Article 50 of Law 4/2023, recognizes the right of trans foreign nationals—who can prove that it’s legally or practically impossible for them to obtain the necessary legal gender recognition in their country of origin—to update their documents in Spain. Nevertheless, when Valeria tried to reclaim this right, she hit a wall. But one year and a complicated legal battle later, she will finally be able to change her documents to reflect her identity. Valeria was lucky enough to be accompanied by Saúl Castro, a lawyer specializing in anti-discrimination law, who often works on cases regarding the legal rights of LGBTQIA+ people and combating LGBTIphobia.
© Victoria Stampfer — Sphera Network
MADRID, 5th AUGUST 2026
I didn’t want to study law; I wanted to study Art History. So, completely unrelated. But my parents told me that if I liked history, I could study it later, however as they were the ones paying, I wasn’t going to do something with no job prospects. So I enrolled in Law and Political Science.
When I started university I hadn’t come out yet. It was during my studies that I began to identify as a gay man. After contacting an organization called Centro Guernica G37, with which I still collaborate, I learned about strategic litigation (ed. Legal action seeking to bring about social change with an impact beyond the individual case.).
As I came out I realized that legal mechanisms could be used to ensure the greater enjoyment of LGBTQ+ rights and to fight against impunity for violence against LGBTQ+ people.
Back then, I discovered that there wasn’t a single group of lawyers in Spain specializing in anti-discrimination rights, so I said, “I’m going to get involved.”
First, I made myself available to organizations within the LGBTQ+ community, and then I started my own independent projects, such as “It’s Not Therapy.” It was a very natural process.
One of our latest achievements is the court ruling that recognized the right of a trans migrant woman, Valeria, to update her documentation in Spain to reflect her gender identity. We began by sending letters to the National Police requesting these changes. But the police absolutely refused to apply the law. So, instead of sitting idly by or doing what other organizations do—making a fuss and generating media headlines—we took action, legal action. We appealed to the administrative court, and the judge recognized that trans people, regardless of their immigration status, have a fundamental and human right to have their identity recognized in their documents.
Shortly after the ruling, the Minister of the Interior himself announced that an instruction would be approved to guarantee that this right could be exercised. The instruction was published on Tuesday 14th July, and it cites our ruling as a reference.
Another case that has given me great satisfaction was one we won in May of this year in the labor courts of Zaragoza (in North-East Spain, ed.). There, the public health service of the autonomous community denied gender affirmation surgery to a 16-year-old boy and then refused to reimburse the costs once he had to undergo the procedure privately. We fought the case, and the labor court recognized that the denial had been illegal and that, therefore, the public health system was obligated to reimburse the cost of the operation.
This was the first ruling to ever recognize this, because transgender minors do have the right to these treatments and cannot be excluded because of their age.
This June, we also enjoyed anther victory: the Spanish Congress of Deputies approved the proposal we presented as No Es Terapia (It’s Not Therapy), to reform the Penal Code to punish so-called “conversion therapies.” This was the result of a lot of work, we spent six years investigating and documenting these practices and supporting dozens of victims. Until now, administrative sanctions could be imposed, but in reality, they weren’t being enforced. With this initiative, which has just begun its parliamentary process, we want our country to follow other countries like Portugal, France, Germany, and Malta, which criminalize these practices and guarantee rights for their victims.
I know that if the next government is far right or has the support of the far right, all these victories could be jeopardized again. But despite the current context and the rise in hate speech, I believe we have a legal system that provides safeguards which if properly implemented, and with the support of specialized lawyers, can protect victims. We mustn’t succumb to defeatism.
— SAUL
This interview was taken by Patricia Reguero Ríos, a journalist at
our Spanish partner, El Salto.
Toolkit:
🛠️ Resources to help you take action:
🇬🇧 Galop supports LGBT+ people who are victims of domestic abuse, sexual violence, hate crime, conversion therapies, honour-based abuse, forced marriage, and other forms of abuse. They also run an abuse and violence helpline.
🇫🇷 Collectif Familles works to connect, and support the rights of, LGBTQIA+ families in France. – SOS Homophobie propose du soutien juridique.
🇪🇸 No es terapia is the association created by Saul Castro to investigate conversion therapies in Spain. – The G37 Centre works with victims and their communities to secure accountability for human rights violations they have suffered.
🇮🇹 Since 2007, the Lenford Network has been fighting discrimination on the grounds of sexual orientation and gender identity through prevention, legal protection and advocacy. – The GayLex association offers advice and support to defend the rights of lesbian, gay, bisexual and transgender people.
Our picks
A film, a stand-up comedy and an exhibition to explore the topic further:
This account immediately reminded me of Gus Van Sant’s film, Milk, which recounts the last eight years of the life of the man who was the first openly gay member of the US Congress, who worked tirelessly for the recognition of LGBT rights in the country. It’s been a long time since I last saw it, but I thought it was brilliant at the time!
— Recommended by Marine, editorial director
Two weeks ago in London I went to see a really fascinating exhibition called Queer as Comics at the Quentin Blake Centre for Illustration, which explored the emancipation and struggles of queer cultures through zines and indie comics. The exhibition, which traces this entire struggle from the 1940s to the present day, concludes by looking at the role of these artisanal formats in the age of the internet and social media – formats which, despite everything, remain a preferred medium for continuing these struggles.
— Recommended by Owen, journalist
In his show “Mérou” (Grouper in English), Lou Trotignon tackles trans identity in an informative way and, above all, with a great deal of humour. Through his coming out and his personal reflections, and adopting a queer perspective, Lou Trotignon explores identity and social norms. By highlighting societal expectations, he also shows how to subvert them to discover who we truly are deep down, regardless of our gender. A true ode to self-love, full of sensitivity and, of course, laughter.
— Recommended by Amélie, head of communications
