The Portuguese Parliament has adopted a law establishing the right to self-determination of trans persons aged 18+ in the legal recognition of their gender identity.

This is hopefully the last step of a long journey, during which the first version of the law, was vetoed by the President of the Republic in May.

Unlike the original law voted in Parliament in April this year, self-determination is no longer the guiding principle for trans people between 16 and 18. The law now foresees a similar system as in Belgium, namely that this age group needs to  obtain a document certifying that they are able to provide consent from a doctor or a psychologist (of their choice).

”We at ILGA-Europe together with the trans community continue to advocate for legal gender recognition procedures available without any age limits and fully based on self-determination. Also young trans people need to be trusted to know who they are, and there is no reason why their fundamental rights should be less protected than those of adults. We thus regret that the procedure won’t be based on self-determination for young people between 16 and 18 as originally foreseen”, said Katrin Hugendubel, ILGA-Europe’s Advocacy Director, in reaction to today’s vote. 

The now adopted legislation leaves a margin to health professionals, and this might in practice contribute to the patholigisation these young people.

ILGA-Europe’s Katrin Hugendubel continued: “We hoped for even better, but this is an important step in improving the lives of trans and intersex people in Portugal. We hope that the Portuguese public authorities will now work with the trans community, intersex activists and LGBT organisations to ensure that the law is implemented in a way that fully respects the fundamental rights to autonomy and bodily integrity of trans people and intersex children. This includes guidelines for the health care and education sectors addressing the concerns raised by LGBTI NGOs.”

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* MP’s from the parties including PS, PCP, BE, PEV, PSD have voted in favour.

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• For up-to-date information on the legal and policy situation for LGBTI people in Europe, visit our Rainbow Europe Module. 
• ILGA-Europe, TGEU, and OII Europe’s update on the President’s veto on 10 May.
• ILGA-Europe, TGEU and OII Europe had written directly to President Marcelo Rebelo de Sousa on 27 April, urging him to sign the law.
• The Council of Europe’s PACE General Rapporteur on the rights of LGBTI people Piet De Bruyn recorded a video message (below) in support of the proposed law earlier this year. 

Update on the veto issued on 9 May by President of portugal, Marcelo Rebelo de Sousa.

Portuguese President Marcelo Rebelo de Sousa has chosen to veto the ground-breaking law passed by parliament on 13 April, proposing self-determination for trans people and banning unnecessary surgeries on intersex people. The announcement, issued late on Wednesday night (9 May 2018) is frustrating but not fatal.

The veto appears to centre on the legal gender recognition process for minors in Portugal, with the president suggesting that minors should have to obtain a medical opinion in order to change their gender marker.

ILGA-Europe, Transgender Europe-TGEU and OII Europe echo the call of the trans community in Portugal by reminding the President that equality for a few is not true equality. Young people must be able to access a legal gender recognition procedure that is fair and trusts them to know who they are.

The law received the support of a parliamentary majority, after MPs heard directly from trans people, their parents and families, LGBTI activists and experts. 

As our member organisation ILGA Portugal commented last night: “We believe that the Portuguese Parliament has the power to overcome this veto and… it is necessary to take this path to the full guarantee of Human Rights for all trans persons”.

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• For up-to-date information on the legal and policy situation for LGBTI people in Europe, visit our Rainbow Europe Module. 

• The President’s statement on the veto is available here.
• The Council of Europe’s PACE General Rapporteur on the rights of LGBTI people Piet De Bruyn recorded a video message in support of the proposed law earlier this year. 
• ILGA-Europe, TGEU and OII Europe had written directly to President Marcelo Rebelo de Sousa on 27 April, urging him to sign the law.

ILGA-Europe, TGEU and OII Europe urge President Marcelo Rebelo de Sousa to sign the historic law as adopted by the Portuguese parliament on 13 April. 

Two weeks ago we celebrated as Portugal voted to introduce self-determination and protection for intersex kids. 

The reform provides everyone with one of the most basic fundamental rights, the right to be trusted to know who they are.

Now, there’s a risk that a presidential veto could derail the progress that LGBTI activists have worked for years to secure.

ILGA-Europe, TGEU, OII Europe, our partners and allies say in unison – don’t turn back the clock!

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• We have written directly to President Marcelo Rebelo de Sousa, read our joint letter in full here. 
• The Portuguese LGBTI movement have also urged the president to sign this bill into law without delay – and make history.

The Portuguese parliament has voted to adopt a ground-breaking law which better protects and respects the right to self-determination and bodily integrity of trans and intersex people.

“Portugal is really making history today – this law will make Portugal only the second country worldwide to outlaw medically unnecessary treatments on intersex kids.” said Katrin Hugendubel, ILGA-Europe’s Advocacy Director, in reaction to the vote. 

The law was supported by members of parliament this afternoon, following two years of very hard work by LGBTI activists in Portugal.

As a result, when this law comes into effect:

• People will be able to change their legal gender through a procedure based on self-determination. This means that the law finally recognises and respects that trans people themselves know best who they are and how they identify.
• Trans people will no longer need to be diagnosed with gender identity disorder in order to have their gender legally recognised.
• Young people aged 16 and older will be able to access this procedure.
• It will become illegal to perform unnecessary surgery on intersex children.

Portugal joins its European neighbours (Malta, Norway, Denmark, Ireland and Belgium) in opting for a model based on self-determination. Encouraging as it is that the number of countries who opt for this model is growing, there are still too few and more governments need to show leadership here.

However, the current law is silent about a number of critical questions. Now a lot of work needs to be done to ensure that this law is implemented effectively – through guidelines for the health care and education sector for example – to best protect the fundamental rights of trans and intersex people and addresses concerns raised by LGBTI NGOs during the drafting phase.

Hugendubel continued “ILGA-Europe are very relieved that the law based on self-determination was adopted and that it will be accessible to everyone over 16. We are also encouraged that politicians (despite the fact that some parties’ commitment to equality seemed to be wavering in the past few weeks) ultimately voted in favour of respect and common sense. We congratulate Portugal – and look forward to celebrating with our members and friends at the 2018 IDAHOT Forum taking place in Lisbon next month!”

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• The Council of Europe’s PACE General Rapporteur on the rights of LGBTI people Piet De Bruyn recorded a video message in support of the proposed law earlier this year.
• The new law will not immediately come into effect; the act now needs to be approved by the President and then published in the official state journal.
• The final vote figures were being confirmed by activists attending the parliament’s plenary session at the time of this release, but the law was passed in the plenary vote at 13.30 CEST.