Discrimination consists of an act or omission that treats a person or group of people differently on the basis of their characteristics and/or race, color, sex, nationality, ethnic origin, sexual orientation, gender identity, or other factor or characteristic—with the aim of limiting or denying their rights, freedoms, and guarantees.

It is important to understand that, as long as discrimination exists, positive discrimination may be necessary: measures specifically targeted at minorities, with the aim of correcting inequalities and ensuring that they can exercise and enjoy their rights on an equal footing. Positive discrimination is a tool for achieving equity, not an end in itself; ideally, in a truly egalitarian society, it would no longer be necessary.

Discrimination can take many forms, which are generally classified as direct discrimination, indirect discrimination, and harassment:

There is no single, universal definition of a hate crime; its academic conceptualization has evolved, and legal definitions (where they exist) are variable and limited.

Nevertheless, certain acts motivated by prejudice or hatred constitute a crime under the legal system of the jurisdiction where they occurred; therefore, we can define hate crimes as:

(Sheffield, 1995).

In this context, we can consider that any crime committed for discriminatory reasons based on the victim’s skin color, ethnicity, national origin, religion, gender, sexual orientation, gender identity, age, illness, disability, or any other characteristic is a hate crime. It may also be considered a hate crime when the acts are committed against people who defend the rights of or work to support the aforementioned individuals.

Any negative expression regarding a group or an individual that spreads, incites, promotes, or justifies hatred, hostility, or violence against a person or group based on their perceived identity and/or characteristics (ethnic origin, skin color, nationality, religion, gender, gender identity, sexual orientation, disability, as well as human rights defenders and those who support the defense of these groups’ rights and the promotion of democratic values). These expressions take the form of verbal, written, and/or symbolic communication and are intended to discriminate, exclude, dehumanize, and incite violence.

Currently, due to the ease and speed of dissemination, the possibility of anonymity, and the lack of regulation, the most common medium for spreading hate speech is the internet, where it frequently appears on social media, messaging apps, forums and online communities, videos, live streams, and podcasts.
Hate speech may or may not constitute a crime, depending on the context in which it was uttered and the country’s laws.