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Discrimination law and complaintsArticle 1 of 9 · 4 min read

What Spain's equal treatment law (Ley 15/2022) protects

Spain's equal treatment law protects anyone in Spain, Spanish or foreign, from discrimination in most areas of daily life. This page explains which grounds are covered, who must follow the rules, and the kinds of discrimination the law recognises.

Key rules

  • Who is covered: Anyone in Spain is protected, whether Spanish or foreign.
  • Open list: The list of grounds is open, so a ground that is not named can still be protected.
  • Language and income: Language and socio-economic status are expressly protected grounds.
  • Housing: Landlords and service providers must follow the rules, as must employers, schools and public bodies.
  • Private life: Purely private family or personal life is outside the law.

The short version

Spain has a general equal treatment law. It protects you from discrimination on a long list of grounds, in most areas of life, whether you are Spanish or foreign. It covers direct, indirect and multiple discrimination.

Which grounds are protected

The law bans discrimination based on:

  • birth
  • racial or ethnic origin
  • sex
  • religion, convictions or opinions
  • age
  • disability
  • sexual orientation or identity, gender expression and sexual characteristics
  • illness or health condition, including HIV status (serological status) and genetic predisposition to illness
  • language
  • socio-economic status
  • any other personal or social condition or circumstance

The list is open. The last item means a ground not named can still be protected. Language and socio-economic status are named, which matters if you are still learning Spanish or have a low income.

Where it applies

The law binds public bodies and private people and companies in Spain. Areas covered include:

  • jobs and working conditions, including self-employment, trade unions and employers' bodies
  • education
  • health care, social protection and social services
  • goods and services, including housing, so landlords are covered
  • advertising and media
  • culture and transport
  • courts and justice
  • political participation
  • public services and dealings with the administration
  • digital tools and artificial intelligence

Purely private family or personal life is outside the law.

Kinds of discrimination

  • Direct discrimination: you are treated worse than someone in a comparable situation because of a protected ground. Example: a landlord refuses to rent to you because of your origin.
  • Indirect discrimination: a rule that looks neutral puts people with a protected ground at a particular disadvantage. It is allowed only if it has a legitimate aim and the means are appropriate and necessary.
  • Multiple discrimination: two or more grounds act together, for example being a woman and a migrant. In some settings the law treats this as more serious.

The law also covers discrimination by association (you are treated badly because of someone close to you), discrimination by error (you are wrongly assumed to have a protected trait), harassment, retaliation for complaining, and orders to discriminate.

How it fits with other laws

The Constitution is the foundation. It guarantees equality before the law and bans discrimination. The equal treatment law builds on it as a general framework with minimum protection.

Laws for a specific field still apply and win where they protect more or are more specific. Sex discrimination is mainly governed by the law on equality of women and men, and the general law only fills gaps. Disability rules, employment rules and the Criminal Code also apply in their own fields.

What to do next

If you think you have been discriminated against, the quick answers below cover deadlines, lawyers, recordings and your immigration status.

Quick answers on reporting discrimination in Spain

How long do I have to file a discrimination complaint?

The deadline depends on the route you choose, and some are short. A civil claim for damages generally has one year, and the law pauses that period while a related procedure is running. Appeals against an administration decision have one month (reconsideration) or two months (court appeal). Criminal deadlines depend on how serious the offence is. Ask a lawyer for the exact date straight away.

Do I need a lawyer to report discrimination?

No, reports to the police, the prosecutor's office (Fiscalía), the labour inspectorate, the Defensor del Pueblo and consumer bodies need no lawyer. You do need a lawyer and a court representative (procurador) to act as private accuser in a criminal case, for most civil claims and for court appeals against the administration. Free legal aid (justicia gratuita) is available if your income is below the set limit, and foreign victims of gender violence, trafficking and terrorism can get it whatever their residence status.

Can I use a recording of my own conversation as evidence?

Yes, generally, if you took part in the conversation yourself. Courts accept such recordings, but the judge decides how much they weigh, and you may need to show the file is genuine, usually with the original file and a transcript. Never record conversations between other people, and do not publish the recording, as that can create separate liability.

Will reporting discrimination get me expelled if I have no papers?

Not automatically, but reporting does not give you complete protection. If you are a foreign victim of a hate crime, gender violence or trafficking, a sanction file for irregular stay is paused until the criminal case ends, and you can ask for a residence and work permit for exceptional circumstances. Police are told not to open an expulsion file just because a victim reports, yet the file may continue after the case and practice varies by station. Speak to a lawyer or an NGO before you report.

Need certainty before you act?

For important relocation decisions, speak with a qualified human specialist.

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For decisions that depend on your own circumstances, a qualified human professional should look at your case. Tell us what you need help with and we will reply by email.

Always verify important information with the relevant official authority or a qualified adviser before acting. This website uses large language models together with various public data sources, official government documents and other established sources. Due to the amount of data on this website, some information might be wrong. Information may also be incomplete or outdated.

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