The approval of Spanish Law 04/2023 of 28 February, aimed at ensuring the effective equality of trans people and guaranteeing the rights of LGBTIQ+ persons, represents a significant milestone in the legal recognition of gender self-determination and the depathologisation of trans identities. This law builds upon a consolidated framework of anti-discrimination policies and services, while simultaneously introducing new regulatory, administrative and institutional challenges. This study examines the real-life impact of Law 04/2023 on the lives of trans and non-binary people in Catalonia, with particular attention to its implications for education, from an intersectional perspective. Accordingly, the guiding research question is: how does the implementation of Law 04/2023 reshape educational practices, professional training, and institutional responses affecting trans and non-binary people in Catalonia, and what barriers and facilitators condition its educational impact?

The theoretical framework is grounded in a critical and interdisciplinary educational perspective that brings together critical legal theory, intersectionality, transfeminism, and theories of child and youth participation. From a critical legal standpoint, the law is understood not merely as a normative framework but as a pedagogical device that structures institutional cultures, professional knowledge, and everyday interactions within schools, universities, and public services. Drawing on Spade (2015), the study conceptualises law as a mechanism that can either reproduce or challenge structural inequalities depending on how it is enacted in educational and welfare institutions. Recognition, therefore, becomes an educational process that shapes which gendered subjectivities are rendered legitimate within learning environments, echoing Butler’s (2004) notion of recognisability as a condition for social intelligibility.

An intersectional framework further informs the analysis, enabling an examination of how educational inequalities experienced by trans and non-binary people are intensified through the interaction of gender identity with other axes such as age, migration status, social class, disability, and territorial location (Crenshaw, 1990). As highlighted by Platero Méndez (2014), educational institutions often function as key sites where normative gender expectations are enforced, producing differentiated experiences of inclusion and exclusion. On the other hand, transfeminist theory provides a critical lens through which to interrogate binary and cisnormative assumptions embedded in educational curricula, professional training, and institutional protocols. Following Stryker (2025) and Platero (2023), the research understands education as a central arena for either reproducing gender normativity or fostering transformative practices that recognise gender diversity as a social and pedagogical resource. From this perspective, Law 04/2023 is not only a legal instrument but also a potential catalyst for pedagogical change, demanding new forms of teacher education, professional development and educational policies

The framework also incorporates the perspective of child and youth protagonism, drawing on Liebel (1994) and more recent work on participatory approaches with trans children and adolescents (Langarita et al., 2025). This approach challenges adult-centred models recognising trans children and young people as active agents in the construction of their identities and educational trajectories. Pedagogies informed by queer and critical education theories (Mayo & Rodríguez, 2019) are central here, as they seek to destabilise normative gender binaries and promote inclusive learning environments grounded in participation, dialogue, and recognition.

Finally, the study situates the Catalan case within a broader European and international educational policy context. European strategies on LGBTIQ+ equality and inclusive education emphasise the role of schools, universities, and lifelong learning systems in combating discrimination and fostering social cohesion. However, comparative research shows that progressive legal frameworks often coexist with persistent gaps in teacher training, curriculum development, and institutional accountability (Symeonidis, Hellmann, & Laux, 2024). By analysing the implementation of Law 04/2023 through an educational lens, this paper contributes to international debates on how education systems mediate the relationship between legal reform and social change.

This study draws on a qualitative research design aimed at examining the educational strengths and weaknesses of Spanish Law 04/2023 through its implementation in Catalonia. The methodological approach is framed by transfeminist, intersectional and queer educational perspectives, which understand education as a key issue where legal norms are translated into everyday practices, professional cultures and institutional learning processes. From this standpoint, the law is analysed from a sociological perspective, considering in particular these educational elements connected to schools, training development and educational policies. Data were collected through a combination of in-depth interviews and focus groups conducted in 2025. The sample included trans and non-binary people across different age groups, families of trans children and adolescents, trans people seeking international protection, and professionals working in education, health, social services, public administration and LGBTIQ+ organisations. Particular attention was paid to the inclusion of young trans people and families, given the central role of educational institutions in their everyday lives and identity development. A total of 23 in-depth interviews were conducted: 11 with trans and non-binary adults aged between 19 and 66, and 12 with professionals involved in the implementation of the law. These professionals included teachers, school counsellors, public administration staff, healthcare professionals, social workers and representatives of LGBTIQ+ organisations. In addition, four focus groups were held: two with families of trans children and adolescents, one with young trans people, and one with trans people seeking international protection. Interviews and focus groups were conducted in Catalan or Spanish, depending on participants’ preferences, and took place either online or in person to ensure accessibility and participation. All sessions were audio-recorded with informed consent, transcribed verbatim and anonymised. Data analysis was conducted using qualitative analysis software (Atlas.ti), following a thematic coding strategy that combined deductive and inductive approaches. Deductive categories were informed by existing literature on gender, education and policy implementation, while inductive categories emerged from participants’ narratives. Analytical attention focused on educational dimensions of the law, including school practices, professional training, institutional learning, intersectoral coordination and the role of informal and community-based education was considered. Ethical approval was obtained from the Universitat Rovira i Virgili’s ethics committee, and a participatory advisory group composed of trans adults and representatives of LGBTIQ+ organisations contributed to the design, recruitment strategy and validation of findings. This collaborative approach aimed to ensure methodological rigor, ethical sensitivity and relevance to the lived realities of the subjects investigated.

This study highlights that Spanish Law 04/2023 represents a significant educational opportunity, while simultaneously revealing important structural limitations in its implementation. From an educational perspective, one of the law’s main strengths lies in its explicit recognition of gender self-determination and its potential to challenge cisnormative assumptions embedded within schools, professional training systems and public institutions. By formally acknowledging trans identities without medical or psychiatric requirements, the law provides an important pedagogical message that affirms gender diversity as a legitimate and valuable social reality. However, the findings demonstrate that this educational potential remains only partially realised. A key weakness identified is the lack of systematic training on gender diversity for educational professionals. As a result, schools and other institutions often rely on individual goodwill rather than shared professional knowledge, leading to inconsistent practices and inequalities. This gap between legal recognition and everyday educational practice is particularly evident in schools, where young trans and non-binary people continue to face misrecognition, bureaucratic obstacles and insufficient protection. The study also illustrates that non-binary identities remain largely excluded from institutional and educational frameworks, reinforcing binary gender norms within curricula, administrative procedures and pedagogical practices. Furthermore, although the law incorporates an intersectional approach in principle, educational responses often fail to address the compounded inequalities experienced by trans people who are migrants, racialised, disabled or living in precarious socio-economic conditions. Despite these limitations, the research underscores the transformative role of families, trans communities and activist organisations as informal educators and agents of institutional learning. Through advocacy, peer support and awareness-raising, these actors contribute to obtain significant educational change. Overall, the study concludes that Law 04/2023 can only achieve equality if it is accompanied by sustained educational investment. This includes compulsory teacher and professional training and meaningful participation of trans and non-binary people in educational policy design.

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