Intersectionality in Addressing Hate Crime and Providing Support to Victims
Working together for human rights and a democratic Europe* Addressing hate crimes requires A protected characteristic is a characteristic both an effective criminal justice shared by a group, such as ‘race’, language, religion or belief, ethnicity, nationality, gender, response and specialized support sexual orientation, gender identity, disability or for victims. Both elements are other common feature that is fundamental to necessary to secure justice for their identity. victims and address the harm The target of a hate crime may be a person, a caused by hate crimes. People group of people or property associated with a experience hate crime in different group that shares a protected characteristic. ways, shaped by the interaction Further details on the definition of hate of multiple characteristics and crime, the bias motivations and protected circumstances. To make the characteristics can be found in ODIHR’s response to hate crime effective and publications below, the annual ODIHR Hate genuinely inclusive, the intersectional Crime Report and related ODIHR tools.
nature of hate crime needs to be taken into account. What is intersectionality? Intersectionality is both a theoretical concept and a practical tool for understanding how What is a hate crime? different characteristics and circumstances A hate crime is a criminal offence that is can interact and shape a person’s motivated by bias against a particular group experiences. within society. For a criminal act to qualify as a Many people have multiple identities and hate crime, it must meet two criteria: characteristics, including their ‘race’, ethnicity, • The act must be a crime under the criminal gender, disability, age, religion and other code of the legal jurisdiction in which it is factors, such as socioeconomic status, committed; and language and immigration status. • The crime must have been committed with a Intersectionality makes visible the way bias motivation. that these characteristics interact in ways ‘Bias motivation’ means that the perpetrator that affect how people experience and chose the target of the crime on the basis of are impacted by discrimination and hate protected characteristics. crime. An intersectional approach requires OSCE/OSCE/Mateusz Bański
OSCE/OSCE/Mateusz Bański
Consultation meeting, Warsaw, 16-17 June 2026 Consultation meeting, Warsaw, 16-17 June 2026 consideration of the entire combination of a An intersectional approach to hate crime victim person’s characteristics and circumstances support helps ensure that responses to hate rather than examining each crime recognize these differing experiences and in isolation. address the particular needs and circumstances of each victim. Why is intersectionality important for hate crime victims? What is ODIHR’s role? A hate crime can be motivated by an Most national and international institutions are intersectional bias. Such crimes target still poorly equipped to address the intersectional a person because of a combination of nature of hate crimes effectively. In many characteristics. Targeting several intersecting countries, hate crime laws and policies require characteristics in a multiple-bias hate crime further strengthening to ensure that legislation can also exacerbate the impact of an attack protects victims at the intersection of protected on the victim. An intersectional impact groups. Hate crime data collection should aim to happens when multiple characteristics cover intersectional grounds. Investigations should combine and interact so closely that their consider not only the different types of biases effects cannot be separated or examined that may motivate the perpetrators, but also the individually. Each person will be affected complex consequences experienced by victims. differently by hate crime depending on Lastly, support for victims should take their social role and status within society into account each victims’ multiple characteristics. or their community. Experiences will differ ODIHR has a mandate to assist OSCE across gender, ethnic backgrounds, sexual participating States to ensure a “comprehensive orientation and religion or beliefs, among approach to the tackling of hate crimes” other factors. (Ministerial Council Decisions, No. 9/09 Athens However, when there are multiple intersecting and No. 13/06 Brussels). To act on these characteristics, the number of bias commitments and ensure the highest possible motivations behind the offence is often less standard of victim support and protection, ODIHR important than the impact of the offence is implementing an initiative supported by Norway/ as well as how these characteristics may EEA Grants, which aims to help participating affect the victim’s ability to report, take part States with ensuring their support systems better in investigations and the criminal justice reflect the diverse realities and needs of hate process, and recover. crime victims. OSCE/OSCE/Mateusz Bański
OSCE/OSCE/Mateusz Bański
Consultation meeting, Warsaw, 16-17 June 2026 Consultation meeting, Warsaw, 16-17 June 2026 What does ODIHR do? directly supports these efforts. To ODIHR tools for learn more, visit: Strengthening participating States ODIHR’s comprehensive approach to and practitioners support and protection for hate crime countering hate crimes translates into victims and STARS: Comprehensive ODIHR Hate Crime targeted interventions in areas such report website Support for Hate Crime Victims. as legislative support, data collection, capacity building of criminal justice ODIHR serves as a principal focal professionals and awareness- point for reporting data on hate Hate Crime Laws raising, as well as the meaningful crimes across the OSCE region. participation of affected communities. Its annual Hate Crime Report presents hate crime information and Protecting and supporting hate statistics recorded by participating Hate Crime Data-Collection crime victims is an essential part of and Monitoring States, alongside summaries of hate Mechanisms ODIHR’s comprehensive response A Practical Guide incidents reported by civil society to hate crimes. ODIHR works with and international organizations. participating States, civil society Training Against To review the latest findings, please Hate Crime for Law and the international community to Enforcement (TAHCLE) visit: hatecrime.osce.org. ensure that victims of hate crimes Trainer’s Manual have access to adequate protection ODIHR offers customizable training Prosecutors and Hate and support. In particular, ODIHR programmes that aim to strengthen Crimes Training (PAHCT) strengthens hate crime victim the capacity of police, prosecutors Programme Description
support structures and practices, and judges to effectively address trains first responders to understand hate crime. In addition, ODIHR’s Hate Crime Victims and address hate crime victims’ legislative reviews help to ensure in the Criminal Justice System needs, and works with policymakers, appropriate legal frameworks are in practitioners and the international place, while its advice on operational community to identify and implement guidance for police and guidelines for Implementing Restorative Justice for Hate Incidents best practices in hate crime victim prosecutors facilitates the practical and Hate Crimes - a implementation of hate crime laws Practical Guide support. ODIHR’s co-operation initiative with Norway/EEA Grants and policies. Including the voices of hate crime victims in policymaking and policy implementation — a practical guide
Hate Crime Victim Support: Policy Brief More information about ODIHR and the EEA and Norway Grants is available at: https://odihr.osce.org/project/665539 Individual Needs Assessments of Hate Crime Victims: Model Guide
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