La Necesidad de la Tipificación del Delito de Odio por Identidad de Género y Orientación Sexual en Colombia

Abstract

The current situation of the GLBT community in Colombia has escalated each year by increasing human right’s violations. They become constant victims of torture, threats, deaths, extra-judicial disappearances, and any violent act based on their sexual orientation and gender identity.

The legislation in Colombia has not been able to provide effective judicial protection against events that have given rise to violations of their human rights, not only in the national laws, but also in internationals treaties.

This article aims to lead to an analysis of what is included in the definition of hate crime based on gender identity and sexual orientation, its elements and characteristics, as a necessity compared to what is currently included in Colombian criminal law. The methodology adopted will have a qualitative approach, with an explanatory nature between international, regional and national regulations; through the collection of documentary information. The expected result will be to support the need to define the hate crime vs. the aggravating circumstance provided for in art. 58 of the Penal Code. Keywords: Hate crime, criminalization, legal good.