Aporofobia y justiciaUn enfoque victimológico basado en sentencias

Abstract

This study performs an analysis of the sentences related to hate crimes motivated by aporophobia or discrimination against people living in poverty, regulated in Article 510 of the 1995 Criminal Code on hate crimes, as well as in the aggravating circumstance of discrimination due to aporophobia contained in Article 22.4 of the same code. The period analyzed covers from 2015 to 2023, and the sources of information used were the legal databases Aranzadi Instituciones and Cendoj, widely recognized in the legal field for their reliability and completeness.The main purpose of this research is to identify the general characteristics of the victims of this type of crime, paying special attention to those cases in which at least one of them is a woman. This approach is due to the particular vulnerability that women present in the context of aporophobia, which exposes them to specific risks within this form of discrim-ination. In addition, the study seeks to classify the different types of hate crimes that can lead to convictions related to aporophobia, offering a comprehensive view of the legal and social dynamics associated with this phenomenon.In parallel, the research also addresses structural issues related to aporophobia, such as the problem of underreporting. Many victims of these crimes do not report, which hinders not only the effective prosecution of these behaviors, but also the visibility of aporophobia as a social reality in our communities. This invisibility perpetuates the marginalization of those affected and poses important challenges for the design of public policies to address and eradicate this form of exclusion