In recent years the European Union has witnessed rising levels of hate crime. However, while there have been a number of legislative and other policy initiatives introduced across the EU to combat such offences, these have developed in a piecemeal and sometimes half-hearted fashion. This article outlines the difficulties evident in theorising hate crime and how these problems have been reflected in the divergent ways that hate crime legislation has developed across the EU. It argues that a human rights-based approach to combating hate crime, endorsed by many EU institutions, has failed to tackle the problem effectively and has resulted in the uneven protection of hate crime victim groups. By utilising an individual rather than group-based human rights approach, the damaging nature and effect of such 'targeted victimisation' upon all hate crime victims can be better understood and addressed.
IntroductionIn recent years concern has been growing with regard to the risk of violent victimisation faced by marginalised and disadvantaged social groups within the European Union (EU). At a time of heightened economic difficulties and political uncertainties, these groups have become the subjects of a 'dramatic rise' in certain forms of violence and harassment, or 'hate crime' as it is more widely known. Whether directed against ethnic minority communities, lesbian and gay groups, persons with disabilities or those from Jewish or Roma backgrounds, hate crime is becoming a serious issue for scholars, practitioners and policymakers within the EU (McClintock, 2005;Turner et al., 2009;Pavone, 2010). At the same time however, evidence suggests that different, and often limited, understandings across the EU of the nature of hate crime, are leaving certain minority groups unprotected from harassment and violence (Council of Europe, 2011).Moreover, it is very difficult to establish the precise levels of hate crime across the EU due to the absence of a shared transnational understanding of what it actually is. Indeed, the development of 'hate crime' as a workable concept in the European Union has been surprisingly lacklustre. By way of contrast, in the United States use of the term 'hate crime' to describe violence targeted against minority communities can be traced back to the civil rights campaigns of the 1960s, when it was felt 2 that there was utility in pooling together the commonalities in the experience of prejudiced victimisation suffered by different minority groups (Levin, 2009). By doing this, these groups could draw strength from their shared victimisation and challenge dominant stereotypes that fuelled much of the harassment they endured.In many parts of the EU, though, the concept of hate crime has struggled to gain a similarly strong foothold. In the United Kingdom, for instance, it has only really entered the policy and academic arenas during the last decade or so, after two major milestones at the end of the twentieth century -the publication of the Macpherson Report (which examined the police investigation...