FRA opinion on the Framework Decision on Combating Racism and Xenophobia

This paper discusses the evolution of European Court of Human Rights case law relating
to hate crime, providing an update on the most recent rulings. Approaching hate crime
from a fundamental rights perspective, it shows how Member State authorities’ duty to
effectively investigate the bias motivation of crimes flows from key human rights
instruments, such as the European Convention on Human Rights.

This paper discusses the evolution of European Court of Human Rights case law relating
to hate crime, providing an update on the most recent rulings. Approaching hate crime
from a fundamental rights perspective, it shows how Member State authorities’ duty to
effectively investigate the bias motivation of crimes flows from key human rights
instruments, such as the European Convention on Human Rights.