Date of publication:

09/25/2026

Spain

Do domestic laws and policies provide for the “inclusion criteria” in the 1951 Refugee Convention definition of a refugee, and, where applicable, broader regional definitions, or other definitions?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

 Regulation (EU) 2024/1347 of the European Parliament and of the Council of 14 May 2024 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted, amending Council Directive 2003/109/EC and repealing Directive 2011/95/EU of the European Parliament and of the Council (Qualification Regulation), essentially mirrors the inclusion criteria of the 1951 Refugee Convention. Furthermore, the Spanish asylum law 12/2009,  explicitly lists some additional grounds for persecution: gender, sexual orientation and sexual identity (Law 12/2009, Article 3.) 

Following the provisions of the CEAS, the Spanish law comprises some parameters to define actors of persecution or serious harm, actors of protection, internal protection, and the criteria to assess the acts and the reasons of persecution, as well as to define membership of a particular social group (Law 12/2009, Articles 6, 7, 13 and 14), in line with Qualification Regulation  (EU) 2024/1347, Articles 6-10.

    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