Legal Protections Against Disability Hate Crime in the UK: Proposal

This research proposal addresses the rising issue of disability hate crime in the UK, outlining the need for legal protections for disabled individuals who are victims of violence and hateful behavior. It presents two hypotheses related to the motivations behind these crimes and the adequacy of current UK laws, along with research questions focusing on the factors driving disability hate crimes and potential legal solutions. The proposal includes a literature review of international legal instruments and concepts like ableism, identifying a gap in understanding how existing laws protect disabled victims. The research methods involve studying legal documents, analyzing cases using legal doctrinal and grounded theoretical approaches, and aiming to demonstrate the severity of disability hate crimes and the need for improved legal frameworks. This document is available on Desklib, a platform that provides all the necessary AI based study tools for students.

Running head: HATE CRIME AGAINST DISABILITY
Hate Crime against Disability
Name of the Student
Name of the University
Author Note

1HATE CRIME AGAINST DISABILITY
Table of Contents
1. Introduction.........................................................................................................................2
1.1. Proposed Title of the Research....................................................................................2
1.2. Hypothesis...................................................................................................................2
1.3. Research Questions.....................................................................................................2
1.4. Background to the Study.............................................................................................2
2. Rationale for the Research Study........................................................................................3
3. Indicative Literature Review..............................................................................................4
4. Research Methods...............................................................................................................8
4.1. Data Sampling.............................................................................................................8
4.3. Data Analysis...............................................................................................................9
5. Intended Outcomes (Aims).................................................................................................9
6. Proposed Structure............................................................................................................11
References................................................................................................................................13

2HATE CRIME AGAINST DISABILITY
Statutes
Criminal Justice Act of 2003
Equality Act of England 2010
Disability Discrimination Act of 1995
UN Convention on Rights of Disabled People
WHO Legislation on Mental Health and Protecting the Rights of Disabled People

3HATE CRIME AGAINST DISABILITY
1. Introduction
1.1. Proposed Title of the Research
Hate Crime against Disability
1.2. Hypothesis
Hypothesis 1 – Feelings of anger, insecurity and the concept of ableism are seen to induce
the motivation towards hate crimes against the disabled
Hypothesis 2 – The current laws in place in the United Kingdom are sufficient or adequate
for protecting the rights of the disabled people in the country
Alternative Hypothesis 1 – The motivation for hate crimes against the disabled in the United
Kingdom are not unique from the motivation for hate crimes in general in the country
Alternative Hypothesis 2 – The current laws in place in the United Kingdom are insufficient
or inadequate for protecting the rights of the disabled people in the country
1.3. Research Questions
RQ1: What are the factors that motivate hate crimes against disabled people in the United
Kingdom?
RQ2: How can disability crime in the United Kingdom be reduced or brought under control
through the implementation of law?
1.4. Background to the Study
Disability hate crime is on the rise in the UK today, with violent activities being
perpetrated against disabled people every now and then. Such a crime is politically perceived
often as an extreme variety of ableism which finds manifestation in the form of hateful
behavior being demonstrated towards people who have disabilities, with some of these
acts often being criminal in nature. Disability hate crimes can include anything ranging from
intimidating behavior and verbal abuse to assault, vandalism and at times, even
murder.1 Disability hate crime can occur between acquaintances, between members of the
1 'Equality Act 2010' (Legislation.gov.uk, 2019) <https://www.legislation.gov.uk/ukpga/2010/15/contents>
accessed 18 March 2019

4HATE CRIME AGAINST DISABILITY
same family, between friends and even between strangers who have never met each other
before.2 Two of the key requirements that need to be present in order for any behavior to be
perceived as something as morbid as a disability hate crime are for the act to be entirely
criminal in nature and secondly for it to be perpetrated against someone who has physical or
mental disabilities or both.3 Disability hate crime in the United Kingdom is considered to be
an aggravating factor according to provisions such as Section 146 under the country’s
Criminal Justice Act of 2003. According to such a provision a heavier tariff is to be used at
the time of sentencing, if the crime is committed with a feeling of hatred and rage4. The
sentencing provisions shall apply if at the time of the crime being committed or right before
or after having been committed, the offender is seen to demonstrate hostility towards the
victim based on the victim’s sexual orientation, or presumed disability or if the offence
happens to be motivated by a feeling of hostility towards people who belong to a certain
sexual orientation or who have some disability or a specific set of disabilities.5 The test when
it comes to Section 146 is one that is meant specifically for evidence of, not hatred but rather,
hostility, since the seriousness of such an offense is what will justify application of a test that
is less strict.6 This report prepares a research proposal on the subject of disability hate crimes
in the United Kingdom. The proposal outlines the research questions to be considered during
the study, an in-depth literature review on hate crimes against disabled people worldwide and
in the UK, a research hypothesis, and research methodology.
2. Rationale for the Research Study
A necessary need exists to locate as well as provide protection for disabled people in
the United Kingdom who become unfortunate victims of hateful and violent behavior on
account of their physical and mental handicaps. Such protection can be made available
only through the implementation of adequate and relevant legal instruments and
mechanisms. This research aims to determine the root causes of violent behavior or hate
crimes towards disabled people in the United Kingdom. The research also wishes to
2 Hughes B, 'Impairment On The Move: The Disabled Incomer And Other Invalidating Intersections' (2017) 32
Disability & Society
3 'Disability Discrimination Act 1995' (Legislation.gov.uk, 2019)
<http://www.legislation.gov.uk/ukpga/1995/50/contents> accessed 18 March 2019
4 Degener T, 'Disability In A Human Rights Context' (2016) 5 Laws
5 Legislation UK, 'Criminal Justice Act Of 2003' (Legislation.gov.uk, 2019)
<http://www.legislation.gov.uk/ukpga/2003/44/pdfs/ukpga_20030044_en.pdf> accessed 18 March 2019.
6 Degener T, 'Disability In A Human Rights Context' (2016) 5 Laws

5HATE CRIME AGAINST DISABILITY
uncover possible laws that exist and propose new legal solutions that can be adopted to
prevent such hate crimes from taking place.
3. Indicative Literature Review
1. Attitude of General People to People with Intellectual Disabilities in Libya and
United Kingdom
Benamir et al. (2015), engaged in a cross cultural study of the attitude that people have
towards individuals who have intellectual disabilities in Libya and in the United Kingdom. In
their view, the attitude of a country’s general population towards people who have disabilities
provides a crucial background for the development of policy. They further argue that owing
to such changes in attitude across different cultures, it becomes necessary to go ahead and
ground policy formulation and development for every country using the data from that
country. The aim of the research that was undertaken by Benamir et al. (2015), was to partake
in a cross cultural examination that entailed investigating the attitude of people in general to
those who have intellectual disability in the country of Libya in 2011. The data from Libya
was then compared with the data that was retrieved for the same investigation carried out in
the United Kingdom.7
2. Disability and Human Rights
Degener (2016), has analyzed the issue of disability in the context of human rights. She
has studied in detail the Convention on the Rights of People with Disabilities arguing that
it is a modern rights based treaty that has several components to it. Such an instrument she
further argues, is not only one which impacts disability studies but which impacts human
rights law as well. Two such innovations are those that Degener (2016), has scrutinized in
detail in her research work. These are the discrimination and equality concepts pertaining to
the Convention on the Rights of People with Disabilities and a model of disability. She
alludes to the argument that is often made by scholars, that the Convention on the Rights of
People with Disabilities showcases a transition from a medical model on disability to a model
of disability that is based on human rights. She then proceeds to offer six propositions as to
how and why the model based on human rights is one that differs in a great way from social
models of disability. The applied methods that Degener (2016), puts to use in order to carry
out her research are the analysis of the disability studies model and legal doctrinal analysis.8
7 Benamir A, R NicolsonN Beail, 'Attitudes Towards People With Intellectual Disability In The UK And Libya:
A Cross-Cultural Comparison' (2016) 51 Research in developmental disabilities
8 Degener T, 'Disability In A Human Rights Context' (2016) 5 Laws

6HATE CRIME AGAINST DISABILITY
3. Stigma and Disability
Ditchman et al. (2016), have researched on the manner in which stigma is seen to impact
people who have intellectual disabilities. Ditchman et al. (2016), argue that adults and
children all over the world who are possessed with disabilities are people who are seen to
face a lot of discrimination, abuse, marginalization and social exclusion. The researchers
provide an overview of the effects that stigma is seen to have when it comes to perpetuating
social inequalities while also violating basic human rights of individuals who are possessed
with intellectual disabilities.9
4. WHO Legislation on Mental Illness and Human Rights and UN Convention on
the Rights of People with Disabilities – A Comparison
Duffy and Kelly (2017), have carried out a comparative study on WHOs legislation
pertaining to mental health and human rights issues and the Convention on the Rights of
People with Disabilities. They argue that good legislation on the subject of mental health is
absolutely imperative for making sure that high quality health care is made available to
people suffering from mental health issues, while protecting their human rights at the same
given time. The legal documents pertaining to the WHO legislation on mental health and the
text of the Convention on the Rights of People with Disabilities have been compared, with
similarities being highlighted and areas of disagreement being identified. What the results of
their study appears to indicate is that both the UN Convention on the Rights of People with
Disabilities and the WHO legislation on mental health issues address more than simply acute
exacerbations of mental illness, while also providing a number of useful guidelines on
occupation, housing, education, treatment and inter-alia. Both the legal documents are
centered round patients and are also influenced very strongly by social rights..10
Gaps in the Literature Reviewed
The literature reviewed provides a fair bit of detail on the international legal
instruments that are in place for the protection of the rights of the disabled people around the
globe, and it also points to how concepts such as ableism have influenced the derogatory and
often violent behavior that is displayed towards disabled people worldwide. What the
literature misses out on however is an understanding of how the disabled people who
9 Ditchman N, E LeeN Jones, 'How Stigma Affects The Lives Of People With Intellectual Disabilities: An
Overview.' [2016] Intellectual Disability and Stigma
10 Duffy RB Kelly, 'Rights, Laws And Tensions: A Comparative Analysis Of The Convention On The Rights Of
Persons With Disabilities And The WHO Resource Book On Mental Health, Human Rights And Legislation.'
(2017) 54 International journal of law and psychiatry,

7HATE CRIME AGAINST DISABILITY
experience violence and who are the victims of violent attacks, can be protected by the law,
in the event that society fails to be sympathetic to their condition11. More research needs to be
done on how local laws can be framed or drawn up in order to better protect the disabled in a
country. 12
4. Research Methods
4.1. Data Collection
Data shall be retrieved as well through the study of legal documents, such as the UN
Convention on the Rights of the Disabled, the WHO Legislation on Mental Health and the
rights of the disabled and local laws and statutes in the United Kingdom pertaining to the
protection of disabled people, chief of these being the Criminal Justice Act of 2003.
4.2. Data Analysis
. The archival data that is retrieved through the study of local and international legal
instruments pertaining to the protection of the disabled people, will be studied using legal
doctrinal analytical methods. Grounded theoretical analysis will be utilized by analyzing
single cases of victims of disability hate crimes in the UK, for the purpose of formulating
specific theories or concepts that pertains to their predicament. Additional cases shall also
then be examined following the analysis of single cases, to determine whether these
contribute to the concepts that are being drawn up, or not.
5. Intended Outcomes (Aims)
 The research study intends on demonstrating that the crimes that are presently
being carried out in the United Kingdom as well as those that have been carried
out over the years are grave and serious in nature and that the motivation behind
such crimes stems from very dark places of the human psyche.
 An important intended outcome of this research study is to showcase the fact that
the laws that are presently in place in the United Kingdom for protecting the rights
of disabled people are not sufficient, and that more stringent laws need to be
drawn up if a reduction in hate crimes against the disabled is to be achieved.
11 Sainsbury R, 'Labour Market Participation Of Persons With Disabilities–How Can Europe Close The
Disability Employment Gap?.' (2018) 1 The Right to Work for Persons with Disabilities
12 Thomas C Milligan, 'Dementia, Disability Rights And Disablism: Understanding The Social Position Of
People Living With Dementia.' (2018) 33 Disability & Society

8HATE CRIME AGAINST DISABILITY
6. Proposed Structure
Chapter 1 – Introduction
1.1 – General Overview of Disability hate crimes in the UK
1.2 - Legal clarifications
1.3 – Research Questions
1.4 Research Methodology
1.5 Research Hypothesis
1.6 Intended Results
Chapter 2 – International Law and Disability
1.1 – Overview of International Laws on Disability Rights
1.2 Incorporation of International Law on Disability in UK law
1.3 Implementation of Disability Laws in the UK
Chapter 3 – Disability Hate Crimes in the United Kingdom
1.1. – Incidents of Hate Crimes against Disabled People in the UK
1.2. – Understanding the root causes of Disability Hate Crimes in the UK and Elsewhere
1.3. Discussion and Analysis of UK Laws that have been invoked to Protect Disabled
People and the Effectiveness of Such Laws
Chapter 4 – Conclusion
1.1 – Recommendations to ensure better legal protection for victims of disability hate crimes
in the UK
1.2 – Recommendations on how Civil Society can play a more active role in preventing
disability hate crimes in the UK
1.3 Conclusion – a discussion on whether the hypothesis has been refuted or demonstrated

9HATE CRIME AGAINST DISABILITY
Bibliography
Benamir A, R NicolsonN Beail, 'Attitudes Towards People With Intellectual Disability In
The UK And Libya: A Cross-Cultural Comparison' (2016) 51 Research in developmental
disabilities
Degener T, 'Disability In A Human Rights Context' (2016) 5 Laws
'Disability Discrimination Act 1995' (Legislation.gov.uk, 2019)
<http://www.legislation.gov.uk/ukpga/1995/50/contents> accessed 18 March 2019
Ditchman N, E LeeN Jones, 'How Stigma Affects The Lives Of People With Intellectual
Disabilities: An Overview.' [2016] Intellectual Disability and Stigma
Duffy RB Kelly, 'Rights, Laws And Tensions: A Comparative Analysis Of The Convention
On The Rights Of Persons With Disabilities And The WHO Resource Book On Mental
Health, Human Rights And Legislation.' (2017) 54 International journal of law and
psychiatry,
'Equality Act 2010' (Legislation.gov.uk, 2019)
<https://www.legislation.gov.uk/ukpga/2010/15/contents> accessed 18 March 2019
Flint SJ Snook, 'Disability Discrimination And Obesity: The Big Questions?.' (2015) 4
Current obesity reports
Hughes B, 'Impairment On The Move: The Disabled Incomer And Other Invalidating
Intersections' (2017) 32 Disability & Society
Legislation UK, 'Criminal Justice Act Of 2003' (Legislation.gov.uk, 2019)
<http://www.legislation.gov.uk/ukpga/2003/44/pdfs/ukpga_20030044_en.pdf> accessed 18
March 2019.
Sainsbury R, 'Labour Market Participation Of Persons With Disabilities–How Can Europe
Close The Disability Employment Gap?.' (2018) 1 The Right to Work for Persons with
Disabilities
Thomas C Milligan, 'Dementia, Disability Rights And Disablism: Understanding The Social
Position Of People Living With Dementia.' (2018) 33 Disability & Society