TGEU The ProTrans project TERMINOLOGY Hate crime (or bias crime) Gender identity is understood to refer to each person’s Hate crimes are criminal acts motivated by bias or prej- deeply felt internal and individual experience of gender, udice towards particular groups of people. This could Advocacy which it is employed. It is important to stress that docu- which may or may not correspond with the sex assigned be based, inter alia, on gender, gender identity, sexual The deliberate process of influencing those who make menting is a process that includes different steps, which at birth, including the personal sense of the body (which orientation, ethnicity, religion, age or disability. A hate or have responsibility for implementing policy deci- can vary depending on the goal of the documentation. may involve, if freely chosen, modification of bodily crime comprises two distinct elements: sions. As such, the word “advocacy” is quite pliable and Generally, documentation is the process of organising appearance or function by medical, surgical or oth- • It is an act that constitutes an offence under is used variously to suit organisational agendas. It is un- and classifying the collected data such that it is acces- er means) and other expressions of gender, including the criminal law, irrespective of the perpetrator’s derstood in terms of the work an organisation does and sible in the short and long term. It implies categorising dress, speech and mannerisms. (Yogyakarta Principles) motivation; and the fundamental mission of the organisation. the collected data according to certain criteria (such as • In committing the crime, the perpetrator acts the profile of victims/perpetrators; categories of inci- Gender expression Bias indicators dents; bias indicators). This makes the data accessible An individual’s personal traits, mannerisms and other Criteria that can assist law-enforcement professionals and creates possibilities for analysis. Analysing data in- manifestations of gender identity. in determining whether a particular crime should be cludes elaborating statistics, charts and graphs to make classified as a bias/hate crime. These criteria are not findings more visible. Good documentation is the basis Gender marker bership in a particular group. Where the crime involves all-inclusive, and each case must be examined on its for good reporting and dissemination to actors (govern- Gender marker is a gendered designator on, for example, damage to property, the property is chosen because of own facts and circumstances. ment authorities, European/international institutions, an identity document (passports). The most obvious gen- its association with a victim group and can include such on the basis of prejudice or bias. Thus, the perpetrator of a hate crime selects the victim based on the victim’s membership or perceived mem- human-rights institutions, etc.) that can take action. der markers are designations such as male/female or Mr/ targets as places of worship, community centres, vehi- Bias motivation Good documentation can also be used to create effec- Mrs/Ms/Miss. They can also be professional titles or per- cles or family homes. A bias or hate crime or hate-motivated incident can be tive advocacy tools, such as educational materials, arti- sonal pronouns, or coded numbers, such as social security based on one of the following motivations: race/ethnic- cles and posters that support the changing of attitudes. numbers and tax numbers which may use certain combi- Hate speech ity, religion/faith, nationality, age, disability, sex, sexual orientation, gender identity or other grounds. + 104 + Gender identity nations for men and for women (for example, even/une- Forms of expression that are motivated by, demon- Gender ven numbers). Gender markers are often embedded in ID strate or encourage hostility towards a group or a per- The socially constructed roles, behaviours, and personal cards or personal certificates such as passports, birth certif- son because of their membership in that group. Since Data collection characteristics that a given society considers appropri- icates, school diplomas, and employers’ reference letters. hate speech may encourage or accompany hate crimes, Data collection implies determining what information ate for men, women and others. People whose gender is needed and establishing the means to acquire it. Fact is neither man nor woman may describe themselves as Gender-reassignment treatment ably as to which forms of expression can be limited or finding and monitoring are part of this process. Meth- being in an intermediate state between the two, being The full range of medical services that trans people may prohibited because of their hateful nature. ods include a wide range of tools such as surveys, inter- both, being neither or belonging to another gender alto- require in order to medically transition, including coun- views, questionnaires, etc. gether. Some examples of genders aside from man and selling, psychotherapy, hormone treatment, hair remov- Monitoring woman include two-spirit among Native North Ameri- al, initial surgeries such as a mastectomy, hysterectomy A broad term describing the active collection, verifica- Documentation cans, muxe in southern Mexico, hijra in South Asia, gen- or orchiectomy and a range of genital-reconstruction tion and use of information to address human-rights The term “documentation” can have different meanings, derqueer in North America and Europe, and many oth- surgeries. Alternative terms used are “gender affirming”, problems over time. Human-rights monitoring includes depending on the geographical context or the field in ers in societies around the world. “gender affirmation” or “gender-confirmation surgeries. observing and gathering information about incidents the two concepts are interlinked. States differ consider- + 105 +