SPAIN-SOGI-TBs-CRC

Concluding Observations on Report 7 (2026) (Link)

3. The Committee welcomes the various legislative, institutional and policy measures taken by the State Party to implement the Convention, including the following: …Law No. 4/2023 (LGBTI Equality Act)… 

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Non-discrimination

13. The Committee recommends that the State Party:

(a) Take specific measures to ensure that children are not discriminated against on the basis of ethnicity, origin, race, sex, gender, sexual orientation or disability;

(b) Fully enforce Law No. 15/2022, on integral equal treatment and non-discrimination, and Law No. 4/2023 in order to ensure real and effective equality for transgender people and guarantee the rights of LGBTI people and ensure that autonomous communities recognize diversity and equality as part of human rights;…

 

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Harmful practices

22. Concerned about reports about persisting cases of medically unnecessary and irreversible surgery and other treatments performed on intersex children without their informed consent, and with reference to joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2019) on harmful practices, the Committee urges the State Party:

(a) To amend its legislation to adequately sanction involuntary, deferrable medical or surgical treatment on intersex children and provide reparations for children who have received unnecessary treatment, including by extending the statute of limitations;

(b) Enforce article 19 of Organic Law No. 4/2023, including by providing families with intersex children with adequate counselling and support.

 

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Health and health services

29. Noting the national strategic plan for the reduction of childhood obesity (2022–2030), concerned about the very high prevalence of obesity and overweight among children and recalling its general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, the Committee recommends that the State Party:

…(c) Ensure mandatory training for healthcare personnel on providing services to transgender children;…

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Aims and coverage of education

36. The Committee recommends that the State Party:

…(b) Continue to improve the accessibility and quality of education and provide quality training for teachers, including on tools to support transgender children;…

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Concluding Observations on Report 5-6 (2018) (Link)

Education, including vocational training and guidance

39. The Committee is seriously concerned that, in practice, the constitutional right to education is implemented unevenly in the State party, with unequal investment in education by autonomous communities and a slight decrease in overall investment in education. It is also concerned at the high rate of individuals leaving education and training early and at the fact that almost one fifth of all secondary school students, particularly immigrant children, Roma girls and children living in poverty; do not obtain the compulsory education diploma. The Committee is also concerned about:

…(d) The incidence of bullying and harassment, including on the basis of disability, sexual orientation and gender identity, in schools and on social media, and the inadequate implementation of policies and strategies to address those phenomena;…

40. With reference to its general comment No. 1 (2001) on the aims of education and taking note of target 4.1 of the Sustainable Development Goals on ensuring that all girls and boys complete free, equitable and quality primary and secondary education leading to relevant and effective learning outcomes, the Committee urges the State party to foster a national dialogue on the basic and structural characteristics of the education system and to protect resources dedicated to education and training for children. The Committee also recommends that the State party provide reinforcement, orientation and support programmes to prevent early school leaving and:

…(d) Establish a strategy to combat bullying and harassment, including cyberbullying, that encompasses prevention, early detection mechanisms, the empowerment of children and professionals, intervention protocols and harmonized guidelines for the collection of case-related data;…

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Concluding Observations on Report 3-4 (2010) (Link)

[no mention]

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Concluding Observations on Report 2 (2002) (Link)

[no mention]

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Concluding Observations on Report 1 (1994) (Link)

[no mention]

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