The revolution of 25 April 1974, also known as the Carnation Revolution, is credited as being a crucial point in the change of LGBT representation within Portugal.[1] Despite the overthrow of Portugal's dictatorships, the LGBT community was still sparsely discussed until the change of Portugal's Penal Code which decriminalized homosexuality as well as other things.[2] From this point on, the LGBT movement made a slow climb into the public light and when Portugal joined the European Economic Community in 1986, their antidiscrimination policy caused substantial growth within the movement.[2] While there was a variety of different movements and problems that arose during the 90s in relation to the LGBT movement, real change didn't happen until 2001 when parliament approved a law that "recognized cohabitation regardless of sexual orientation".[2] Within the next decade and a half Portugal would go on to legalize same-sex marriage,[3] adoption[4] and established the procedure for legally changing an individual's gender.[5]
De Facto Union
editA de facto union, also known as common-law marriage, is when two individuals who have been together for two years or more are considered legally married without the marriage being on paper.[6] On 11 May 2001 Portugal's parliament approved a change to the de facto union law that extended the unions to same-sex couples.[7]
Same-Sex Marriage
editOn 31 May 2010 the law 9/2010 legalized and recognized the marriage of same-sex couples.[7] This piece of legislation put Portugal at eighth in the world to legalize same-sex marriage and set them at the front of the LGBT citizenship rights within Europe.[2]
Transgender Legislation
editOn 15 March 2011, law number 7/2011 established the process for those who identify with the opposite sex to legally change their gender and name within the civil registry.[5] This legislation specifically allows individuals who are transgender to change their identity without gender changing surgery as long as they have obtained an official gender dysphoria diagnosis.[7] However, the diagnosis has to be made by a team of experts that specializes in "medical sexology", works within public or private medical offices in Portugal or another country, and the diagnosis must be reviewed and signed off by a psychologist and physician.[7]
Same-Sex Adoption
editOn 29 February 2016, law number 2/2016 made is illegal to discriminate against same-sex couples who wanted to adopt.[4] This legislation also prevents discrimination when trying to acquire a civil sponsorship or any other family legal relationships.[4] Prior to this law being passed in March 2014, there was an attempt to grant same-sex couples the same adoption rights as opposite sex couples but lost the 107 who were in favor lost in Parliament to the 111 who were against it.[7]
References
edit- ^ Cascais, António Fernando (1 July 2009). "Different as Only We Can Be. Portuguese LGBT Associations in Three Movements". RCCS Annual Review. A selection from the Portuguese journal Revista Crítica de Ciências Sociais (#0). doi:10.4000/rccsar.131. ISSN 1647-3175.
- ^ a b c d Santos, Ana Cristina (1 March 2013). "Are we there yet? Queer sexual encounters, legal recognition and homonormativity". Journal of Gender Studies. 22 (1): 54–64. doi:10.1080/09589236.2012.745682. hdl:10316/46475. ISSN 0958-9236. S2CID 144572993.
- ^ "Lei 9/2010, 2010-05-31". Diário da República Eletrónico (in Portuguese). Retrieved 21 April 2021.
- ^ a b c "Lei 2/2016, 2016-02-29". Diário da República Eletrónico (in Portuguese). Retrieved 21 April 2021.
- ^ a b "Lei 7/2011, 2011-03-15". Diário da República Eletrónico (in Portuguese). Retrieved 21 April 2021.
- ^ "Medidas de protecção das uniões de facto". Diário da República Eletrónico (in Portuguese). Retrieved 21 April 2021.
- ^ a b c d e Office of the United Nations High Commissioner for Human Rights. (2015, January). Reply of Portugal to the OHCHR’s request for information on the implementation of HRC resolution 27/32 on human rights, sexual orientation and gender identity. https://www.ohchr.org/Documents/Issues/Discrimination/LGBT/Res_27_32/Portugal.pdf