Indicator history

Close Window

Does national legislation provide specific sanctions against public servants reported as perpetrators of racist violence/hate crime?

Key Area:
Anti-racist Crime Legislation & Implementation
12/01/2012 - 00:37
Short Answer


Qualitative Info

There is no specfic legislative provision to this effect. However, there is a procedure foreseen in the Constitution for setting aside a decision or act of the administration when this is, inter alia, discriminatory.  Article 146 of the Constitution provides for the right to seek annulemnt of a decision, an act or omission of any organ, authority or person, exercising any executive or administrative authority if this is contrary to any of the provisions of the Constitution or of any law or is made in excess or in abuse of powers vested in such organ or authority or person. The application for such annulemnt may be made by any person whose any existing legitimate interest, which he has either as a person or by virtue of being a member of a Community, is adversely and directly affected by such decision or act or omission. This provision has been widely used by persons alleging acts of discrimination on the part of the administration.

Case law has established that the circumstances of the victim (economic /social status etc) may be taken into account as reflective of the degree of the perproterator's anti-social behaviour (Pittas v. the Republic 1973,2 J.S.C. 200) this rule can be interpreted as covering persons in a position of authority vis-a-vis the victim.

Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Asylum seekers
Type (R/D) Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Religious intolerance, Inter-ethnic, Intra-ethnic
Key socio-economic / Institutional Areas Policing - law enforcement, Health and social protection, Education
External Url$file/%CE%A4%CE%BF%20%CE%A3%CF%8D%CE%BD%CF%84%CE%B1%CE%B3%CE%BC%CE%B1%20%CF%84%CE%B7%CF%82%20%CE%9A%CF%85%CF%80%CF%81%CE%B9%CE%B1%CE%BA%CE%AE%CF%82%20%CE%94%CE%B7%CE%BC%CE%BF%CE%B