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SPAIN: NEW LAW ON THE RIGHTS OF LGBTQI PEOPLE AND THE ERADICATION OF LGBTQI-PHOBIA

People celebrating LGBTQI rights in front of the Sagrada Familia.
New law on LGBTQI rights in Spain

I am very glad and proud to be able to say that I have many clients that form part of the LGBTQI community and I am very happy to say that Spain is doing a wonderful job of being one of the if not the most LGBTQI friendly country in the world.

New law on LGBTQI rights in Spain - Catalonia has written the legal protection of LGBTQI people into law.


The Official State Gazette (BOE) in Spain has just published Law 13/2025 of 29 December on the rights of LGBTI people and the eradication of LGBTI-phobia (Autonomous Community of Catalonia), from which I would like to highlight:

"Article 3. Scope of application.

1. This law applies:
a) In all areas, both public and private, over which the Government of Catalonia and local authorities have jurisdiction.
b) To any person, whether a natural or legal person, governed by public or private law, regardless of their administrative or personal status, without prejudice to the provisions of legislation on immigration, applicable international treaties and other legislation in force.
2. The measures established by this Act to guarantee and give effect to the rights of LGBTI persons apply to:
a) All stages of life and all circumstances arising therein, such as changes in marital status, starting a family, health conditions, disability, administrative status, migration processes, deprivation of liberty or death.
b) All areas of social life.
c) Entities, associations, platforms or groups that defend the rights of LGBTI people.
(…)

Article 10. Administrative treatment of gender identity.

1. Public administrations, within the scope of their powers, must adopt the necessary administrative measures to ensure that individuals are treated in accordance with their expressed gender identity and that their dignity and privacy are respected, even if the registered reference to sex and, where applicable, their name has not been amended in official documentation.
2. Public authorities must include the options ‘male’, ‘female’ and ‘non-binary’ in the relevant forms, administrative documents and information systems, provided that the collection of this data is essential for the purpose of the procedure, as well as mechanisms to ensure that all persons, including minors, are treated in accordance with their stated name and gender identity, without being required to provide a medical or psychological report to prove it.
3. In cases where it is necessary to record or publicly display the details contained in an official identity document and these do not correspond to the person’s declared gender identity, public authorities must identify them using their first name and surname, and four random numerical digits corresponding to the national identity card, foreigner’s identity number, passport or equivalent document. If the publication refers to several affected persons, these random numbers must be alternated, in accordance with the regulations on the protection of personal data.
(…)

Fifth Final Provision. Entry into force.
This Act shall enter into force twenty days after its publication in the ‘Diari Oficial de la Generalitat de Catalunya’.
I therefore order that all citizens to whom this Law applies shall cooperate in its observance and that the courts and competent authorities shall ensure its enforcement."

After seeing this new law on LGBTQI rights in Spain, I hope to see many more such amazing legislation coming into force!


If you are interested in Spanish immigration or have any questions or doubts, get in touch!

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