Hate crimes and acting
Hate crime, it's a offence whose main characteristic lies in the motivation of the author, which consists of rejection or hostility towards the one he considers different. Victims are selected more by what they represent than for what they are. The offender chooses the victim in question by some characteristic that identifies it with a group, town or community which the author rejects, showing behaviors of intolerance, hostility or discrimination because it considers, based on stereotypes y prejudices, which has fewer rights than the rest. This is a crime in which the victim is denied rights because of his or her status.
Hate crime manifests itself in many different ways, such as:
- Insults
- Injuries
- Threats
- Verbal or written abuse
- Harassment
- Physical or Psychic Assaults
- Injuries
- Damage to property
- Offensive Paintings
It is also a hate crime to commit any conduct or action that damages the dignity of the victim himself or herself and is based on his or her race, language, origin, sexual or gender status, possible disability, religion, social status or any other similar characteristic.
Infringement
According to the European Agency for Fundamental Rights (FRA), only about 11 are reported% of hate crimes committed (only 18.2% of the persons who reported having experienced a discriminatory situation claim to have filed a complaint in this regard, according to CEDRE studies). This circumstance makes the fight against these crimes very difficult and generates great helplessness for the victims.. The most common reasons why victims do not file a complaint are:
- Fear of reprisals. Fear of reprisals is a common denominator for victims of hate crimes. The serious consequences left on the victim by the crime he has suffered, cement the fear of being subjected to new aggressions if they file a complaint.
- Normalization of violence and discrimination. There are people who have been victims of hatred and discrimination all their lives, a circumstance that causes the integration of these violent behaviors in their daily lives.
- Distrust of the Institutions. Victims think they won't listen to them, or that reporting won't do any good. The treatment of victims by the Administration and the State Security Forces and Bodies is essential to build trust and to take the step of filing a complaint.
- Lack of awareness on the part of the authorities of the reality of the victims. This lack of knowledge may result in the circumstances surrounding the victim not being correctly assessed when dealing with the reported facts.
- Foreigners in an irregular situation fear punishment or expulsion from the country if they come to report.
- The victim thinks that if she reports, they won't believe her.
- Fear of revealing intimacies. There are people who, for example, do not want to make their sexual orientation or gender identity visible when reporting.
- Ignorance of rights. Victims do not know where and how to report.
- Poor stock offering. Offering actions enables the victim to exercise his or her rights in criminal proceedings. It must be done in clear and understandable language for people who do not know the legal terms. If the victim does not understand the information transmitted to him, he is likely not to take the legal action that corresponds to him.
- Improper referrals to the Municipal Consumer Office. The lack of technical knowledge about hate crimes suffered by some operators involved in caring for victims sometimes results in them being unduly referred to the Municipal Consumer Office, instead of being processed the appropriate complaint in criminal proceedings.
- Propensity to consider the facts as minor. The lack of training, or poor investigation, means that not all the legal assets affected by the perpetration of the crime are valued and for that reason, all too often, facts constituting a hate crime are considered minor crimes with the consequent damage to the victim. This misclassification of the facts complained of also affects the group to which the victim belongs that loses confidence in the institutions.
How to report a hate crime
Call emergency services 091 o 062 if police intervention is necessary, checking first if you need medical attention.
Report the facts to the Security Forces and Bodies, present the necessary documentation (medical parts in the case of injuries, screenshots with messages, etc ...) and remember that you can have the company of a person who offers support while reporting.
Your complaint is the only way to end hate crimes and prevent other potential victims from suffering them. If you decide to report, follow these tips:
- Provide as much information as possible. Don't underestimate any data. Tell the authorities everything you remember about the perpetrator and the circumstances of the crime: height, tattoos, anagrams, symbols, clothing, etc. Try to accurately describe the aggressor's words.
- Keep as much evidence as you can. If you have suffered an attack on your property or belongings, try to preserve them for reporting. It will be essential to prove that such an offence is involved.
- Identify potential witnesses. If anyone else can corroborate the facts, let the authorities know.
- Go to an association. Contact a group (immigrants, LGTBIQ+, association of people with disabilities, defense of human rights, etc.) that can advise you. They usually have legal services and are likely to be able to help you file a complaint.
- Record everything you remember. A notebook or a mobile phone will suffice. You may not be sure to report now, but if you decide to do so, it will help you not to forget details that can be fundamental.
- Ask for medical reports. If you have suffered injuries, request a medical report and attach it to the report.
- Request an interpreter. If you have difficulty expressing yourself in Spanish, ask for a translator. It's your right.
List of core resources
National Office for Combating Hate Crimes
Progestion Association (OIDO, Office of Hate Crimes Intervention)
- Information: https://progestion.org/
- Telephone: 914719719/608773900
- Contact email: oido.madrid@progestion.org
Progestion Association (LGBTIQ+ Support Point)
- Information: https://progestion.org/
- Telephone: 914719719
- Contact email: tsmadrid@progestion.org
CEDRE Assistance and Guidance Service for Victims of Racial or Ethnic Discrimination
- 021 / 900203041 / 628860507 / consejo-sei@igualdad.gob.es
CERMI; Spanish Committee of Representatives of Persons with Disabilities
- 913601678 / cermi@cermi.es
028 Rainbow Service (LGTBIQ+)
Rainbow Line (LGTBI)
- 913604605 / info@felgtb.org
Central Office for Complaints and Solidarity of the Council for Victims of Hate Crimes/Movement Against Intolerance
- 676476831 / denunciamci@gmail.com
Home YES (Aporophobia – Social Resources)
- 911108984 / hola@hogarsi.org
Association Advocacy for Non-Discrimination and Equal Treatment (ANDIT)
- 960070693 / asociación.andit@gmail.com
Legislation
- International Convention on the Elimination of All Forms of Racial Discrimination.
- Charter of Fundamental Rights of the European Union (2007/C 303/01).
- Spanish Constitution.
- Organic Law 10/1995 of 23 November 1995 on the Criminal Code.
- Convention relating to the Status of Refugees; adopted in Geneva, Switzerland, on 28 July 1951 by the Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons (United Nations).
- Universal Declaration of Human Rights (Adopted and proclaimed by the General Assembly in its resolution 217 A (III) of 10 December 1948).
- Law 12/2009 of 30 October 2009 regulating the right to asylum and subsidiary protection.
- Organic Law 4/2000 of 11 January 2000 on the rights and freedoms of foreigners in Spain and their social integration.
- International Covenant on Civil and Political Rights (Adopted and opened for signature, ratification and accession by the General Assembly in its resolution 2200 A (XXI) of 16 December 1966).
- 1967 New York Protocol Relating to the Status of Refugees.
- Royal Decree-Law 7/2018 of 27 July 2018 on universal access to the National Health System.
Documentation
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