Spain
Categories Score
The full bar chart stands for 100%, and is filled by the country category score. The colour display uses the traffic light palette, with Green representing a score closer to 100% and Red a score closer to 0%.
ASYLUM
This category looks into laws that expressly include SOGISC as a qualification criteria for seeking asylum. We also take into account other legislation, policies, instruction or positive measures by state actors that are related to asylum addressing the needs and rights of LGBTI asylum seekers and refugees.
Criteria Compliance Ratio
Each pie charts stands for a category and is divided in slices by criteria. When a country complies with a criteria – fully or in some regions – the slice is coloured.
Keep in mind the criteria have different weighting factor within a category; for example, the criteria Prohibition of medical intervention without informed consent (intersex) stands for half (2.5%) of the INTERSEX BODILY INTEGRITY category weighting factor (5%). Meaning that even if a country can only comply with this specific criteria within the category (1/4 total criteria) the category scores 50%.
More information on the categories and criteria weighting factors here.
Category & Criteria Table
The table lists detailed information and insights on legislation supporting each criterion status. Please use the filters for in-depth analysis.
n/a = not applicable, meaning the criteria didn’t exist in the previous Rainbow Map edition (PROGRESSION column)
- Complies
- Applicable in some regions only
- Does not Comply
RECOMMENDATIONS
In order to improve the legal and policy situation of LGBTI people in Spain, ILGA-Europe recommend:
- Introducing hate speech laws that explicitly cover all bias-motivated crimes based on sexual orientation, gender identity, gender expression, and sex characteristics (SOGIESC).
- Introducing policies tackling hatred with express mention of SOGIESC (sexual orientation, gender identity, gender expression, sex characteristics) grounds.
- Updating the existing legal gender recognition framework so it includes a non-binary or third gender option.
Annual Review OF Spain
In our Annual Review of the Human Rights Situation of LGBTI People in Europe and Central Asia, we examine the advances made and provide concrete examples of on-the-ground situations at national level country-by-country in the 12 months from January to December 2023.
Read our Annual Review of Spain below for more details and stories behind the Rainbow Map. You can also download the Annual Review chapter (.pdf) covering Spain.
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Hate speech against LGBT people continued to be a serious issue (see cases here and here) and anti-trans rhetoric continued to gain more ground. Based on 7-8% of the overall population being LGBTIl, 29% claimed to have suffered harassment, 27% suffered discrimination, and 8% verbal or physical attacks.
A study by a private consultancy showed that online hate grew 130% between 2019 and 2022. Another study by the Lambda collective found that most anti-LGBTI+ hate speech online targets trans people.
Hate speech from politicians also remained common (see here and here). Vox and the Popular Party (PP) continued to threaten the challenge the new trans law. Stickers were posted against the trans law in Tarragona, calling it homphobic. The Madrid College of Physicians called the law “barbaric”.
Because of divided opinions on trans rights and sex work, cities including Madrid, Santiago de Compostela and Gijon staged opposing Women’s Day marches.
Several perpetrators of anti-LGBTI+ hate speech were convicted this year (see here, here, here, here, here, here). 13 organisations including NGOs and trade unions signed a Social Pact against hate speech calling for a national agreement protecting minorities from hate speech in the public sphere.
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The Ministry of Interior documented 459 anti-LGBT hate crimes in 2022 (2021: 466), the second most common type after racist attacks. Another survey from the LGTBI+ State Federation showed that 8,6% of LGBTI+ people have suffered aggression in the last five years. NGOs continued the awareness-raising campaign to ‘Stop the Hate’.
Coruña’s Observatory against LGBTI-phobia published its fifth annual report, finding a 17% decrease in cases in 2022 compared to 2021. The Observatory against Homophobia of Catalonia also documented fewer anti-LGBTI hate crimes in the same period, but those were more violent than before.
It also found a significant increase this year, 18% in the first half of 2023. Barcelona announced that it would provide free legal advice to victims of anti-LGBTI+ violence. The Non- Discrimination Office of Valencia is putting in place a hate crime documentation system.
Countless hate crimes took place again this year, all across Spain (see here, here, here, here, here, here, here, here, here, here, here, and here), including cases of family violence where parents mistreated their children for their SOGI. A trans woman was murdered in Barcelona in February.
A memorial for a popular trans icon was yet again vandalised in May in Madrid and rainbow flags were torn down again.
Several perpetrators of anti-LGBT hate crimes, including murder and sexual violence, were convicted this year (see here, here, here, here, here and here).
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Citing procedural reasons, in January Madrid’s government closed the second case against Elena Lorenzo for running her ‘Road to Heterosexuality’ course, i.e. a form of so-called ‘conversion practice’.
The LGBTI law, which includes a ban on so-called ‘conversion practices’ and non-consensual surgeries performed on intersex children under the age of 12, was adopted in February.
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A 12-year-old trans boy committed suicide in Barcelona in February due to transphobic bullying in school. A 15-year-old trans girl committed suicide in Mallorca in June, in what could have been the consequence of transphobic bullying in school.
COGAM’s study found that 35% of students in Madrid have prejudices towards LGBTI classmates (2019: 15%). 7% of LGBT and 17% of trans students suffered insults. 42% of students would prefer if their partner was not bisexual.
Asturias amended its protocol against bullying to include sexual orientation and gender identity as protected grounds.
The new Family Law, adopted in March, does not include a ban on ‘parental veto’, which would have allowed parents to prevent their children from participating in school workshops that include content that goes against their beliefs or morals.
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FELGTBI+’s study found that only one in ten LGBTI+ people were out to their superiors at work. 75% of LGBTI+ people believe they have less professional opportunities, according to a large study by a national trade union.
An employee was fired for subjecting a colleague to homophobic harassment.
A gay farmer went on hunger strike and walked over 100km for a meeting with the region’s Minister of Agriculture after he was denied using the public pastures in his village and was targeted by homophobic slurs.
The new LGTBI law sets out that companies with over 50 workers will have to have LGTBI equality plans within a year.
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FELGTBI+’s study found that more than half of respondents hid their identity from their family. The Basque Youth Observatory found that 14% of LGBT youth (15-29) felt discriminated against on the basis of SOGI. 70% of LGBTI+ people and 82% of trans people in Palma have been discriminated against.
Valencia adopted its first Municipal Plan for Sexual and Gender Diversity (2023-2027), which among other things, envisions gender-neutral bathrooms and changing rooms. Castilla-La Mancha introduced the Comprehensive Care Service for LGTBI people in March.
In July, the Canary Islands agreed to set up a Consultative Committee for Social Equality and Non-Discrimination based on gender identity, gender expression and sex characteristics, to implement the regional LGBTI law adopted in 2021.
In November, Madrid proposed regional amendments to curtail the rights of its LGBTI population especially trans people, including allowing conversion practices for trans people.
30 organisations organised a protest that gathered 15,000 participants, according to organisers.
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The LGTBI law, adopted in February, allows same-gender female couples to both be automatically recognised as parents, without having to be married and go through adoption.
The new Family Law, adopted in March, recognises and protects diverse family forms.
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An estimated record number of 1.5 million people (2022: 600,000) joined this year’s Madrid Pride demonstration, which took place a few weeks before the general elections and with the motto ‘For our rights, for our lives: with Pride’.
Thousands joined Madrid’s Critical Pride in late June to speak up against the far-right.
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Legal rows over the display of rainbow flags continued this year. Vox council members requested that the flags be removed from public buildings in several regions (see here, here, here, here, and here). The Superior Court of Justice of Castilla y León ruled the flag should not be removed from the regional parliament’s building or the city council of Valladolid. Madrid’s Superior Court of Justice ruled against the flag.
Vox and ultra-conservative religious groups continued to wage a cultural war on LGBTI+-themed works, including plays, books, exhibitions and films (see here and here).
In A Coruña, ruled by the left party PSOE, the city council has not flown the rainbow flag in the last four years, despite this being requested every year by LGTBI+ organisations.
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Spain introduced period- and abortion-related sick leave.
Vox re-stated its stance against minors’ access to trans- specific healthcare. Madrid announced it would require an expert opinion from a psychologist before providing hormones to trans minors 16 and over.
The Balearic Islands adopted Spain’s first healthcare protocol for intersex people. The newly elected regional conservative government has not established a timeline for its implementation.
The HIV Unit of the Hospital Clínic of Barcelona spoke about the vulnerability of trans migrants and sex workers to HIV. According to the Clinic, 87% of the trans population with HIV that the Clínic serves are Latin American women and 88% are sex workers.
Reporting shared that the University of Navarra Clinic (Opus Dei) classifies ‘transsexuality’ and ‘homosexuality’ as “disorder” or “deviation.”
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In February, the Senate adopted the federal gender recognition law (the LGTBI law) which was given voted for in the Lower House in December 2022. UN High Commissioner for Human Rights and other UN experts, and the Commissioner for Human Rights of the Council of Europe praised the progressive legislation. The law, which entered into force on 1 March, sets out self-determination for those 16 or over, parental consent for those 14-15, and court authorisation for those aged 12-13. All applicants will however have to register their application, wait for up to three months, and then re-affirm their desire for LGR.
LGR will be accessible for asylum seekers and residents who come from countries where LGR is not available.
Non-binary recognition is not included. Nevertheless, the Superior Court of Justice of Andalusia ruled in May that the gender identity of a non-binary person, Andrea Speck, must be recognised in the European Citizenship Register of the Ministry of the Interior. Speck has German nationality and has had ‘divers’ as a gender marker in their German documents since 2019. Civil society welcomed the law, but are concerned about the remaining gaps for minors and non-binary people.
The media shared stories of the first trans people to change their legal gender on the basis of the new trans law.
Vox maintained its position against the trans law submitting an appeal to the Constitutional Court in May, claiming that the law was an “assault by gender ideology” that harmed minors (see more under Equality and Non-discrimination). The PP announced in April that they would do the same, presenting their appeal in June.
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In June, trans activist Sandra Rodríguez Salas resigned as PSOE councillor in Granada due to “latent transphobia” in the party. Carla Antonelli, who left PSOE for Más Madrid, became the first trans senator in July. Municipal candidate Pilar Lima in Valencia was targeted by ableist and lesbophobic speech. A gay candidate in the municipal elections, Óscar Balcones, reported homophobic threats and hate messages.
Under Spain’s new Sports Law, discrimination against LGBTI people in sports is prohibited. In May, however, the Spanish Basketball Federation refused to allow a trans player to participate in the second league. Valencia hosted a running race, which featured a non-binary category for the first time. A goalie in the fourth football division came out with an affectionate kiss after a successful game. A famous flamenco singer also came out.
A production of the opera, Tosca in Seville received homophobic backlash for featuring a same-sex scene.
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Upon the request of Spain’s Ombudsperson, the authorities shared that as of April this year, 79 trans people were held in prisons, but did not clarify what determined which gendered facilities they were placed in. Since 2006, Penitentiary Institutions allow trans convicts to be accommodated in prison according to their gender.
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The new abortion law, which allows people over 16 to interrupt their pregnancy without parental permission, entered into force on 1 March. The law also establishes the right to abortion at state clinics and provides for free contraceptives and the morning-after pill at state clinics. UN High Commissioner for Human Rights, Volker Türk, praised the progressive law. A clinic specialising in supporting trans people with fertility care opened in Valencia.
The full Annual Review for 2024 is available here.