Italy - 2012
Is there legislation against racist and hate crime?
- Code:
- RED20
- Key Area:
- Anti-racist Crime Legislation & Implementation
- Strand(s):
- Racism
| Short Answer |
Yes. |
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| Qualitative Info |
The most important instrument in Italian law for prosecuting racist and other hate violence is the penalty enhancement provision contained in Law no. 205 of 1993, commonly referred to as the “Mancino Law”. Its article 3 allows judges to increase the sentence to be imposed for a crime, by up to half, if it was committed “with the purpose of discrimination or hatred based on ethnicity, nationality, race, or religion, or in order to facilitate the activity of organizations, associations, movements, or groups that have this purpose among their objectives.” The aggravating circumstance of racist or other hate purpose can be applied to any crime, except those punishable by life in prison (the harshest penalty under Italian criminal law). The Mancino Law also makes it a crime to “instigate in any way or commit violence or acts of provocation to violence for racist, ethnic, national or religious motives” and to “propagate ideas based on racial superiority or racial or ethnic hatred, or to instigate to commit or commit acts of discrimination for racial, ethnic, national or religious motives”. Source: Human Rights Watch – Everyday Intolerance. Racist and Xenophobic Violence in Italy, 2011 - /resources/toolip/doc/2011/10/21/hrw---racist-and-xenophobic-violence-in-italy-2011.pdf
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| Groups affected/interested | Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Majority, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability | ||
| Type (R/D) | Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Religious intolerance, Inter-ethnic, Intra-ethnic, Homophobia, On grounds of disability, On grounds of other belief | ||
| Key socio-economic / Institutional Areas | Policing - law enforcement, Employment - labour market, Housing, Health and social protection, Education, Culture, Media, Internet, Sport, Political discourse -parties - orgs, Political participation, Anti-discrimination, Anti-racism, Integration - social cohesion, Daily life, Religion | ||
| External Url | http://www.non-discrimination.net/content/media/2009-IT-Country%20Report%20LN_final.pdf | ||
| Situation(s) |
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