Do Some Identities Deserve More Protection than Others? the Case of Anti-lgb Hate Crime Laws in Poland
Do Some Identities Deserve More Protection than Others? the Case of Anti-lgb Hate Crime Laws in Poland
Across Europe, there is a vast disparity in the catalogues of characteristics protected by hate crime laws. This gives rise to the following question: what determines which characteristics are deserving of special protection in any given jurisdiction? In Poland, advocacy groups have been urging the parliament to add sexual orientation, gender identity, age, gender, and disability to the list of protected grounds in the revised penal code. Nevertheless, despite their efforts, the legislation has not changed. The chapter analyses, in the light of existing literature, the reasons why lesbians, gay men, and bisexual people are not protected by hate crime law in Poland. In doing so, it explores the interdependencies between politics and law, and shows how the current political situation influences criminal legislation and ultimately contributes towards the advancement or regress of legal protection.
Keywords: Poland, hate crime, gender, sexual orientation, criminal justice
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