Portugal stands out at both the European and global levels as one of the most progressive countries in recognising and protecting the rights of LGBTQI+ individuals. This article offers an in-depth analysis of the legal, social, and institutional framework surrounding LGBTQI+ rights in Portugal, based on national legislation, relevant case law, and international commitments assumed by the Portuguese State.
1. Constitutional and Legal Framework
The Constitution of the Portuguese Republic, fully applicable in the Autonomous Region of Madeira, enshrines the principles of equality and non-discrimination, applying to all citizens regardless of their sexual orientation or gender identity. Article 13 states that “all citizens have the same social dignity and are equal before the law,” explicitly prohibiting any form of discrimination, including on the grounds of sexual orientation. This principle is reinforced by ordinary legislation and international norms ratified by Portugal, which are binding within the national legal system.
2. Recognition of Rights and Equal Treatment
Portugal has been a pioneer in passing legislation that guarantees fundamental rights to the LGBTQI+ population, notably:
- Same-Sex Marriage: Legal since 2010, Portugal allows civil marriage between people of the same sex, granting the same rights and duties as heterosexual couples.
- Adoption: Since 2016, same-sex couples can adopt children under the same conditions as heterosexual couples. The adoption process is regulated by specific legislation that prohibits discrimination based on the applicants’ sexual orientation.
- Gender Identity: Since 2018, Portuguese law allows for self-determination of gender identity and expression, enabling individuals to change their name and sex in the civil registry without requiring a medical report.
3. Protection Against Discrimination
Labour laws and legislation on access to goods and services explicitly prohibit discrimination based on sexual orientation and gender identity. The Labour Code, for instance, guarantees equal rights and duties for all workers, banning any discriminatory practices, including those based on sexual orientation.
Moreover, Portugal has transposed European directives into national law that prohibit discrimination across multiple domains, including employment, education, healthcare, and access to housing.
4. International Protection and Asylum
Portugal recognises the right of asylum for foreigners and stateless persons persecuted on the basis of their sexual orientation or gender identity, in accordance with the Geneva Convention and European directives. Both national and European case law have affirmed that persecution based on sexual orientation constitutes a legitimate ground for granting international protection.
5. International Commitments
Portugal is party to several international treaties that promote equality and non-discrimination, including:
- The European Convention on Human Rights
- The International Convention on the Elimination of All Forms of Racial Discrimination
- The Convention on the Rights of the Child
- The Convention on the Elimination of All Forms of Discrimination Against Women
These instruments reinforce the obligation of the Portuguese State to protect LGBTQI+ rights and adopt positive measures to combat discrimination.
6. Current Challenges and Future Perspectives
Despite legislative and institutional progress, challenges remain, particularly in combating social discrimination, school bullying, hate-motivated violence, and the social exclusion of trans and intersex individuals. The State and civil society continue to work towards ensuring the effective realisation of recognised rights and fostering a culture of respect, inclusion, and diversity.
7. Conclusion
Portugal today is a model of progress in the protection of LGBTQI+ rights, offering a robust and inclusive legal framework. However, the consolidation of these rights requires ongoing vigilance, civic education, and strengthened public policies that promote equality and non-discrimination across all areas of social life.
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