Crimini d'odio contro la comunità LGBTQIA+: analisi comparativa tra Italia e Spagna

The purpose of this thesis is to examine the complex occurrence of hate crimes and hate speech, with a particular focus on hate crimes against the LGBTQIA+ community. The introductory chapter presents the definitions of hate speech and hate crimes. The latter is thoroughly analysed, including its historical development and the impact it has on its victims. Furthermore, this chapter presents a brief examination of certain types of hate crime and hate speech that is of particular relevance, including those motivated by religion and ethnicity, and those perpetrated against persons belonging to the LGBTQIA+ community. Additionally, a brief overview of hate crime and hate speech laws present in the American and Canadian contexts is provided, with a particular focus on crimes against the LGBTQIA+ community. The second chapter provides an in-depth examination of the Spanish historical journey, beginning from the era in which homosexuality was considered illegal up to the present legislative framework. This chapter thoroughly explores the Spanish legal setting, starting with the Spanish Constitution which acknowledges homosexuality in personal and social contexts. It then delves into distinct clauses of the Spanish penal code which principally tackle hate crimes. The third chapter focuses on Italy, examining the presently enforced laws penalising hate crimes and highlighting legal gaps in relation to discriminatory acts against the LGBTQIA+ community. A comparative analysis is made of Italy and Spain, with the aim of highlighting Italy's current legislative lacunae. Finally, a proposed bill aimed at amending the Italian penal code to enhance the protection of the LGBTQIA+ community is evaluated. The main aim of this thesis is to conduct a comparative analysis between Italy and Spain, identifying the prevalent legal deficits in Italy with regard to homophobic and transphobic hate crimes.