminal justice systems. While some countries are starting to recognize the deeply rooted nature of the phenomenon and to compile date in order to counter it, there is still little awareness for it in many countries.

Also, Government reports are often incomplete.

In order to give guidance to States on the issue, a General Recommendation by the Committee on the Elimination of Racial Discrimination is timely and useful.

This paper seeks to gather some ideas of recommendations from national reports, reports of the UN Special Rapporteurs and experts, NGO reports and other material. The recommendations are organized according to the different stages of the criminal justice system: police conduct, courts and prisons. It also gives some elements to be taken into account in more structural manner: access to justice, methods of structural, institutional change and data collection.

CERD Racial discrimination administration of justice-recommendations-eng (full text in English, PDF)

Translate »