• Who this article is for: those who want to understand how LGBT+ rights are protected in Spain, which public bodies are responsible for equality, and how international protection works for LGBT immigrants.
• What’s inside: the level of public support, the responsible public authority, the history of legal development, the key provisions of the Trans Law, and the asylum application process.
• What matters: this article explains legal guarantees, anti-discrimination measures, and the basic logic of the international protection procedure in Spain.
• Useful links: see the materials and services below for immigration-related support.

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Spain is the country where the idea that LGBT+ people should be able to openly express their sexual orientation and show affection in public receives the broadest support. Spain ranks third by the share of citizens who support same-sex marriage (76%), behind only Sweden (79%) and the Netherlands (84%), and also ranks highly in support for the right of such couples to adopt children (77%).

According to opinion polls, 50% of the country’s residents support the idea that athletes should be able to openly state their homosexuality in sports. Spain is also the only country where a majority of the population supports the participation of transgender athletes in competitions in the category of the gender with which they identify. Compared to other European countries, Belgium and the Netherlands come next on the list – with a significant gap – at 37% support each, followed by France at 34%.

Who protects LGBT rights in Spain

The General Directorate for the Real and Effective Equality of LGBT People under the Ministry of Equality is responsible for drafting proposals, promoting and implementing measures aimed at ensuring the right to equal treatment and non-discrimination in Spain for people of different identities and orientations, while guaranteeing full respect for and protection of their rights and freedoms.

Its specific functions include drafting regulations aimed at eliminating persistent situations of discrimination, preparing reports and studies on issues related to the right to equal treatment and non-discrimination, and proposing initiatives designed to promote real and effective equality and non-discrimination for LGBT people in all areas. Special attention is paid to the administrative, educational, labor, healthcare, sports and cultural spheres, as well as to family, childhood and youth matters.

In addition, this body is responsible for integrating the principle of LGBT rights into all areas of public policy and for coordinating relevant measures between different ministries.

History of LGBT rights development in Spain

Spain is one of the European countries that has consistently and tirelessly moved forward in recognizing human rights for members of the LGBT community. According to ILGA-Europe, Spain ranks fourth among 49 European countries in terms of LGBT rights.

This was supported, in particular, by the adoption of Ley 4/2023 of 28 February (Ley 4/2023, de 28 de febrero) – the law on the real and effective equality of transgender people and guarantees of LGBT rights – as well as regional LGBT rights laws. In addition, the 1978 Spanish Constitution enshrines equality and non-discrimination as fundamental principles. Article 14 guarantees equality before the law without discrimination on the grounds of birth, race, sex, religion, beliefs, or any other personal or social condition or circumstance.

The history of the emergence and development of LGBT rights in Spain is generally counted from 1979. The chronology of legal changes in reverse order is as follows:

2023:

• Constitutional protection against discrimination on the grounds of sex
• Protection against discrimination on the grounds of sex in the provision of goods and services
• Protection against discrimination on the grounds of sex in healthcare, education, employment and housing
• National regulation of “conversion therapies”
• Restrictions on medical interventions involving intersex children
• Recognition of gender identity based on self-determination

2022:

• Protection against discrimination on the grounds of gender expression in the provision of goods and services
• Protection against discrimination on the grounds of gender expression in healthcare, education, employment and housing

2021:

• Constitutional protection against discrimination on the grounds of gender expression
• Protection against discrimination on the grounds of gender identity in the provision of goods and services
• Hate crime legislation based on gender identity

2015:

• Legal consequences for incitement to hatred based on gender identity

2013:

• Constitutional protection against discrimination on the grounds of sexual orientation and gender identity
• Protection against discrimination on the grounds of sexual orientation and gender identity in education

2011

• Protection against discrimination on the grounds of sexual orientation and gender identity in healthcare

2010

• Hate crime legislation based on sexual orientation

2005:

• Legalization of same-sex marriage
• Legalization of joint adoption and partner’s child adoption for same-sex couples

1999:

• Legalization of civil unions for same-sex couples

1996:

• Protection against discrimination on the grounds of sexual orientation in employment
• Legal consequences for incitement to hatred based on sexual orientation

1995:

• Protection against discrimination on the grounds of sexual orientation in the provision of goods and services

1979:

• Decriminalization of consensual same-sex sexual relations

Key points of the Trans Law in Spain

The Trans Law in Spain brought a number of positive changes, such as guaranteed access to healthcare, a ban on mutilating and unjustified genital surgeries on intersex people, and so-called conversion therapies, as well as legal gender recognition for transgender people based on self-determination. By adopting this law, Spain aligned its legislation with international standards. Mechanisms were created for legal gender recognition without requiring medical treatment or medical reports. In the modern world, for transgender people, having identity documents that reflect their gender identity is of crucial importance for ensuring their fundamental rights – the right to privacy and the right to health.

Other key provisions of the law include the inclusion of topics related to gender and sexual diversity in educational programs, as well as the training of teachers and public officials. Measures are предусмотрed to combat school bullying and discrimination in the workplace, as well as guarantees of international protection for refugees persecuted because of their gender identity.

International protection for LGBT immigrants in Spain

International protection and asylum are of key importance in ensuring the rights and safety of members of the LGBT community who face persecution or violence in their countries because of their sexual orientation, gender identity or gender expression. First and foremost, they are intended to protect the rights of people who are outside their country and who are unable or unwilling to return because of a well-founded fear of persecution.

In the case of LGBT people, persecution can take many forms: criminalization of homosexuality, violence based on sexual orientation or gender identity, discrimination in access to essential services, lack of legal protection and deprivation of fundamental rights. In such a situation, persecuted individuals have the right to seek asylum in another country, including Spain, where their protection and human rights will be safeguarded. The procedure for obtaining refugee status for LGBT immigrants in Spain is quite complex and takes a long time. Nevertheless, it is worth considering if the asylum seeker can prove that all six key grounds are present:

1. If I return to my country, there is a high probability that I will be persecuted.
2. This persecution is linked to my sexual orientation, gender identity or other characteristics that place me in a particular social group.
3. I have a well-founded fear of returning to my country.
4. I have grounds to connect this fear with the situation that exists in my country.
5. My state cannot protect me (police, courts, etc.).
6. I cannot live safely in another part of my country, or it would be unreasonable for me – taking my identity into account – to relocate to another region of the country.

The procedure for applying for asylum in Spain is divided into three stages:

1. Registration of the application. The applicant must first schedule an appointment to submit the application for international protection at a police station or at a detention center for foreigners (CIE).
2. Personal interview. The applicant has the right to a personal interview, during which they can explain in detail the reasons for their application. During this interview, it is important to mention persecution based on sexual orientation or gender identity.
3. Review and decision. The Office for Asylum and Refugees (OAR) reviews each case individually and decides whether to grant refugee status or subsidiary protection. In the event of refusal, the applicant has the right to appeal the decision.

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