Hate crime laws are important. By explicitly condemning bias motives, they send a message to offenders that a just and humane society will not tolerate such behavior. By recognizing the harm done to victims, they convey to individual victims and to their communities the understanding that the criminal justice system serves to protect them.
Laws — especially criminal laws — are an expression of society’s values. Hate crime laws both express the social value of equality and foster the development of those values. But this process can only happen if laws are actually enforced. If hate crime laws are not used, it diminishes respect for all laws and weakens the rule of law.
An effective criminal law response to hate crimes requires considering how a hate crime law will work in practice, and whether drafting choices make the law more or less easy to understand and use. This guide, therefore, consistently links legislation to implementation. It is hoped that this guide will serve as a practical tool in setting effective legislation. States are encouraged to disseminate the guide widely and, with ODIHR’s assistance, to translate it. ODIHR continues to offer its assistance to States that wish to draft new legislation or are reviewing existing legislation, using this guide as a benchmark.
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