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Neglect, Marginalization, and Abuse: Hate Crime Legislation and Practice in the Labyrinth of Identity Politics, Minority Protection, and Penal Populism
Editors
Title / Series / Name
Nationalities Papers
Publication Volume
49
Publication Issue
2
Pages
Authors
Editors
Keywords
Minority rights
Race
Hate crimes
Identity politics
Vulnerability
Ethnicity
Race
Hate crimes
Identity politics
Vulnerability
Ethnicity
URI
http://hdl.handle.net/20.500.14018/13952
Abstract
Using Hungary as a case study and focusing on legislative policies and the practical application of hate crime legislation, this article shows the various ways legal policy can become misguided in the labyrinth of identity politics, minority protection, and penal populism. The first mistake states can make, the author argues, is not to adopt hate crime legislation. The second error arguably pertains to conceptualizing hate crimes as an identity protection but not a minority-protection mechanism and instrument. The third fallacy the author identifies concerns legislative and practical policies that conceptualize victims based on self-identification and not on the perpetrator’s (or the wider community’s) potential perception and classification. The fourth flaw concerns the abuse of the concept of hate crime when it is applied in interethnic conflicts wherein members of minority communities are perpetrators and the victims are members of the majority communities. The fifth is institutional discrimination through the systematic underpolicing of hate crimes.
Topic
Publisher
Place of Publication
Type
Journal article
Date
2021
Language
ISBN
Identifiers
10.1017/nps.2020.21