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20 U. C. Dublin L. Rev. 113 (2020)
Misogyny and Hate Crime - A Principled Basis for including Gender as a Protected Characteristic under UK Hate Crime Law?

handle is hein.journals/ucdublir20 and id is 125 raw text is: University College Dublin Law Review MISOGYNY AND HATE CRIME - A PRINCIPLED BASIS FOR INCLUDING GENDER AS A PROTECTED CHARACTERISTIC UNDER UK HATE CRIME LAW? Erin Nic an Bhaird I. INTRODUCTION In September 2018, the British government asked the Law Commission of the United Kingdom to undertake a comprehensive review of hate crime law.1 As part of this review, the Commission will consider whether crimes motivated by, or demonstrating, hatred based on gender characteristics should be treated as hate crimes.2 In other words, it will recommend whether to include gender as a 'protected characteristic' under hate crime legislation. This article will, firstly, scrutinise the circumstances in which the issue of gender-based hate crime gained traction in the UK and situate this development within the broader context of the evolution of hate crime law. Secondly, the case for 'gender-based hate crimes' will be explored, with reference to theories as to how protected characteristics ought to be selected and theories as to the underlying rationale for hate crime legislation. The focus will primarily be on whether there is a principled argument in favour of protecting gender characteristics; a discussion of the practical implications of this proposed reform is beyond the scope of this article. Depending on how the concept of gender is defined and interpreted, the protection of gender characteristics under hate crime legislation could address crimes involving hostility based on gender identity, gender expression and biological sex characteristics.3 This article frames the question of whether gender should be included as a protected characteristic in terms of whether crimes involving misogyny should be treated as hate Law Commission, ' Law Commission review into hate crime announced' (Law Commission, 18 October 2018) <https://www.lawcom.gov.uk/law-commission-review-into-hate-crime-announced/> accessed 7 April 2019. 2 ibid. 3For an explanation of these terms, see Amanda Haynes and Jennifer Schweppe, 'STAD: Stop Transphobia and Discrimination Report: 2014-2016' (Transgender Equality Network Ireland, 2017) 4-5. The concepts of gender identity, gender expression, and biological sex are interrelated, yet separate from one another. See also Jassamine Tabibi and others, 'Gender Diversity in the VAW Sector: A Discussion Paper Informed by November 2016 Knowledge Exchange' (Ontario, Centre for Research & Education on Violence Against Women & Children, 2017) 7. 113 [vol. 20 20201

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