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:
- Legal gender recognition includes a nonbinary or third gender option
- Constitution which expressly mentions sexual orientation, gender identity and sex characteristics (SOGISC)
- Ensure that trans and non-binary migrants, refugees, and asylum seekers, regardless of administrative status, have equal access to legal gender recognition procedures and protection from hate speech and discrimination, including through the development of mechanisms to recognise gender identity and the effective implementation of intersectional policies.
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 2025.
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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In January, the promoters of a self-appointed Moroccan nightclub in Torremolinos (Málaga) published admission rules on social media that explicitly excluded LGBTI people. The Torremolinos City Council confirmed that the venue had no commercial licence and announced a complaint to the National Police for a hate crime. Subsequently, the Junta de Andalucía formally initiated proceedings to open a sanctioning file, while the Ministry of Equality confirmed that the conduct would be considered a serious infraction under equality and non-discrimination legislation and could result in fines ranging from €6,001 to €60,000. The organisers of the event were consequently arrested by the National Police.
In June, a subcommittee at the Low Chamber (Congreso de los Diputados) was set up to develop a State Pact against hate speech towards vulnerable groups.
Albert Puig, a councilor from the party Aliança Catalana, made offensive remarks about the LGBTI community, referring to gay men as “the biggest cancer Catalonia has”. His comments were made just before the IDAHOBIT and followed a message from the Generalitat’s Council of Equality and Feminisms inviting people to celebrate Pride.
In July, the Barcelona Court acquitted a man accused of a hate crime for directing homophobic insults at a young man during the 2019 LGBTI Pride march in Barcelona. While the court condemned the insults and humiliation, it ruled that the comments did not meet the severity required to constitute a crime under the Penal Code. Barcelona’s Prosecutor Office has issued an appeal against the ruling.
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In March, the Sumar Movement, Spain’s left-wing political platform led by Deputy Prime Minister Yolanda Díaz, announced plans to register a proposal in Congress urging the government to expand training for immigration personnel to better identify discriminatory legislation against LGBTI people.
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Throughout 2025, Spanish courts issued several convictions for homophobic abuse and harassment. In February and March, courts in Lugo, Madrid and Cáceres sentenced individuals to prison terms and fines for directing homophobic insults and degrading treatment at victims in public spaces. In one ruling, the Supreme Court confirmed that repeated homophobic insults constitute an attack on moral integrity based on sexual orientation under the Criminal Code.
In March, the Córdoba Prosecutor’s Office referred a complaint to Madrid concerning the campaign “Women are born or made”, promoted by the Catholic Association of Propagandists, following allegations of hate crimes and violations of the rights of trans people. The case remained under examination by the end of 2025.
In May, a court in Granada ruled in favour of trans activists Juani Bermejo and Néstor Román, finding that a media outlet had violated their right to honour by mocking and misgendering them in coverage linked to debate around the LGBTI Law.
In June, political controversy arose after Vox spokesperson Antonio Ortolá publicly questioned the prohibition of so-called conversion practices, prompting criticism from civil society for echoing narratives associated with such practices. That same month, transphobic remarks by former minister José Luis Ábalos sparked public condemnation, including from Daniela Requena of the Socialist Workers’ Party (PSOE).
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Courts and law enforcement authorities addressed multiple cases of anti-LGBTI violence during 2025. In January, the Provincial Court of A Coruña sentenced the main perpetrator in the 2021 murder of Samuel Luiz to 24 years’ imprisonment for aggravated murder motivated by discrimination based on sexual orientation; the Spanish Supreme Court confirmed the outcome in December, bringing the proceedings to an end.
Several other cases involved assaults and harassment in public spaces. In Barcelona, a drag venue owner was repeatedly assaulted and a restraining order was issued against the alleged perpetrator. Courts in Bizkaia and Valladolid issued convictions in cases involving assaults against gay men, though in some proceedings hate motivation was upheld and in others it was not. In Andalusia, the High Court of Justice partially overturned a lower court ruling connected to an assault during the Seville Fair, reducing some convictions and acquitting several defendants.
Authorities also investigated and prosecuted incidents involving both homophobic and transphobic violence. These included the arrest of a man accused of attacking two people in the Madrid metro because of their sexual orientation; the conviction of four minors for sustained harassment and abuse of a trans boy in the Vall d’Albaida region; and arrests in Barcelona following a transphobic assault filmed by assailants. Trials were scheduled in several additional cases involving alleged hate crimes, including the burning of an LGBTI flag in Pamplona and a homophobic assault in Port de Sagunt.
A separate murder case in Bilbao involving a victim met through a dating app resulted in a conviction and a lengthy prison sentence, and authorities examined whether the perpetrator may be linked to a wider pattern of violent crimes targeting gay men living alone.
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In January, the Governmentof Navarre’s Department of Education approved a new Coeducation Plan aimed at preventing sexist violence and promoting equality in schools. The Plan defines coeducation as fostering equal opportunities and explicitly rejects sexist, homophobic, biphobic, and transphobic stereotypes within the education system.
In March, the Vox party presented a non-binding parliamentary initiative calling for the creation of a new criminal offence targeting what it described as the “inclusion of gender ideology in the classroom.” The proposal framed such content as harmful to minors and sought parental authorisation requirements for educational activities addressing sexuality or moral and religious issues.
In March, the Federation of Evangelical Religious Entities of Spain (FEREDE) published a report criticising regional education protocols that allow social transition measures for trans pupils without parental consent. FEREDE argued that practices such as recognising a student’s chosen name or gender identity in schools undermine parental authority and religious freedom.
In April, concerns resurfaced regarding a teacher in Alaquàs accused of subjecting students to conversion practices. Despite earlier assurances that he had been reassigned, testimonies indicated his continued presence at the school, prompting calls for full suspension. The case, which began in 2024, was referred to the Prosecutor’s Office, and in September the teacher was formally suspended from his position.
In June, the High Court of Justice of Navarre ruled against the implementation of the SKOLAE programme, declaring it unlawful. SKOLAE is a regional equality education programme that includes content on gender equality, diversity, and sexual orientation and gender identity, and is implemented across different educational stages. The programme had previously received international recognition, including the UNESCO Award for Education of Girls and Women in 2019.
In September, FELGTBI+ published a report on experiences of LGBTI students in secondary education, which found that more than half of LGBTI respondents had experienced hate or discrimination at school. The findings were later cited by the organisation in October in the context of calls for measures to address hate speech, misinformation, and bullying affecting young people.
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In January, the Labor Inspectorate of Catalonia sanctioned the delivery app Glovo with a fine of €30,000 for asking job applicants about their gender identity and possible disabilities during recruitment processes. According to the Inspectorate, the practice constitutes a very serious violation under the LISOS (Law on Social Infractions and Sanctions), as it invades candidates’ privacy and infringes on their fundamental rights. Although Glovo indicated the survey was voluntary, anonymous, and unrelated to hiring decisions, the Inspectorate ruled that the mere act of asking placed applicants in a position of pressure and therefore violated their rights.
In May, the Social Court No. 5 of Málaga ruled that the termination of an employment contract constituted discrimination based on sexual orientation. The case stemmed from an incident in April 2024 in which the worker received a payslip containing an offensive reference to his sexual orientation, which the court found had been deliberately inserted by the company’s direct manager. Shortly after this incident, the worker’s employment was terminated. The court found that the dismissal amounted to a violation of the worker’s fundamental rights. The company and the manager were ordered to pay €10,000 in moral damages, as well as €3,759.94 in compensation related to the termination of the contract.
In July, Podemos party General Secretary Ione Belarra, Political Secretary and MEP Irene Montero, together with LGBTI Secretary and President of the Trans Platform Mar Cambrollé, registered a non-legislative motion in the Congress of Deputies. The initiative calls for the creation of a job quota for trans people in civil service examinations. The aim is for the Public Administration to reserve positions in order to address structural discrimination and ensure fair access to public employment.
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In late January, the Vox parliamentary group in Murcia submitted a motion calling for the repeal of the region’s 2016 LGBTI Equality Law, which provides protection against discrimination based on sexual orientation and gender identity. Vox justified the proposal by attacking so-called “gender ideology,” linking it to education, healthcare for minors, and women’s rights.
In February, the People’s Party (PP) announced plans to amend Law 4/2023 on trans and LGBTI equality and Law 39/2022 on Sport. The party stated that the reform aims to regulate access to women’s sports competitions on the basis of sex, a proposal criticised by civil society for excluding trans athletes and undermining non-discrimination protections.
In February, the Parliament of Catalonia advanced amendments to Law 11/2014 on LGBTI equality, aimed at strengthening protections. The reform updates the sanctioning regime, classifying conversion practices and online incitement to discrimination as very serious infractions.
In late February, Vox introduced initiatives to repeal equality and non-discrimination laws in six autonomous communities: Madrid, Andalucía, Castilla-La Mancha, Extremadura, La Rioja, and Murcia. In March, the Canary Islands Parliament unanimously rejected one such proposal.
In April, the Sumar platform introduced a bill in Congress to recognise and protect the rights of intersex and non-binary people. The proposal includes a legal definition of non-binary identity, adaptation of official documents, data collection, and reparations for intersex people subjected to non-consensual medical interventions.
In April, the Spanish government appointed the state prosecutor, María Teresa Verdugo, as president of the Independent Authority for Equal Treatment and Non-Discrimination after a two-year delay. Her mandate started in June.
In May, LGBTI organisations in the Canary Islands denounced an internal education directive ordering the removal of the non-binary gender marker from administrative forms. Following public criticism, the regional government acknowledged the measure as an error, announced its correction, and opened dialogue with civil society.
In June, the Asturian government announced that a long-awaited regional LGBTI law would be introduced during the legislature. However, despite repeated assurances, the law had not been approved or adopted by the end of 2025.
In July, the Compromís coalition requested that the Ombudsman file an appeal before the Constitutional Court against amendments to the Valencian Trans Law introduced by the PP and Vox. Compromís argued that the reforms dismantled core protections for trans people. By the end of the year, the appeal remained pending before the Court.
In December, the Parliament of Catalonia passed a law against LGBTI-phobia (Law 13/2025) that updates the regulations in force since 2014, expands the areas of protection, adds offenses, and defines a new range of penalties ranging from €300 to €500,000. This regulation, which will come into force in 2026, not only intensifies the penalty system, but also requires companies with more than 50 employees to have a specific protocol in place and includes mandatory LGBTI clauses in public procurement, among other aspects.
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In June, a lesbian couple pursued a claim for patrimonial responsibility after a Civil Registry official refused to register their child because the couple were not married. Although an administrative complaint was filed, the Galician authorities classified the official’s conduct as a minor infraction and closed the case. The couple subsequently sought compensation from the Ministry of Justice, but by the end of 2025 no final decision had been issued.
In July, the Ministry of Justice approved an instruction clarifying that lesbian couples may register their newborn children in hospitals regardless of marital status. The measure aims to resolve inconsistent practices following the 2023 LGBTI law and will be published in the Official State Gazette.
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In May, the mayor of Alcorcón, Candelaria Testa, announced that the courts had dismissed two lawsuits filed by Vox and the Christian Lawyers association against the City Council over a storytelling activity led by drag queens. The event, held in June 2024 at the Los Pinos Cultural Center, was part of the municipality’s Pride celebrations and aimed at children aged 3 to 11.
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In March, the Court of Instruction No. 4 of Gijón opened preliminary proceedings against two members of the feminist collective AMA Asturias, over their role in organising the “Santina Queer” procession, which featured a doll of the Virgin of Covadonga with a trans symbol as a halo and carried on a platform draped in the rainbow flag. The case followed a complaint by the Spanish Foundation of Christian Lawyers, which alleged that the act constituted an offence of discrimination. In April, Judge Ana López Pandiella rejected the appeal presented by the Prosecutor’s Office to close the case and with it, decided to go ahead with the proceedings.
In June, the High Court of Justice of Madrid (TSJM) annulled a 2022 ruling that had forced the temporary removal of LGBTI flags from the municipal groups’ building on Calle Mayor, following a lawsuit by the Vox party. The TSJM has now overturned that decision, rejecting Vox’s appeal as it was filed after the legal deadline.
In July, the Supreme Court upheld the legality of displaying the LGBTI flag on the balcony of Valladolid City Council on June 28, 2020, during the tenure of socialist mayor Óscar Puente. The ruling definitively rejects the appeal filed by the Christian Lawyers Association, which had already been dismissed by both the Contentious-Administrative Court No. 3 of Valladolid and the High Court of Justice of Castilla y León.
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In March, the Administrative Litigation Chamber of the High Court of Justice of Asturias (TSJA) rejected the lawsuit of a trans woman who had sought the completion of her gender reassignment surgery and €1 million in damages. The plaintiff argued that the Asturian Health Service (SESPA) had provided inadequate care since her transition process began in 1992, leading to ongoing health problems including severe discomfort, dizziness, nausea, urethral complications, and chronic groin pain.
In May, the Galician Observatory against Discrimination based on Sexual Orientation and Gender Identity approved a new Primary Care health protocol for trans people, developed by the regional Ministry of Health with input from the Directorate-General for Equality Promotion. The protocol, drafted by a Primary Care working group, sets out guidelines to strengthen healthcare provision for trans people. In July, the Official Journal of Castilla-La Mancha published a resolution from the Management Directorate of Sescam establishing the Health Care Unit for Trans and Intersex People. The resolution provides a formal regulatory framework and legal backing for the unit, detailing its benefits, scope, access, and protocols. According to the regional government, this will help normalise and improve the quality of care provided.
In July, the Plenary of the Interterritorial Council of the National Health System (CISNS) approved an update to the catalogue of procedures and pathologies requiring specialised care in Reference Centres, Services and Units (CSUR). For the first time, this catalogue now explicitly includes healthcare for trans people and those with diverse sexual development, recognising the need for a “comprehensive health response, expert and respectful of gender diversity.” The update, agreed between the Ministry of Health and Spain’s autonomous communities, establishes three CSURs dedicated to the care of trans people and those with diverse sexual development. FELGTBI+ had reported several inequalities between regions within Spain and demanded coherent protocols and the implementation of the national LGBTI law, which guarantees equal access to health care.
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In January, the Association against Conversion Therapies filed a complaint with the Ministry of Equality against seven Catholic dioceses and affiliated entities over the programme “Transformados”, alleging the promotion of practices aimed at changing sexual orientation in violation of Law 4/2023 on LGBTI equality. The Minister of Equality subsequently met with the Spanish Episcopal Conference amid ongoing scrutiny of alleged conversion practices linked to diocesan structures.
Throughout the year, legislative initiatives were introduced to criminalise so-called conversion therapies, which are currently prohibited under administrative law. In February, the Ministry of Equality announced it was studying a reform of the Penal Code, and a proposal was registered in Congress seeking to establish criminal penalties for practices intended to modify or suppress a person’s sexual orientation or gender identity. In June, a bill introduced by the Socialist Party began parliamentary processing.
At the same time, political divisions persisted. A proposal in the Madrid Assembly to urge criminalisation was rejected, while local motions in the Valencian Community opposing conversion practices failed after votes by the Popular Party and Vox.
Individual cases also emerged. In February, a young man from Valencia filed a formal complaint against an association accused of subjecting youths to conversion practices. The Provincial Prosecutor’s Office of Valencia opened an investigation into alleged practices linked to diocesan schools but later dismissed the complaint, referring the matter to education authorities for possible administrative review. Further complaints were announced by opposition parties by the end of the year.
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In September, FELGTBI+ published, in collaboration with the University of Salamanca, the first research about exodus from birthplace on the basis of SOGIESC. The report highlights that 13% of the LGBTI population have changed residence, while 21.5% have considered doing so.
In October, FELGTBI+ released research on hate speech on X (formerly Twitter), linking it to a rise in violence against LGBTI people in public spaces.
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In April, the PSOE introduced a proposal in Congress calling for a formal condemnation of hate speech by international leaders such as Argentina’s President Javier Milei and former US President Donald Trump against the LGBTI community. The initiative urges the Spanish government to take a leading role within the EU and the United Nations in promoting a global effort to combat the criminalisation of LGBTI people.
In June, the Foreign Office issued Spain’s Foreign Action Strategy 2025-2028, which underpins diversity as a core value of its foreign policy, stressing areas such as labour relations or development cooperation. Spain is also committed to the decriminalisation of same-sex relations, which is the main goal of the Equal Rights Coalition, co-chaired by Spain and Colombia in 2025 and 2026.
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In February, the association Arcópoli criticised the Madrid regional government’s decision to eliminate specific subsidies for LGBTI initiatives and instead include them in the broader personal income tax funding pool. As a result, funding for Arcópoli’s Observatory, created in 2016 to monitor and make hate crimes visible, was cut from its longstanding €40,000 annual subsidy to €28,000.
In February, the Government of Castilla-La Mancha announced the creation of a new €107,000 funding line to support organisations working on equality, sexual orientation, and anti-discrimination initiatives.
In March, Spain’s Ministry of Equality finalised the State Strategy for Equal Treatment and Non-Discrimination of LGBTI People, sending the draft to all Autonomous Communities for consultation. The strategy, mandated by the 2023 LGBTI law (Law 4/2023), outlines a four-year roadmap with measures aimed at advancing and safeguarding LGBTI rights. Structured around three main axes
- addressing LGBTI-phobic violence, promoting diversity and preventing discrimination, and strengthening support, protection, and memory
- it seeks to translate the law’s commitments into concrete In July, the Council of Ministers approved the Strategy as well as the country’s first State Strategy for the Social Inclusion of Trans People. The State Strategy for the Social Inclusion of Trans People, Spain’s first strategic framework dedicated specifically to trans communities, was designed to fulfil the constitutional obligation to remove barriers preventing full equality, will operate on a four-year cycle, and quill serve as the main instrument for coordinating and implementing the policies foreseen under Law 4/2023.
In June, the regional parliament of Castilla y León approved a bill introduced by the Socialist Group to provide the region with its first LGBTI law. The measure was able to advance thanks to the abstention of the Popular Party (PP), which allowed the bill to pass despite the votes against Vox and two former deputies expelled from the far-right party. Until now, Castilla y León, as well as Asturias, had been the only autonomous community in Spain without a dedicated LGBTI law and without an observatory to monitor hate crimes and discriminatory acts against LGBTI people.
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In April, the Constitutional Court began deliberations on the Popular Party’s appeal against key provisions of Spain’s Trans Law, which recognises gender self-determination and prohibits conversion therapies. The law allows minors aged 12 to 16 to rectify the sex marker in the Civil Registry with the support of a legal representative, a provision challenged by both the PP and Vox. The draft ruling prepared by magistrate Juan Carlos Campo supported nearly all aspects of the law and sought to affirm constitutional protection for self-determination from the age of 16 without medical requirements. However, provisions concerning minors caused divisions within the Court, leading the Court president to postpone a vote in late April. In early May, the first round of deliberations was closed without a decision, leaving the case pending.
In May, the Valencian regional government, led by the PP and Vox, rolled back protections in the Trans Law. Schools are no longer required to explicitly address gender identity, expression, or family diversity, and restrictions on conversion practices were softened, with only coercive forms remaining prohibited. In July, Compromís announced it would challenge the reforms before the Constitutional Court, arguing that they undermine fundamental rights. In September, the Court admitted the appeal for consideration.
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In April, the Constitutional Court upheld the appeal of unconstitutionality filed by Prime Minister Pedro Sánchez against the reform introduced in 2023 by Madrid’s current governor Isabel Díaz Ayuso to Madrid’s law against LGBTI-phobia. The reform aimed to limit the role of LGBTI associations, human rights organisations, and other entities as “interested parties” in administrative procedures seeking protection against discrimination. While the original law allowed such organisations to intervene in defence of collective rights and, with consent, represent individual victims, Ayuso’s reform excluded this possibility in both criminal and administrative sanctioning proceedings. The Court ruled that the measure was unconstitutional, declaring it null and void on the grounds that it infringed on the State’s exclusive competences over procedural legislation.
In May, the Socialist Party of the Valencian Community called for disciplinary proceedings against an advisor to the Presidency of the Valencian parliament following the expulsion of LGBTI organisations from a plenary session. The removal occurred during a control session after representatives chanted in support of the Trans Law. Vox, which holds the presidency of Les Corts, publicly opposed any disciplinary action.
In June, the Official State Gazette published an order from the Ministry of Culture amending the rules for film cost recognition and state aid to cinema, introducing new measures to promote the “real and effective” equality of trans people. The reform stipulates that all state production aid will award additional points when trans people are part of the project team in the positions specified by the calls.
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According to an opinion poll conducted by the Spanish Center for Sociological Research (CIS in Spanish) at the behest of FELGTBI+ on the 20th anniversary of equal marriage legislation, 87.3% of respondents agreed that this milestone marked a first step towards achieving broader rights for the LGBTI community.
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In March, a Barcelona court acquitted an LGBTI activist who faced a two-year prison sentence for allegedly assaulting a police officer during a protest that ensued in front of a bookstore promoting a transphobic publication. The court considered that the identification did not offer sufficient reliability and could not be deduced that it was the accused who assaulted the police officer involved in the altercation.
In March, the Provincial Court of Alicante began proceedings against two local police officers accused of humiliating and insulting a trans woman because of her gender identity while on duty in a patrol car. The Prosecutor’s Office has requested prison sentences of two years and two months for each officer on charges of a hate crime. The incident took place in May 2020, when one officer directed degrading remarks at the woman, including mocking her appearance and making offensive comments about sex work.
In July, the NGO Irídia filed an indictment before the Provincial Court of Barcelona against two plainclothes Mossos d’Esquadra officers for what it describes as a “serious homophobic assault” in the Raval district in December 2020. The organisation accuses the officers of torture as well as injuries, all with the aggravating factor of discrimination based on sexual orientation, and is seeking penalties of up to six years in prison and 12 years of disqualification from public office. According to the victim’s account, the officers never identified themselves as police, but physically subdued him, seized his phone and attempted to take his backpack, leading him to believe he was being robbed. He reports being punched in the face, beaten with batons on his leg, and insulted with homophobic slurs. Nonetheless, in late July, the Prosecutor’s Office requested the shelving of the case, claiming that there are insufficient indications to substantiate the alleged crimes of injuries and torture.
The full Annual Review for 2026 is available here.