Print ECRI general policy recommendation N°7
on national legislation to combat racism and racial discrimination
Adopted by ECRI on 13 December 2002
The European Commission against Racism and Intolerance (ECRI):
KEY ELEMENTS OF NATIONAL LEGISLATION AGAINST RACISM AND RACIAL DISCRIMINATION
I. Definitions
1. For the purposes of this Recommendation, the following definitions shall apply:
a) "racism" shall mean the belief that a ground such as race1, colour, language, religion, nationality or national or ethnic origin justifies contempt for a person or a group of persons, or the notion of superiority of a person or a group of persons.
b) "direct racial discrimination" shall mean any differential treatment based on a ground such as race, colour, language, religion, nationality or national or ethnic origin, which has no objective and reasonable justification. Differential treatment has no objective and reasonable justification if it does not pursue a legitimate aim or if there is not a reasonable relationship of proportionality between the means employed and the aim sought to be realised.
c) "indirect racial discrimination" shall mean cases where an apparently neutral factor such as a provision, criterion or practice cannot be as easily complied with by, or disadvantages, persons belonging to a group designated by a ground such as race, colour, language, religion, nationality or national or ethnic origin, unless this factor has an objective and reasonable justification. This latter would be the case if it pursues a legitimate aim and if there is a reasonable relationship of proportionality between the means employed and the aim sought to be realised.
IV. Criminal law
18. The law should penalise the following acts when committed intentionally:
a) public incitement to violence, hatred or discrimination,
b) public insults and defamation or
c) threats against a person or a grouping of persons on the grounds of their race, colour, language, religion, nationality, or national or ethnic origin;
21. The law should provide that, for all criminal offences not specified in paragraphs 18 and 19, racist motivation constitutes an aggravating circumstance.
22. The law should provide that legal persons are held responsible under criminal law for the offences set out in paragraphs 18, 19, 20 and 21.
23. The law should provide for effective, proportionate and dissuasive sanctions for the offences set out in paragraphs 18, 19, 20 and 21. The law should also provide for ancillary or alternative sanctions.
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