Description
HATE CRIMES AND DISCRIMINATION: THE LGBT CASE
Book Summary
This work offers a deep legal analysis of hate crimes and discrimination directed against the LGBT+ community. The author examines the conceptual foundations, legislative evolution, and jurisprudential interpretation of these criminal offenses in the Spanish legal system. A rigorous study that unravels the complexities of Article 22.4 and Article 510 of the Penal Code, providing clarity on hate speech and the protection of sexual diversity. An essential resource for legal professionals seeking to understand the legal mechanisms for addressing the violation of fundamental rights.
What is it about?
The book addresses hate crimes and discrimination based on sexual orientation and gender identity, starting from the social reality of stigmatization suffered by LGBT+ people. It analyzes the distinction between hate crimes, which attack human dignity, and crimes of discrimination, which violate equal treatment and opportunities. The work critically reviews the absence of a specific heading in the Spanish Penal Code and studies the jurisprudence of the European Court of Human Rights regarding the protection of sexual minorities. It examines in detail the criminal types of hate and discrimination, their evolution from 1995 to 2015, and highlights the prominence of Article 510 of the Penal Code, pointing out the technical deficiencies that lead to contradictory judicial interpretations and potential restrictions on fundamental rights such as freedom of expression.
Main Topics
- Dogmatic analysis of hate crimes and discrimination based on sexual orientation and gender identity.
- Study of articles 22.4 and 510 of the Spanish Penal Code and their legislative evolution.
- Jurisprudence of the European Court of Human Rights on the protection of sexual minorities.
- Hate speech and its legal treatment in relation to freedom of expression.
- Deficient legislative technique and expansive and symbolic criminalization in penal reform.
Who is it recommended for?
Addressed to jurists, criminal defense lawyers, prosecutors, judges, and scholars of criminal and constitutional law. It is also of great utility to criminologists, members of law enforcement agencies specialized in hate crimes, and professionals in LGBT+ advocacy organizations who require rigorous technical-legal knowledge on the subject.
What this book provides
- An updated theoretical and practical framework for identifying and analyzing hate crimes and discrimination against the LGBT+ community.
- Clarification of the differences between hate speech and hate crime, as well as their legal implications.
- Exhaustive review of national and European jurisprudence, facilitating the practical application of the law.
- Critical analysis of the technical deficiencies of Article 510 of the Penal Code and their consequences in judicial interpretation.
- Tools for understanding legislative evolution and the tensions between the protection of fundamental rights and criminal classification.
Technical Data
- Author: LIZARDO GONZALEZ, EDUARDO
- Publisher: J.M. BOSCH EDITOR
- Language: Spanish
- Topic: CRIME AND CRIMINOLOGY, CRIMES AGAINST THE PERSON
- Collection: J.M. BOSCH EDITOR CRIMINAL COLLECTION
- Binding: Paperback
- Publication date: March 2023
- Number of pages: 420
- Weight: 800 g
Editorial Review
A reference work in the field of criminal law that addresses a highly relevant social and legal problem with technical rigor. Its detailed analysis of jurisprudence and legislative evolution, along with its critique of the technical deficiencies of the Penal Code, makes it a valuable tool for professional practice. Recommended for those seeking a deep and nuanced understanding of hate crimes and discrimination, beyond simplistic approaches.