A propósito de la violencia anti-LGTBIQ. Notas para una aproximación crítica a los delitos de odio en España
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Experiences outside the domains of heterosexual and cisgender norms have been of legal interest since the 18th century. However, in recent decades, sexual practices between people of the same sex, as well as gender expressions or identities not aligned with the concordance between genitals and gender, have gone from being persecuted to being protected by the Penal Code in a significant number of Western countries. This transformation has taken place amidst substantial societal changes in sexuality and gender. This article provides a brief historical overview, explaining how social changes have translated into legal shifts concerning sexuality and gender in Spain. This evolution has paved the way for incorporation of the hate crimes paradigm, even garnering support from historically dissenting social groups. Additionally, the article addresses the complexities, contradictions, and limitations of hate crimes in safeguarding vulnerable social groups, particularly the LGBTIQ community. Finally, we propose reflections to consider ways for restorative justice that could contribute to the redress or reparation of hate crimes within the Spanish context