Hate crime: a study from the perspective of Ecuadorian Criminal Law and Constitutional Law

Hate speech, hate crime, equality, discrimination, freedom of expression

Abstract

Hate speech and hate crimes are two concepts that converge in their thematic core but diverge in their le-gal application, particularly regarding their consequences. A thorough analysis of the theoretical intersec-tion between the heightened protection of equality and non‑discrimination and the right to freedom of ex-pression, together with its criminal manifestations, is required. Accordingly, this study aims to character-ize the content and boundaries of hate speech and hate crimes from a legal‑dogmatic perspective and in relation to the constitutionally protected legal interests or values at stake. Several tensions have been iden-tified concerning the interpretive clarity of speech protected by freedom of expression, discriminatory speech, and punishable speech under Articles 176 and 177 of the Comprehensive Organic Criminal Code. In sum, the study concludes that it is necessary to assess the elements of context, speaker, intent, content, scope, and likelihood of harm to distinguish advocacy of hatred and other punishable conduct from expres-sions protected by the fundamental right to freedom of expression.