Neglect, Marginalization, and Abuse: Hate Crime Legislation and Practice in the Labyrinth of Identity Politics, Minority Protection, and Penal Populism

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 c...

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Bibliographic Details
Published in:Nationalities papers 2021-03, Vol.49 (2), p.221-239
Main Author: Pap, Andras L.
Format: Article
Language:English
Subjects:
Bias
Case studies
Classification
Community
Concept formation
Crime prevention
Criminal law
Discrimination
Domestic violence
Ethnicity
Hate crimes
Hate speech
Identity politics
Legislation
Marginality
Minority groups
Murders & murder attempts
Offenses
Oppression
Perpetrators
Politics
Populism
Protection
Race
Racial identity
Self concept
Sexual orientation
Social exclusion
Special Issue Article
Victimization
Victims
Victims of crime
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Summary: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.
ISSN:0090-5992
1465-3923
DOI:10.1017/nps.2020.21