Spain Spain


Gascón Cuenca, A. (2012), "Hate Speech in Spain: the Case Law Evolution of the Last Decade", Cuadernos Electrónicos de Filosofía del Derecho (CEFD), Vol. 26 , pp.310-339

View full Research



Type of publication

Desk research

Geographical coverage


Area/location of interest

Not applicable - national level

Type of Institution



Gascón Cuenca

Main Thematic Focus

Hate speech

Target Population

Muslims Migrants People with migrant background Ethnic minorities Refugees & asylum seekers People of African descent & Black Europeans LGBTI

Key findings

This is a research study of the Spanish case law in the last decade (before 2012) in the field of the Hate Speech and its main conclusions are:
The Spanish High Constitutional Court made important work about the justification of the limitation of freedom of expression because of the vagueness expressed by the legislator in the criminal types.

Methodology (Qualitative/Quantitative and exact type used, questionnaires etc)

Desk research

The work was run within two research projects: Consolider-Ingenio CDS2008-00007 The time of the rights (El tiempo de los Derechos), funded by the Ministry of science and innovation, and, within its line number 5 “Multiculturalism”, and the Project Prometheus 2010/099 “immigration, integration and public policies: guarantee of rights and its evaluation", funded by the Valencian Government Education Department (Generalitat Valenciana Conselleria d' Educació).

No more detailed information provided

Sample details and representativeness


DISCLAIMERThe information presented here is collected under contract by the FRA's research network FRANET. The information and views contained do not necessarily reflect the views or the official position of the FRA.