Spain ratified both the 1951 Convention relating to the Status of Refugees and its 1967 Protocol in 1978. Spain is also party to the 1954 Convention relating to the Status of Stateless Persons since 1997, and in September 2018 Spain acceded to the 1961 Convention for the Reduction of Statelessness. The Spanish national framework on international protection is based on Article 13. of its Constitution of 1978, which recognizes the right to asylum. This constitutional provision is implemented through the 12/2009 Asylum Law. The asylum law foresees access to rights for asylum-seekers and refugees including education, health, work, and legal assistance. The 2009 Asylum Law does not transpose the full Common European Asylum System and lacks an implementing regulation, which results in obstacles to apply asylum legislation in full compliance with EU and international human rights standards.

The Ministry of Interior (MOI) is responsible for border management and for the asylum and statelessness procedures, whereas the Ministry of Inclusion, Social Security and Migration (MISSM) is responsible for the reception of asylum-seekers, refugees, and stateless people. Regional and local authorities have competence over key areas for integration and inclusion such as education, health, justice and social services, as well as for the reception and protection of unaccompanied children. Asylum-seekers, refugees and stateless persons have the right to access public services on the same conditions as nationals. However, in practice they face challenges in in accessing rights, in particular in relation to employment and housing.