to life and security,<sup>78</sup> violence against minorities (in the case of hate crimes) affects the economic outcomes of individuals and of the country as a whole (Crehan and McCleary-Sills 2015, 6). Countries that criminalize homosexuality also have costs associated with police enforcement, judicial proceedings, and incarceration. In the particular case of transgender prisoners, for example, reports reveal that they are susceptible to abuse when they are placed within the general prison population, and avoiding the abuse increases the costs associated with the incarceration of those individuals (UNOHCHR 2012, 24). A recent World Bank study on the cost of discrimination against LGBT people in India estimates that the cost of violence against LGBT people in the country could be as high as US$30.8 billion (Badgett 2014).

Box 5: What Are Hate Crimes and Hate Speech?

Hate crimes are criminal acts motivated by bias or prejudice toward particular groups of people. To be considered a hate crime, the offense must meet two criteria: First, the act must constitute an offense under criminal law; second, the act must have been motivated by bias. Bias motivations can be broadly defined as preconceived negative opinions, stereotypical assumptions, intolerance or hatred directed to a particular group that shares a common characteristic, such as race, ethnicity, language, religion, nationality, sexual orientation, gender, or any other similar common factor.

Source: OSCE (2009) As shown in table 5, data gathered by the study show no uniformity among the pilot economies in confronting the issue of bias-motivated crimes. In general, three different approaches were found: (a) countries with specific legislation concerning hate crimes and laws concerning hate speech (Bulgaria); (b) countries with legislation regarding hate speech but no laws related to hate crimes (Mexico, Morocco, the Netherlands, and Vietnam); and (c) countries with no legislation regarding either hate crimes or hate speech (Tanzania). One good practice is found in Bulgaria’s criminal code, which contains specific provisions regarding bias-motivated crimes in Articles 162–165. Article 162(2) concerns “crimes against national and racial equality” and punishes anyone who “uses violence against another or damages his property because of his nationality, race, religion, or political convictions.” Table 5: Does the Law Criminalize Hate Crime or Hate Speech?

||Bulgaria|Mexico|Morocco|Netherlands|Tanzania|Vietnam|
|---|---|---|---|---|---|---|
|Hate crime|ü||||||
|Hate speech|ü|ü|ü|ü||ü|

_Source_ : World Bank Equality Project.

Mexico criminalizes hate speech but does not provide for autonomous hate crime legislation at the federal level. Article 138(VIII) of the Penal Code of Mexico City, however, considers “hate” an aggravating circumstance that augments the punishment of the “base crimes” of homicide and bodily harm or injuries. Interestingly, this code provides that “hate” includes the religious and ethnic origin of the victim, but it also expressly mentions sexual orientation and gender identity as characteristics that constitute a bias when committing the crimes of homicide or bodily harm or injuries.<sup>79</sup> The gender identity characteristic is not expressly mentioned in any of the penal codes of the other countries. In Morocco, the penal code criminalizes inciting hatred during sports events. Vietnam’s penal code does not regulate hate crimes, but it does prohibit hate speech as the action of “sowing hatred, ethnic bias and/or division, infringing upon the rights to 78 See Article 3 of the Universal Declaration of Human Rights, which reads, “Everyone has the right to life, liberty, and security of person.” 79 Criminal Code for the Federal District (2002), Art. 138, Para. VIII.

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