No. "Philosophical beliefs" are not covered under Hate Crime legislation.
Hate Crime Laws
Final Report
Law Commission, 6 December 2021
Chapter 7: Recognition of other groups and characteristics
7.1 Our terms of reference ask us to “consider whether crimes motivated by, or
demonstrating, hatred based on other potential protected characteristics should be hate crimes.” In this chapter we consider the case for the inclusion of sex workers, people experiencing homelessness, alternative subcultures and philosophical beliefs. Some of these groups – sex workers and alternative subcultures – have been recognised for recording and monitoring purposes by various police forces across England and Wales. Philosophical beliefs are recognised for the purposes of antidiscrimination law under the Equality Act 2010. Homelessness is recognised in various North American jurisdictions, but not in any jurisdiction in the United Kingdom.
7.5 We conclude that none of these characteristics should be included in hate crime laws at the present time. However, in doing so, we do not suggest that crimes targeted towards any of these groups should not be considered serious and harmful. We also do not wish to suggest that current efforts of certain police forces in recording and monitoring hate crimes against alternative subcultures and sex workers should be abandoned. Though related, the considerations that guide police hate crime recording policy and practice are wider than those of the criminal law itself, in that they are connected to the common law duty of the police to keep the peace and prevent crime.
Conclusion following consultation
7.268 We understand the desire amongst victims and their supporters to have philosophical beliefs explicitly protected in hate crime laws. A few consultees provided evidence of a demonstrable need, although this was largely anecdotal. For example, British Naturism asserted that there has been an increase in recent years of criminal damage and assaults targeted at Naturists. The Hate Crime Unit also noted that there is research to suggest that there has been a rise in the harassment of religiously unaffiliated people in recent years (though as we have noted, lack of religious belief is protected under current hate crime laws). This echoed the evidence Humanists UK provided earlier in the review about the wider global threat that humanists and apostates face, and specific examples such as fake “anthrax” powder being sent to their offices.
7.269 However, overall evidence of criminal targeting on the basis of philosophical belief remains sporadic and inconclusive. We are therefore not persuaded that th “demonstrable need” criterion has been satisfied in relation to philosophical belief.
7.270 We acknowledge that violence against MPs has emerged as a serious concern in recent years. In the case of Jo Cox MP, the murderer was charged and dealt with as a terrorist. The suspect in the murder of David Amess MP was held under section 41 of the Terrorism Act 2000, and the CPS has authorised murder charges and announced that they “will submit to the court that this murder has a terrorist connection, namely that it had both religious and ideological motivations.” This demonstrates that there are ways of dealing with such ideological offending – namely terrorism legislation – that do not require the inclusion of philosophical or political belief in hate crime law.
7.271 In relation to addition harm, consultees in favour of recognising philosophical beliefs as a hate crime category drew comparisons between philosophical beliefs and religion. British Naturism, for example, argued that the effects of hate crime on adherents of a philosophical belief are very similar to those suffered by adherents of religion.
7.272 We accept that for at least some philosophical beliefs – Humanism and Naturism perhaps being two examples – criminal targeting may cause individual victim significant additional harm, and also cause wider harm to the affected group and society more widely. It is less obvious that this logic can be applied across all groups that may fall within the broad category of philosophical belief. However, for these purposes we accept that there is at least a strong argument that this criterion is satisfied.
7.273 The criterion of suitability arguably raises the greatest concerns. The issues we explored in our consultation paper were reiterated by a significant number of consultees. Indeed, a significant majority of consultation responses were opposed to the addition of philosophical beliefs as a hate crime category.
7.274 The first suitability issue relates to whether the extension of hate crime protection to philosophical beliefs is workable in practice. A number of consultees expressed concern that the concept of “philosophical beliefs” is too broad and thus it would be difficult for law enforcement agencies to draw effective parameters.
7.275 The second suitability issue also arises in relation to the broad nature of the concept of philosophical beliefs. Some consultees were concerned that extending protection to philosophical beliefs could risk providing protection to groups who hold views that are very harmful to society.
7.276 Finally, the third suitability issue relates to free speech concerns that may arise from the inclusion of philosophical beliefs. Consultees such as the Christian Institute and English Democrats were of the view that it could jeopardise the free exchange of ideas.
7.277 Due to these complex suitability issues, and a lack of concrete evidence of criminal targeting of individuals based on their philosophical beliefs, we do not recommend that philosophical beliefs should be recognised as a protected characteristic in hate crime laws. Although some consultees provided anecdotal evidence of their members being targeted because of the philosophical beliefs they hold, there is an overall absence of tangible data to establish a strong demonstrable need for protection to be extended to this group. We also find the suitability concerns persuasive. In particular the definitional concerns; a definition that is sufficiently broad to capture the intended groups could result in potentially harmful consequences, such as having a chilling effect on the expression of legitimate views and beliefs, and the protection of views
and beliefs that are in themselves harmful.
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