Andorra
Hate Crimes (in progress)
The following overview of hate crimes legislation is based on information submitted directly to the ODIHR by Andorra during the course of 2004-2005. While, in some instances, the wording of the legislation may appear unclear, it has not been changed from its original form.
On the basis of this structure, ODIHR enourages pS to submit relevant information to fill in any gaps.
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The following overview of hate crimes legislation is based on information submitted directly to the ODIHR by Andorra.
On the basis of this structure, ODIHR enourages pS to submit relevant information to fill in any gaps.
Legislation is constantly updated, and therefore the provisions cited are subject to change. The term racist is illustrative and does not exclude other bias types. The use of "Article", "Section", or § refers to parts of the respective Criminal Code.
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International crimes [1]
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Article 456 of Criminal Code: punishes genocide.
Article 459 of Criminal Code: punishes crimes against Humanity – Apartheid
The law punishes action, attempt, conspiracy and provocation
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Incitement to hatred/ Dissemination of racist ideas [2]
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Article 457 of Criminal Code: punishes apology of Genocide
Article 339 of Criminal Code: punishes anyone who, for injurious purposes and publicly, commits acts or utters heavy offensive expressions about members of religious, national, ethnic, trade labour, politic groups or about persons who express different believes or ideologies.
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Holocaust denial [3]
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Article 458 of Criminal Code: punishes denial of Genocide
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Personal violence
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Article 114 of Criminal Code: punishes domestic ill-treatment and violence
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Destruction of property
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Articles 197 to 206 of Criminal Code punish patrimony violations
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Civil rights violations
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Article 338 of Criminal Code: commits discrimination the one who refuses to sell or rent goods or services to anyone, refuses to hire someone, fires someone or inflicts a disciplinary sanction or differences of treatment for reasons of birth, origin or national or ethnic belonging, sex, religion, philosophical and political opinions, or for any other personal or social condition like a mental or physical disability, his/her way of life, his/her habits, his/her sexual orientation.
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Racist organisations [4]
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Article 359 of Criminal Code: describes the concept of illicit association as an organised group of persons who promotes discrimination or violence against persons, groups or associations for reason of their origin or their national or ethnical belonging, their religion, philosophical, political and trade union opinions or for any other personal or social condition.
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Racist cyber-crime
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Aggravating circumstances
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Article 30.6 of Criminal Code establishes aggravating circumstances to crimes when committed for racist and xenophobic motives or reasons related to ideology, religion, nationality, ethnic origin, sexual orientation, disease or physical or psychic disability of the victim.
Articles 456 and 460 of Criminal Code stipulate a major sentence for crime of genocide and crimes against Humanity
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Bias types [5]
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Birth, origin or national or ethnic belonging, sex, religion, philosophical and political opinions, any other personal or social condition like a mental or physical disability, his/her way of life, his/her habits, his/her sexual orientation
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[1] Relevant international crimes include genocide, apartheid, slavery and persecution.
[2] Includes (public) incitement to racial discrimination, violence or hatred; (public) dissemination of ideas based on racial superiority or hatred; (public) insults and threats.
[3] Includes public denial or gross trivialization of international crimes, especially genocide/the Holocaust.
[4] Includes creation, support, participation.
[5] Includes bias types referred to in definitions of crimes and as aggravating factors, but excludes crimes based on denying equality of citizens, which tend to encompass broader grounds for discrimination.
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