ĐORĐEVIĆ v. CROATIA JUDGMENT 39 129. The Government further submitted that the parents had a major responsibility in preventing their children from behaving inappropriately. The parents of the children involved had repeatedly been told by the school authorities, as well as the social services, about the problems with their children. 130. On the other hand, the second applicant as the first applicant’s mother should also bear a certain degree of responsibility in caring for him. It had been established that the first applicant needed help walking and required constant care from his mother. He had also been found to be suffering from epilepsy and was short-sighted. The social services had warned the second applicant not to let him out of the flat alone; heeding this warning would have solved all problems relating to his physical contact with others, and if she had always accompanied him outside, she would have been able to raise the other children’s awareness as regards her son. (c) The third-party intervener 131. The European Disability Forum viewed the issues in the present case through the lens of disability hate crime. It maintained that recognising a hate crime against persons with disabilities represented a challenge for many legal systems since the use of their vulnerability tended to prevent the law-enforcement agencies and courts from identifying the actions as a hate crime. Two separate studies in the United Kingdom had shown that, while people with disabilities were four times more likely than their non-disabled peers to be verbally and physically attacked, they were half as likely to report crimes to the police. 132. The third-party intervener further argued that hostile behaviour towards persons with disabilities that provoked violent attacks was inherently discriminatory since the victims were chosen because of their visible disability. It argued that the fear of persons with visible disabilities whose appearance was seen as “disturbing and unpleasant” was the dominant reason for violence against persons with disabilities. Such persons were often seen as inferior or responsible for their own condition, which put the burden on society as a whole. 133. Fear of the “different” was nourished only where the potential victim was perceived as vulnerable. The vulnerability of a disabled person was an opportunity for the offenders to carry out their attacks. This was especially pertinent in cases where persons with disabilities were attacked not for the purpose of robbing them or their property, but to humiliate and hurt their persona. 134. The European Disability Forum also submitted that the specific recognition of disability hate crime was a recent trend. Relying on Article 5 of the United Nations Convention on the Rights of Persons with Disabilities (cited above), it submitted that that Article confirmed the entitlement of persons with disabilities to protection on an equal basis to others. For the

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