Colant omnes quemque. Tornare all’essenziale dopo il ddl Zan

This essay takes account of the draft law aimed at tightening up the punishment for crimes committed on grounds of the victim’s sexual orientation or disability. In addition, it introduces a new hate crime for these reasons, extending to the above scope the offenses concerning discrimination on ‘racial, ethnic, or religious’ grounds. As known, this draft law wasn’t approved by the Italian senate. In relation to this project, the Author critically evaluates the traditional use of the threat of penal sanctions, which ends up assuming promotional purposes of certain life choices rather than contributing to the growth of a social climate of respect towards all. It is stated that this outcome would be better achieved through restorative justice. Furthermore, the lack of determination of the draft provisions and the delicate problems of the relationship between an unspecified case of discrimination and the constitutional principle of freedom of expression are highlighted.