Del odio al prejuicio: reflexiones sobre la subjetividad y su prueba en los instrumentos penales antidiscriminación

Translated title of the contribution: From Hate to Bias: Reflections on Subjectivity and its Proof in Antidiscrimination Criminal Dispositions

Research output: Contribution to journalArticlepeer-review

Abstract

Regarding crimes against equality, through legal and criminological perspectives we argue the vantage point of adopting a bias crime model, understood as the negative characterization and discriminatory selection of the victim in reason of her belonging to a group, in lieu of hate, which implies evidencing the attacker's hostility towards the group the victim belongs to. This will allow criminal law to have better chances at tackling the true causes of discrimination, which take place beyond individual attitudes. This model will also allow the context in which the hierarchical and symbolic uses of violence occur, to be used as a distinctive sign of a prejudiced crime within the safeguards of criminal law.
Translated title of the contributionFrom Hate to Bias: Reflections on Subjectivity and its Proof in Antidiscrimination Criminal Dispositions
Original languageSpanish
Pages (from-to)175 - 202
Number of pages28
JournalEstudios Socio-Jurídicos
Volume18
Issue number2
DOIs
StatePublished - 2016

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