Ireland is shown to be seriously deficient in addressing hate crime in a report published by the Chief Commissioner of the Irish Human Rights and Equality Commission.
The Lifecycle of a Hate Crime: Country Report for Ireland shows that, from the point at which a victim reports a crime to the gardaí to the point at which a judge sentences an offender, the hate element of a crime is filtered out of the criminal justice process.
Commissioner Emily Logan said: "It is not the responsibility of victims to avoid being targets of hate crime: the State, as the principal duty bearer - has a responsibility to send a clear message to society that hate crime is not tolerated.
"Hate Crime has a real-world, oppressive and damaging effect on those who fall victim to it. Hate Crime can cause people to withdraw from society and avoid expressing their identity.
"When unchallenged, hate crime carries consequences well beyond the immediate victim.
"It has the power to act as a 'message crime' - the ability to send out a message to an entire community - to warn off those who stray from the norm.
"It can also cause people to alter their daily lives to avoid further victimisation, including moving neighbourhood or job."
Report co-author, Dr Amanda Haynes, said: "There is no way of recording that an offender has committed a hate crime, meaning that there is no way of addressing this type of offending behaviour and no way of recognising recidivists.
"Hate crime simply is not part of the language of the Irish criminal justice process."
The Irish Council for Civil Liberties said Ireland has one of the highest rates of hate crime against people of African background and transgender people in the EU, but no laws to address it.
The report was funded by the European Commission and is the product of a two-year international research project involving five EU states, coordinated by the Irish Council for Civil Liberties.
The Irish research was conducted by the Hate and Hostility Research Group at the University of Limerick.
The National Steering Group Against Hate Crime, a coalition of civil society organisations, has called for the introduction of hate crime legislation for a number of years.
The authors of the report said the absence of any laws against hate crime has led to a "policy vacuum" in relation to crimes motivated by prejudice in Ireland.
Co-author Jennifer Schweppe said: "The EU Framework Decision on combating racism and xenophobia requires member states to ensure that a racist motivation is taken into account at sentencing.
"The European Court of Human Rights has also made clear that states are under an obligation to ensure that a hate element is properly investigated in all cases.
"Unfortunately, the criminal justice process in Ireland does not provide those working in the system with the tools to ensure that these two obligations are met.
"People experience hate crime every single day in our country, and it is time that politicians recognised this, and send a clear message through legislation that it is not acceptable."
Executive Director of the Irish Council for Civil Liberties Liam Herrick said: "This report identifies significant gaps in Irish law, policy and criminal justice practice around how we respond to the problem of hate crime."