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

Abstract

Using Hungary as a case study and focusing on legislative policies and the practical application of hate crimelegislation, this article shows the various ways legal policy can become misguided in the labyrinth of identitypolitics, minority protection, and penal populism. The first mistake states can make, the author argues, is notto adopt hate crime legislation. The second error arguably pertains to conceptualizing hate crimes as anidentity protection but not a minority-protection mechanism and instrument. The third fallacy the authoridentifies concerns legislative and practical policies that conceptualize victims based on self-identificationand not on the perpetrator’s (or the wider community’s) potential perception and classification. The fourthflaw concerns the abuse of the concept of hate crime when it is applied in interethnic conflicts whereinmembers of minority communities are perpetrators and the victims are members of the majority commu-nities. The fifth is institutional discrimination through the systematic underpolicing of hate crimes.

Using Hungary as a case study and focusing on legislative policies and the practical application of hate crimelegislation, this article shows the various ways legal policy can become misguided in the labyrinth of identitypolitics, minority protection, and penal populism. The first mistake states can make, the author argues, is notto adopt hate crime legislation. The second error arguably pertains to conceptualizing hate crimes as anidentity protection but not a minority-protection mechanism and instrument. The third fallacy the authoridentifies concerns legislative and practical policies that conceptualize victims based on self-identificationand not on the perpetrator’s (or the wider community’s) potential perception and classification. The fourthflaw concerns the abuse of the concept of hate crime when it is applied in interethnic conflicts whereinmembers of minority communities are perpetrators and the victims are members of the majority commu-nities. The fifth is institutional discrimination through the systematic underpolicing of hate crimes.