PART FOUR: DISCRIMINATORY VIOLENCE AND HATE CRIME SUMMARY • International human rights law requires explicit recognition of a bias motive in situations in which violent or otherwise criminal acts have been carried out for reasons related to one or more grounds of discrimination. • Criminal and misdemeanour law should provide for recognition of a bias motive for any crime or misdemeanour animated by any ground recognized under international law. This recognition can be done either by designating specific criminal law provisions related to discriminatory violence or hate crime or by adding qualifying provisions on bias motive to criminal law provisions related to specific criminal acts. If the latter approach is taken, it is important that bias motive is recognized in relation to all possible relevant criminal and misdemeanour acts. • The list of grounds set out under criminal law must, of necessity be closed (i.e. not include the category “or other, similar status”), because of the requirement of foreseeability in criminal law. PART FOUR To meet their commitments and international law obligations to eliminate “all forms of discrimination” States must criminalize discriminatory violence and other bias-motivated acts that are criminal in nature. Discriminatory violence and hate crime are treated differently from other forms of discrimination, which are almost always dealt with by way of civil and administrative, rather than criminal, law.1102 Due to the unique procedural and technical considerations that apply to matters of criminal law, discriminatory violence and hate crime are ordinarily addressed in specific provisions of a State’s criminal law. The prohibition of these acts remains central to States’ obligations to respect, protect and fulfil the right to non-discrimination and ensure effective remedy to victims. Thus, a basic description of these acts and their treatment under international law is provided here. The term “discriminatory violence” refers to all violent acts that occur based on a person’s protected status. The requirement to criminalize discriminatory violence is firmly established under international law. This prohibition is made explicit in article 4 (a) of the International Convention on the Elimination of All Forms of Racial Discrimination, which requires States to “declare an offence punishable by law … all acts of violence” against persons on the basis of their race, colour or ethnic origin. Likewise, article 16 (1) of the Convention on the Rights of Persons with Disabilities requires States to take all necessary measures “to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects”. While the Convention on the Elimination of All Forms of Discrimination against Women makes no explicit reference to discriminatory violence, the respective Committee has devoted significant attention to gender-based violence against women, which it has defined as “a form of discrimination that seriously inhibits women’s ability to enjoy rights and freedoms on a basis of equality with men” and so falls within the scope of article 1 of the Convention.1103 As set out below, the Committee has elaborated on the obligation of States to “ensure that all forms of gender-based violence against women in all spheres, which amount to a violation of their physical, sexual or psychological integrity, are criminalized and introduce, without delay, or strengthen, legal sanctions commensurate with the gravity of the offence, as well as civil remedies”.1104 The right to “security of person” under article 9 (1) of the International Covenant on Civil and Political Rights prohibits all forms of violence, including on discriminatory grounds, such as sexual orientation, gender identity and disability.1105 The Human Rights Committee has confirmed that the necessary response to such violence 1102 The Committee on the Elimination of Racial Discrimination has recommended the use of criminal sanctions in some cases. See Committee on the Elimination of Racial Discrimination, Lacko v. Slovak Republic (CERD/C/59/D/11/1998). 1103 Committee on the Elimination of Discrimination against Women, general recommendation No. 19 (1992), paras. 1 and 6; and general recommendation No. 35 (2017), para. 1. 1104 Committee on the Elimination of Discrimination against Women, general recommendation No. 35 (2017), para. 29 (a). 1105 Human Rights Committee, general comment No. 35 (2014), para. 9. 167