Date of publication:

09/25/2026

Spain

Do domestic laws and policies provide access to asylum procedures for people seeking asylum?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

Following the provisions of Regulation (EU) 2024/1348 establishing a common procedure for international protection in the European Union and repealing Directive 2013/32/EU (Procedures Regulation), Recitals 27-35 and articles 26-33, and the Spanish asylum law 12/2009 on the right to asylum and subsidiary protection, any third-country national (excluding EU Member States citizens) or stateless person present in the Spanish territory has the right to seek international protection before the Spanish authorities. The exercise of such right is not subject to any condition (Law 12/2009, Article 16(1)). The Spanish Constitution guarantees equality before the law and prohibits discrimination on account of, among others, birth, race, sex and religion (Articles 13 and 14). The Law 15/2022, Article 2, on Equal Treatment and Non-discrimination, explicitly includes nationality, migration status and racial or ethnic origin, and language as forbidden grounds for discrimination; any differences of treatment are permitted only if established by law, based on reasonable and objective criteria, and aimed at achieving a legitimate objective. 

To reinforce non-discrimination in the framework of the asylum procedure, the Procedures Regulation and the EU Pact in general comprise provisions with special procedural guarantees regarding minors, vulnerable individuals and persons with specific needs (Recital 17 and articles 20-25). 

 

    LAW & POLICY

    Related provisions of domestic law or policy

    Law 12/2009 of October 30 regulating the Right to Asylum and Subsidiary Protection

    Legal provision

    Law 12/2009 of 30 October 2009, regulating the law of asylum and subsidiary protection Official Gazette No 263, 31 October 2009 Amended by: Law 2/2014 of 25 March 2014 Official Gazette No 74, 26 March 2014 - Generic

    Law 12/2009 of 30 October 2009, regulating the law of asylum and subsidiary protection Official Gazette No 263, 31 October 2009 Amended by: Law 2/2014 of 25 March 2014 Official Gazette No 74, 26 March 2014 - Generic

    Constitution of Spain with Amendments to 2011

    Legal provision

    Constitución Española - Generic

    Constitución Española - Generic

    Law 15/2022, on equal treatment and non-discrimination

    Legal provision

    Law 15/2022, on equal treatment and non-discrimination - Generic

    Law 15/2022, on equal treatment and non-discrimination - Generic

    Royal Decree 203/1995 of 10 February 1995 approving the Regulation implementing Law 5/1984 of 26 March 1984, regulating the law of asylum and criteria for refugee status, as amended by Law 9/1994 of 19 May 1994

    Legal provision

    Royal Decree 203/1995 of 10 February 1995 approving the Regulation implementing Law 5/1984 of 26 March 1984, regulating the law of asylum and criteria for refugee status, as amended by Law 9/1994 of 19 May 1994 - Generic

    Royal Decree 203/1995 of 10 February 1995 approving the Regulation implementing Law 5/1984 of 26 March 1984, regulating the law of asylum and criteria for refugee status, as amended by Law 9/1994 of 19 May 1994 - Generic

    Instruction 3/2019 of the General Secretariat for Penitentiary Institutions

    Legal provision

    Instruction 3/2019 of the General Secretariat for Penitentiary Institutions - Generic

    Instruction 3/2019 of the General Secretariat for Penitentiary Institutions - Generic