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On Wednesday, June 25th, the Spanish Congress of Deputies approved moving forward with a controversial reform of the Penal Code promoted by the Socialist Party (PSOE), which imposes prison sentences of up to two years on those who oppose gender transition treatments for minors.
The bill, supported by all parliamentary groups except VOX (which voted against it) and the Navarrese People’s Union (UPN, which abstained), includes prison and disqualification penalties for parents, doctors, psychologists, or educators who do not support so-called “affirmative therapies.”
With 311 votes in favor and 33 against, the Popular Party (PP) has decided to back a law that, until now, had only been supported by the leftist bloc and separatist parties. The PP’s shift has sparked intense criticism from conservative sectors and professionals in the medical and legal fields, who denounce it as a “criminalization of common sense.”
The bill proposes the addition of a new Article 173 to the Penal Code, punishing the implementation of “acts, methods, programs, techniques, or procedures of aversion or conversion” aimed at modifying a person’s sexual orientation, identity, or gender expression—even if done based on medical or psychological criteria. The law deems such interventions especially serious when involving minors, or if carried out through deceit, violence, or for profit.
No distinction is made between coercive actions and prudent clinical approaches. In practice, this means that a psychiatrist, endocrinologist, or therapist who deems it necessary to wait before initiating hormone treatment could face criminal prosecution. The law also provides for special disqualification of up to five years from exercising parental authority or working in professions related to minors, as explained to europeanconservative.com by Paula Fraga, a Spanish criminal lawyer and a leading critical voice against the LGBT lobby in the country.
One of the bill’s most controversial aspects is that it extends sanctions to parents or legal guardians themselves. They will be penalized if they “promote, consent to, or facilitate” any form of conversion therapy, even if they intend to protect the minor and avoid irreversible medical transition without proper psychological support.
Fraga has described the proposal as “extremely serious” and warned that “those who try to prevent greater harm to their children are being treated like criminals.” According to Fraga, the law assumes that any objection to hormone treatments is a form of violence, representing a radical inversion of the principle of medical prudence. “They call it conversion therapy when you refuse to administer puberty blockers without prior evaluation. This is ideological persecution backed by criminal law,” she said.
The Popular Party’s support for the law has come as a shock to its base and traditional voters. Although the party had pledged to repeal the existing ‘trans law,’ it is now aligning itself with the expansion of criminal measures against those who dissent from gender ideology. Conservative sectors argue that this move by the PP reveals its lack of commitment to defending children and educational freedom. “The PP is the PSOE five minutes later,” said Fraga. Others point out that the actual beneficiaries of these policies are pharmaceutical companies, which stand to profit from lifelong treatments for misdiagnosed youths. Legally, they will be considered chronic patients whose treatments, for now, are covered by the public healthcare system.
With this modification of the Penal Code, Spain has joined the ranks of countries with the most radical gender legislation. It distances itself from European models like Sweden or the UK, which have begun to slow down minors’ access to ‘transgender’ medical treatments. The measure could have a chilling effect on professional practice and freedom of conscience, establishing an ideological punishment regime against those who call for prudence, and poses a direct threat to parental authority.
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