Based on my experiences as a human rights lawyer, even
contrary to commitments made by international organizations
such as the OSCE and the EU FRA, I argue that the concept of
hate crimes should be limited to hate incidents committed
against members of minority communities.
I see a substantive difference from anti-discrimination
legislation, where “the more the better”-principle is in place.
Here, less is more!
In several countries, Hungary is one of them, in line with
the above commitments, hate crime (and hate speech)
legislation, and practice have been used to protect the
majority from the minority. In several cases of violent
conflicts, members of minority communities have
systematically been charged with racially motivated hate
crimes committed against the majority.
These happened even if prosecutions when racially motivated
hate incidents target minorities are rare, and even in cases, and
this is particularly alarming, if actually members of racist hate
groups are the victims of the incidents.
Based on these, by far not isolated, experiences, I hereby
propose to change the trend and restrict the concept of
hate crimes to victimization of members of communities
that bear the stigma of social inferiority, face some sort of
social marginalization, discrimination, persecution, or a
history of oppression.
I propose for international instruments to identify and
declare hate crimes as specifically minority protection
mechanisms and install the requirement of vulnerability,
the threat of potential or actual exclusion or
marginalization in the concept.
Otherwise, this institution, too, can be used in a way to
systematically disfavor minorities.