On extending the list of EU crimes to hate speech and hate crime
FEMM-AD-749280
Committee on Women’s Rights and Gender Equality · Rapporteur: Vera Tax
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The Committee on Women's Rights and Gender Equality calls on the lead committee to include its suggestions in a resolution on extending the list of EU crimes to hate speech and hate crime.¶ It condemns all hate speech and hate crime, especially against women, girls and LGBTIQ+ people, and asks the Council to add hate speech and hate crime to the areas of crime under Article 83(1) TFEU.¶ It wants the Commission to define gender-based hate speech and hate crime, covering sexist and misogynous speech, and to include sexual orientation, gender identity, gender expression and sex characteristics as grounds.¶ It also asks for a Council decision identifying gender-based violence as a new area of crime, better data collection, support for victims, prevention and education, and action against anti-gender movements.¶¶¶
Committee position. The committee proposes that the lead committee incorporate its suggestions into the resolution, including condemning hate speech and hate crime, asking the Council to extend EU crimes to hate speech and hate crime, and calling for a definition of gender-based hate speech and hate crime.¶¶¶
Key points
- Condemns all forms of hate speech and hate crimes, including against women, girls and LGBTIQ+ persons, and the actions of anti-gender and anti-feminist movements.¶
- Calls on the Council to conclude a decision adding hate speech and hate crimes to the areas of crime under Article 83(1) TFEU as soon as possible.
- Calls on the Commission to propose a clear definition of hate crime and hate speech, including gender-based hate speech and hate crimes with sexist and misogynous speech and penalties.¶
- Urges the Commission to include sexual orientation, gender identity, gender expression and sex characteristics as discrimination grounds covered by hate crime and hate speech under Article 83(1).
- Welcomes the Commission proposal for a directive on combating violence against women and domestic violence and asks that it serve as a model and minimum standard for online hate speech legislation.¶
- Requests the Commission to propose a Council decision identifying gender-based violence as a new area of crime under Article 83(1) TFEU, and the Council to activate the passerelle clause.
- Stresses the link between online and offline hate speech and hate crime, noting that presumed anonymity online makes it easier to engage in such acts.¶
- Calls on the Commission to research, analyse and report on anti-gender movements within three years, including their strategies and funding, and to combat their misinformation.¶
- Calls on the Commission and Member States to improve the availability and comparability of disaggregated data on hate speech and hate crimes and to harmonise data collection with Eurostat, FRA and EIGE.¶
- Calls on Member States to tackle under-reporting and victims' difficulties in accessing criminal procedures and protection in a gender-sensitive way.¶
- Calls for comprehensive measures, training for professionals, prevention, awareness raising, education and support services for victims, and for educational programmes on gender biases and stereotypes.¶¶
- Welcomes the EU High Level Group's work, calls for revising the Code of Conduct in line with the Digital Services Act, and for support to civil society, ethical technology and perpetrator accountability programmes.¶¶
Who is affected
- Women, girls and LGBTIQ+ people, who face gender-based hate speech and hate crime disproportionately.¶
- Member States, which must collect data, tackle under-reporting and develop educational programmes.¶¶¶
- The Commission, which is asked to propose definitions, research anti-gender movements and revise the Code of Conduct.¶¶¶
- The Council, which is asked to add hate speech and hate crime to EU crimes and to identify gender-based violence as a new area of crime.¶¶
- Civil society organisations fighting gender-based violence, which should receive financial support.¶
Figures and deadlines
- 52 % of young women and girls have experienced online crime, including threats and sexual harassment.¶
- In 2020, an estimated 2 600 women were killed by intimate partners or other family members in Europe.¶
- 15 Member States do not have gender-based hate speech legislation.
- The Commission should report on anti-gender movements within three years.¶
Legal basis: Article 83(1) of the Treaty on the Functioning of the European Union¶¶¶