Giménez-Salinas F. & Landa Gorostiza et al. (2023), Analysis of cases and sentences in the field of racism, xenophobia, LGTBIphobia and other forms of intolerance 2018-2022 (Análisis de casos y sentencias en materia de racismo, xenofobia, LGTBIfobia), M

Country

Spain

Title

Giménez-Salinas F. & Landa Gorostiza et al. (2023), Analysis of cases and sentences in the field of racism, xenophobia, LGTBIphobia and other forms of intolerance 2018-2022 (Análisis de casos y sentencias en materia de racismo, xenofobia, LGTBIfobia), Madrid, Spanish Observatory on Racism and Xenophobia.

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Year

2023

Publication type

Report - official data on incidents

Geographical coverage

National

Area/location of interest

Not applicable - national level

Type of Institution

Public authority

Institution

Spain, Ministry of Inclusion, Social Security and Migration / Spanish Observatory on Racism and Xenophobia (OBERAXE).

Thematic focus

Hate crime

Groups

General population

Key findings

As far as the social groups affected: there were the "ethnic" groups that simultaneously embrace a more limited version or a more expansive and comprehensive one. Second, the sexual collectives constitute the second group. As a third group, the remaining categories would combine social sectors that react to constitutive characteristics including age, familial circumstances, disease, functional diversity/disability, social exclusion, or aporophobia. In terms of the resolutions would be mostly condemnatory. Both police incidents officially registered in Spain and studies on judicial rulings point to an overrepresentation of the detection and subsequent prosecution and ruling of crimes of expression to the detriment of crimes with facts as a consequence of the reform of the Penal Code in 2015 and its article 510 of the Criminal Code.

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

Survey - quantitative research

Sample details and representativeness

Judicial decisions on hate crimes in Spain dated from 2018 to 2022. Out of 2,400 court rulings supplied by the General Council of the Judiciary (Consejo General del Poder Judicial, CGPJ) based on the the Judicial Documentation Center (Centro de Documentación Judicial, CENDOJ) repository of resolutions, 177 instances were chosen for the final sample of facts categorized as hate crimes because they satisfied the study's inclusion criteria and the facts prosecuted. The chosen judgment sample's representativeness was constrained as most of the rulings supplied were issued by collegiate bodies, which are required to submit all of their rulings. However, this does not preclude the CENDOJ from receiving resolutions from single-person bodies.

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.