Spain: Transgender Athletes in Sport
By María de Sousa, Lawyer, Statim, Barcelona, Spain
Introduction
In recent years, the participation of transgender athletes in sport has increased significantly, influenced by broader social shifts toward inclusion and recognition of gender diversity.
However, such participation has not been free from controversy. The presence of transgender athletes has become the subject of an ongoing debate at a global level, with both legislation and public opinion divided between full inclusion and more restrictive approaches.
This debate mainly focuses on the participation of transgender athletes in women’s sports, and specifically on whether transgender women should be allowed to compete in female categories. The concern is based on the assumption that transgender women may possess physical advantages over cisgender women, potentially placing the latter at a disadvantage in competitions where transgender women participate.
Transgender Sport in Spanish Legislation
At present, Spain does not have a specific legal framework governing the inclusion of transgender athletes in sport. However, Law 4/2023 of 28 February, on the real and effective equality of trans persons and the protection of the rights of LGTBI individuals (commonly known as the “Trans Law”), sets out a series of guiding principles and measures aimed at ensuring the rights and social inclusion of trans and other LGTBI groups.
Regarding sport, the Trans Law establishes the need for proactive measures to promote awareness, prevent discrimination, and support inclusion. It also mandates training programmes on inclusion and non-discrimination for all sports professionals, whether or not they are affiliated with a sports federation, and regardless of their role within the organisation.
Despite these general obligations, the Trans Law delegates the specific regulation of trans athletes' participation to individual national and international sports federations. It explicitly references compliance with the specific regulations of each federation. Notably, it also highlights the importance of adhering to anti-doping rules, which could permit limitations on participation based upon testosterone levels, depending upon the sports federation's criteria.
Thus, whilst the Trans Law promotes inclusion and prohibits discrimination, in practice, the responsibility for regulating participation lies with each sports federation, creating a fragmented and inconsistent framework.
Recent Cases: Legal Uncertainty and Unequal Treatment
The absence of a unified regulatory framework has led to heterogeneous situations across Spain, with sports federations applying varied criteria—some allowing participation of transgender athletes in female categories, others imposing restrictions, and some outright prohibiting it:
- Catalan Swimming Federation: In 2020, it allowed a transgender girl to compete in the female category, setting a precedent for inclusion.
- Castilla-La Mancha Basketball Federation: In 2024, it initially denied a transgender player’s participation in the female category, citing the lack of guidance from the International Basketball Federation. However, the Castilla-La Mancha Sports Justice Committee overturned the decision, granting the player a license and ruling that the initial refusal violated her fundamental rights to equality and non-discrimination.
- Toledo City Council: it recently passed a motion banning transgender individuals from competing in sports categories that do not align with their biological sex. However, as local governments are part of Spain’s public administration, and, therefore, subject to national law, this measure may be subject to judicial review under the Trans Law.
Meanwhile, Fénix FC, the world's first football club composed entirely of transgender football players, began competing in the fourth division of Catalan men’s football in the 2024/25 season.
International Regulations
As in Spain, the international landscape reflects a wide variety of approaches due to the autonomy of each sports federation in establishing eligibility criteria for transgender athletes:
- International Olympic Committee (IOC): Over the years, the IOC stance has evolved. Initially, it required transgender athletes to undergo gender reassignment surgery and complete at least two years of hormone therapy. In 2021, the IOC adopted a more inclusive position, promoting fairness, inclusion, and non-discrimination. However, like the Spanish Trans Law, it leaves specific regulation to each international sports federation.
- World Aquatics (formerly FINA): it has taken an intermediate approach, permitting transgender women to compete in female categories only if they completed their transition before the age of 12. The organisation is also working on establishing an ‘open category’ to enhance inclusivity.
- World Athletics: Similar to World Aquatics, it prohibits transgender women from competing in female categories if they have experienced male puberty. Notably, in 2025, World Athletics launched a consultation to assess transgender participation and is exploring the implementation of non-invasive gender verification tests to determine eligibility.
Conclusion
In Spain, the participation of transgender athletes in sport currently lacks a unified and specific regulatory framework. Whilst the Trans Law establishes a foundation of inclusion and non-discrimination, the responsibility for detailed regulation lies with each sports federation, leading to inconsistent outcomes across different sports.
Internationally, the situation mirrors the Spanish context: there is no overarching consensus, and each sports federation defines its own eligibility rules, resulting in varying degrees of inclusion depending upon the sport.
The discussion on whether such criteria should be defined by national legislation or by international sports federations remains open. Likewise, it is an ongoing debate whether all sports should be subject to a standardised regulatory framework or whether some sports should have specificities.
In all cases, it is hoped that the development and implementation of regulations in this field will continue to make sport an example of inclusiveness, equality and social progress.
The Author may be contacted by e-mail at ‘
