Portugal
Categories Score
The full bar chart stands for 100%, and is filled by the country category score. The colour display uses the traffic light palette, with Green representing a score closer to 100% and Red a score closer to 0%.
ASYLUM
This category looks into laws that expressly include SOGISC as a qualification criteria for seeking asylum. We also take into account other legislation, policies, instruction or positive measures by state actors that are related to asylum addressing the needs and rights of LGBTI asylum seekers and refugees.
Criteria Compliance Ratio
Each pie charts stands for a category and is divided in slices by criteria. When a country complies with a criteria – fully or in some regions – the slice is coloured.
Keep in mind the criteria have different weighting factor within a category; for example, the criteria Prohibition of medical intervention without informed consent (intersex) stands for half (2.5%) of the INTERSEX BODILY INTEGRITY category weighting factor (5%). Meaning that even if a country can only comply with this specific criteria within the category (1/4 total criteria) the category scores 50%.
More information on the categories and criteria weighting factors here.
Category & Criteria Table
The table lists detailed information and insights on legislation supporting each criterion status. Please use the filters for in-depth analysis.
n/a = not applicable, meaning the criteria didn’t exist in the previous Rainbow Map edition (PROGRESSION column)
- Complies
- Applicable in some regions only
- Does not Comply
RECOMMENDATIONS
In order to improve the legal and policy situation of LGBTI people in Portugal, ILGA-Europe recommend:
- Amending the constitution by expressly referring to sexual orientation, gender identity, gender expression, and sex characteristics.
- Introducing public policies and other measures on asylum that contain express mention of all SOGIESC (sexual orientation, gender identity, gender expression, sex characteristics) grounds.
- Ensuring that the legal gender recognition legal framework and procedures include a non-binary or third gender option.
Annual Review of Portugal
In our Annual Review of the Human Rights Situation of LGBTI People in Europe and Central Asia, we examine the advances made and provide concrete examples of on-the-ground situations at national level country-by-country in the 12 months from January to December 2023.
Read our Annual Review of Portugal below for more details and stories behind the Rainbow Map. You can also download the Annual Review chapter (.pdf) covering Portugal.
-
The Pride 2023 Report by the LLYC Consultancy found a 185% increase in anti-LGBTQI+ content on social media between 2019-2022, with a large portion focused on so-called ‘gender ideology’.
The process of introducing the self-determination of gender in schools (see under Education) sparked numerous anti-trans articles and comments.
A religious event for LGBTQIA+ people at the Church of Encarnação da Ameixoeira was disturbed, when a dozen ultraconservatives entered the parish. The Secretary of State for Equality and Migration condemned the incident.
The owner of an LGBT sauna was targeted by transphobic hate speech and threats.
In November, ILGA Portugal shared the findings of SafeNet research, analysing what social networks consider hate speech and whether or not this content is removed. From a total of 164 complaints made since the beginning of the project, the social networks removed only 37 of the posts reported. 49% of the reported hate speech cases were based on sexual orientation, 30% on gender identity, and 20% anti-LGBTI+.
-
An exhibition about LGBTI+ issues in a church in Évora was vandalised by three men in June. The incident was condemned by the church and the city and the police are investigating.
-
(See also under Bias-motivated Speech)
In April and August, the parliament adopted amendments to ensure the law on self-determination of gender identity is applied in the education system. Schools will now be in charge of ensuring that children and youth can use their self-assigned name in all school activities. In 2022, The National Council of Ethics for Life Sciences (CNECV) presented its opinion on the issue, encouraging the parliament to adopt a wider education anti-discrimination and anti-bullying law, advocate for mandatory gender-neutral toilets and loker rooms, and increase training, awareness-raising, and inclusive policies.
In June, the Portuguese government launched new guidelines to prevent discrimination against LGBTI students at school and educational settings and provide guidance on the transition of trans pupils.
-
Chega, the national conservative, right-wing populist political party, continued to try blocking legal measures for LGBTQIA+ equality and made hostile remarks throughout the year.
The President made a statement and Prime Minister António Costa committed to continuing to tackle discrimination against LGBTI people on the occasion of IDAHOBIT in May. The Lisbon City Councils raised the rainbow flag and for the first time, Ministries did the same and the Parliament was lit up in rainbow colours. There was considerable debate in parliament whether the flag should be raised and the Porto City Council voted down the move to ‘officially’ raise the flag. It was later displayed on the square outside the Council. The trans flag was also raised at the Lisbon City Council on Trans Day of Visibility in March.
The Observatory on Discrimination Against LGBTI+ People received 469 complaints between 2020-2022 on cases of discrimination and violence based on SOGIESC. Less than a quarter of the cases were reported to the authorities.
In November, after a legislative process initiated by the extreme-right wing party, proposals for a Constitutional revision were submitted, with political parties amending the equality principle to, namely, include gender (BE, PAN), gender identity (LIVRE, PS), gender expression and sex characteristics (LIVRE).
-
The National Council of Ethics for Life Sciences published an advisory report to the government on regulating altruistic surrogacy, which recommends that children born out of surrogacy could have three parents on their birth certificate, if the surrogate revokes their contractual agreement. The Council also recommends ongoing psychological support for surrogates. The parliament previously adopted a surrogacy law, in 2021, but implementation and regulation has been lacking since, forcing many to opt for surrogacy abroad.
-
Portugal joined the European Commission’s infringement proceedings against Hungary over its anti-LGBT legislation.
-
Lisbon Pride was held in person this year, with an estimated 100,000 participants. Pride in Porto was held in July, without any incidents, but following disputes with the municipality over the event’s location. The organisers launched successful asking for Pride to take place in central Porto. An LGBTI+ march was held for the first time in Évora.
-
In March, the parliament adopted a regulation which allows for people to be manually added to the registries for cancer screening regardless of their legal gender.
From August on, the Monkeypox vaccine became more widely available to men who have sex with men and sex workers, among others.
The University of Algarve’s study found that LGBTQIA+ people report worse health conditions than the general population and fear discrimination and microaggressions in healthcare settings.
The story of Keyla Brasil, a trans migrant woman living in Portugal, sparked civil society calls for trans healthcare services to be made available to migrants. Brasil is a trans activist in Portugal, but had to seek trans-specific healthcare services in Thailand, where she had a stroke.
-
This year marked the fifth anniversary of the 2018 legal gender recognition law, which introduced self-determination.
The PS tabled an amendment in May, which would introduce gender-neutral name options in the civil registry.
-
The short film Um Caroço de Avocado, featuring the story of a trans woman, won the award for best queer film at an international film festival.
Mariana Mortágua, leader of the Left Bloc, came out as lesbian in May.
In October, Marina Machete, a trans woman, won Miss Portugal.
In October, Festival Imersão, a festival promoting emerging LGBTQI+ talent, was held for the first time in Lisbon.
Porto will have a street named after Gisberta Salce Júnior, a migrant trans woman who was brutally murdered in 2006.
The full Annual Review for 2024 is available here.