Protection against LGBTphobic discrimination and conversion practices

Key rules

• Conversion practices: They are banned throughout Spain, even if the person agrees to them.
• Fines: Very serious infractions, including discrimination and conversion practices, carry fines of 10,001 to 150,000 euros.
• Who can report: Anyone in Spain can complain, whatever their nationality or residency status.
• Crimes: If the conduct is a crime, criminal proceedings take precedence over the administrative sanction.

What protects you

Discrimination because of sexual orientation, gender identity or gender expression is sanctioned across Spain. Conversion practices are banned. Both can be reported, and you do not need to be a citizen or resident to do so.

Conversion practices are banned

Conversion therapy, aversion methods or any technique meant to change, suppress or modify someone's sexual orientation, gender identity or expression are prohibited. The ban covers public and private settings. Consent does not make them legal.

They count as a very serious administrative infraction. Fines for that level run from 10,001 to 150,000 euros, and other sanctions can follow. Where conduct amounts to a crime, such as injuries, coercion or crimes against moral integrity, it can also be prosecuted in court. Criminal proceedings take precedence over the administrative sanction.

Penalties for discrimination

Infractions are graded as minor, serious or very serious. Fines are up to 2,000 euros for minor ones, 2,001 to 10,000 euros for serious ones and 10,001 to 150,000 euros for very serious ones. Discrimination and harassment can be very serious. Offenders can also lose public subsidies or be barred from public contracts. Regions have their own laws and scales, so the exact figures can differ where you live.

The criminal side is covered in the warning below. In short, committing any crime for LGBTphobic reasons makes the sentence heavier, and inciting hatred or violence against LGBT people is a crime in itself.

Where to complain

Pick the route that fits your case. You can use more than one.

• Police (Policía Nacional, Guardia Civil, regional or local police): they take your report and pass it to the court. You can go in person or use online police channels.
• Hate-crimes prosecutors: each provincial prosecutor's office has specialist prosecutors for hate crimes and discrimination.
• Labour inspectorate (Inspección de Trabajo y Seguridad Social): for discrimination at work.
• Regional LGTBI services: each autonomous community designates a body that handles administrative sanction procedures. Ask your regional government which one applies.
• Ombudsmen: the Defensor del Pueblo and regional ombudsmen.
• Courts: you can also file directly with a court, in person or in writing.

LGBT organisations such as FELGTBI+ give support and help you report. The body that handles racial or ethnic discrimination does not cover LGBT grounds, so do not use it for this.

Procedures differ by region and body. Keep any messages, emails, witness names and dates, and ask for a copy of your report.

The warning and FAQ below cover criminal penalties and common questions.

What to watch out for

• Hate crimes carry real prison terms: Inciting hatred, hostility, discrimination or violence against people for their sexual orientation or gender identity is punished with one to four years in prison and a fine. Penalties are higher when it happens online or in the media. If you are a target, keep screenshots, messages and witness names, then report to the police or a hate-crimes prosecutor (fiscal de delitos de odio) in your province.

• A crime motivated by LGBTphobia gets a heavier sentence: Any crime committed because of the victim's sexual orientation, identity or gender is treated as aggravated, which raises the sentence within the legal range. Tell the police and the court from the first report that you think the motive was LGBTphobic, so it is recorded.

• Discrimination at work or in public services can be criminal: Employment discrimination and discrimination in public services or professional activity are also covered by the Penal Code. Penalties can include disqualification. For workplace cases, contact the labour inspectorate (Inspección de Trabajo) or the police, and keep written proof of what happened.

Frequently asked questions

Is conversion therapy legal in Spain if the person agrees to it?

No, conversion practices are banned in Spain even when the person gives consent.

Can conversion practices also be prosecuted as a crime?

Yes, conduct can be prosecuted under existing offences such as injuries, coercion or crimes against moral integrity. The Penal Code has no specific conversion-therapy offence. If the acts are crimes, the criminal case takes precedence over the administrative sanction.

Can I report LGBTphobic discrimination if I am not a resident or citizen?

Yes, anyone in Spain can report, whatever their nationality or residency status. You can go in person to a police station or court, file in writing, or use online police channels. For workplace discrimination, the labour inspectorate (Inspección de Trabajo) also takes complaints.

What penalties can a business or employer face for LGBTphobic discrimination?

Very serious infractions can bring fines of 10,001 to 150,000 euros. They can also mean loss of subsidies or a ban on contracting with the public administration. Employment discrimination can also be a crime under the Penal Code.