Journal Name:
- Annales de la Faculté de Droit d’Istanbul
Author Name | University of Author | Faculty of Author |
---|---|---|
Abstract (2. Language):
The world is getting smaller and social mobility causes the encountering
of people of different origins. As the diversity in the society
increases, for some people it is difficult to develop tolerance towards
people who are somehow different.
As the borders between the countries become less definite, identity
borders in peoples’ minds become more prominent1. As a result of
globalization and the development in the communication technology,
caricatures published in a Danish newspaper create enormous negative
reactions and hate speeches in many Islamic Countries2. This is referred
to as “cyberhate”. In fact the Internet causes the hate movement to multiply.
Electronic means such as blogs, news groups, social networks enable
to disseminate views and bring people of same opinion together. Thus a
collective identity is easily created and in time this leads to a “global racist
subculture”3.
Characteristic of a hate crime is that it involves a violation of human
rights and is contrary to fundamental social values that all human beings
are equals.It is very difficult to define hate crimes but several attempts have
been made: for example OSCE (The Organization for Security and Cooperation
in Europe) of the UN (United Nations) describes hate crimes
as, “Crimes motivated by intolerance towards certain groups in society”
OR “any criminal offence, including offences against persons or property,
where the victim, premises or target of the offence are selected because
of their real or perceived connection, attachment, affiliation, support or
membership with a group. A group may be based upon their real or perceived
race, national or ethnic origin, language, colour, religion, sex, age,
mental or physical disability, sexual orientation or other similar factor”4.
Hate crime is any incident committed against a person or property,
which is motivated by the offender’s hatred of people who are seen as being
different. This difference could originate from a person’s race, ethnic
origin, religion, disability, gender, gender identity or sexual orientation5.
Hate crimes are criminal acts committed with a bias motive. It is this
motive that makes hate crimes different from other crimes. A hate crime
is not one particular offence. It could be an act of intimidation, threats,
property damage, assault, murder or any other criminal offence.
The term “hate crime” or “bias crime” therefore describes a type
of crime, rather than a specific offence within a penal code. A person
may commit a hate crime in a country where there is no specific criminal
sanction on account of bias or prejudice. The term describes a concept,
rather than a legal definition6.
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FULL TEXT (PDF):
- 58
101-117