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ECRI general policy recommendation N°1:

Combating racism, xenophobia, antisemitism and intolerance

Adopted by ECRI on 4 October 1996

The European Commission against Racism and Intolerance:

 

- Ensure that national criminal, civil and administrative law expressly and specifically counter racism, xenophobia, anti-semitism and intolerance, inter alia by providing:

- that racist and xenophobic acts are stringently punished through methods such as:

- defining common offences but with a racist or xenophobic nature as specific offences;

- enabling the racist or xenophobic motives of the offender to be specifically taken into account;

- that criminal offences of a racist or xenophobic nature can be prosecuted ex officio;

- Ensure that the general public is made aware of the legislation combating racism, xenophobia, antisemitism and intolerance;

- Ensure that criminal prosecution of offences of a racist or xenophobic nature is given a high priority and is actively and consistently undertaken;

- Ensure that accurate data and statistics are collected and published on the number of racist and xenophobic offences that are reported to the police, on the number of cases that are prosecuted, on the reasons for not prosecuting and on the outcome of cases prosecuted;

- Ensure that adequate legal remedies are available to victims of discrimination, either in criminal law or in administrative and civil law where pecuniary or other compensation may be secured;

- Ensure that adequate legal assistance is available to victims of discrimination when seeking a legal remedy;

- Ensure awareness of the availability of legal remedies and the possibilities of access to them;

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A. CONCERNING LAW, LAW ENFORCEMENT AND JUDICIAL REMEDIES