Misogynistic Hate Speech in Italy and Spain: An Overview of Judicial Cases

Abstract

The paper examines the legal recognition of misogynistic hate speech in Italy and Spain, as well as the usefulness of applying a gender perspective in judicial reasoning concerning gender-based hate speech. To this end, the essay first investigates the relationship between hate speech and structural discrimination. It then reconstructs the relevant legal framework and jurisprudential approaches in Italy and Spain. Finally, after introducing the gender perspective as a judicial methodology, it analyzes several Italian and Spanish court cases involving misogynistic hate speech.