GAY411: Europe: Bars / Cafes:Portugal:PT Business Directory

Europe:Portugal

1. Laws covering sexual activity

Same-gender sex:
males	Legal	females	Legal
Age of consent:
males	16	females	16
straight	14
In 1945 Portugal decriminalised homosexuality for the second time in its history (the first time was in 1852, but the total ban was reintroduced in 1912.)(Diniz & Graupner - ILGA-Europe - "Equality for Lesbians and Gay Men - Portugal") The 1945 law reform set an equal age limit of 16. In 1995 Portugal introduced a new penal code (Decreto-Lei no. 48/95, 15.03.1995). This lowered the heterosexual age of consent to 14 (Art. 172 of the penal code) but kept a special offence of homosexual relations with 14 and 15 year old adolescents (Art. 175: up to 2 years jail). Heterosexual relations with 14 and 15 year old adolescents, however, are only a criminal offence if the minor is "seduced" (abusando da sua inexperiência) into vaginal (not anal, oral or other) intercourse (Art. 174: up to 2 years jail). Thus, the Portuguese penal code mentions the term "homosexual" once – in its Article 175. (Diniz & Graupner - ILGA-Europe - "Equality for Lesbians and Gay Men - Portugal") The text of the relevant Penal Code articles can be found in ILGA Euroletter 48.

3. Anti-Discrimination and Anti-Vilification Legislation

Anti-discrimination laws and cases:
"There are no anti-discrimination laws in the penal code covering gays and lesbians.

Extensive lobbying was conducted in 1996 during the revision of the Constitution in favour of the inclusion of "sexual orientation" in its Article 13 which lists the non-discrimination categories and points out groups within society specially prone to discrimination, i. e., sex, race, religion, etc. The Portuguese lesbian and gay association ILGA-Portugal even presented a formal proposal to Parliament. The Green Party made a similar proposal. Both were rejected by the Socialist and Social Democrat majority. The next opportunity for revision of the Constitution will be in 2002."

(Diniz & Graupner - ILGA-Europe - "Equality for Lesbians and Gay Men - Portugal")

4. Employment

Employment protection law and cases:
In Portugal lesbians and gays are banned from serving in the police under Dispatch 13/97, of April 1997 – Tabela de inaptidoes no acesso a PSP (Police) (Antonio Serzedelo - 22 Nov 99)
Access to military:
Lesbians and gay are banned from serving in the Portuguese Armed Forces under Decree no. 28/89 of 17 January 1989 (Tabelade perfis psicofisicos e de inaptidoes para efeitos de prestação de servico militar), article 302 (desvios e transtornos sexuais: homossexualidade e outras perversoes sexuais), par. B. (Antonio Serzedelo - 22 Nov 99)

5. Partnership Recognition (other than parenting)

The 1997 Bill
In 1997 the youth section of the Portuguese Socialist Party published a partnership bill that would include same-sex couples. The bill is intended to equalise "the rights of members of a family living together with those of married couples, in civil, fiscal, social and labour matters, maintaining however the specificities of either situation." Rights would include "transmission of lease rights, subsistence, and right of residence". Immigration and asylum would be on the same basis as for married heterosexual couples. However adoption rights would be reserved to heterosexual couples. Relationships would have to exist for two years to qualify and would have to be registered at the regional social security centre.

It is understood that the Socialist Party has revised the bill, although the exact nature of the revisions are not known. The Socialist Party has demonstrated a commitment to proceed with such legislation, but the timescale is unknown.

(Diniz & Graupner - ILGA-Europe - "Equality for Lesbians and Gay Men - Portugal")

In January 1999 the youth section of the Portuguese Socialist Party (YSP) published another partnership bill, drafted exclusively in terms of heterosexual couples. This was debated in the Portuguese Parliament for the first time on March 3 1999. The YSP have announced their intention for the bill to be extended to same-sex couples in the Summer of 1999. (Goncalo Dumas Diniz - Associacao ILGA-Portugal 5 March 1999)

2nd July 1999: The Portuguese parliament approved a registered partnership law, but limited to heterosexuals. The legislation was supported by the Socialists and Communists. (Antonio Serzedelo, Opusgay-Association-Lisbon-Portugal
Succession rights in housing:
"The current housing law does not distinguish between homosexual and heterosexual couples. Hence, it would equally apply to opposite-sex and same-sex couples. In case of the death of the tenant, the lease is not automatically inherited by the bereaved partner but (s)he has preferential right to keep the lease." (Diniz & Graupner - ILGA-Europe - "Equality for Lesbians and Gay Men - Portugal")

6. Parenting

"One case known in which the family court granted an openly homosexual father (and his partner) custody of his daughter following the divorce of her parents. This decision was later reversed by the Supreme Court, which argued that the child "should be brought up in a traditional Portuguese family" ".

(Diniz & Graupner - ILGA-Europe - "Equality for Lesbians and Gay Men - Portugal")

This case (or perhaps a similar one) is being taken to the European Court of Human Rights. The case of SALGUEIRO DA SILVA MOUTA - Portugal (Nº 33290/96) was declared admissible in December 1998 (See ILGA EuroLetter 72)

7. Asylum

"Sexual orientation is not specifically recognised. There are no known cases of persons being granted or denied refugee status on the basis of sexual orientation." (Diniz & Graupner - ILGA-Europe - "Equality for Lesbians and Gay Men - Portugal")

9. Street Violence, "Social Cleansing", Police Harassment, etc

"Violent (both verbal and physical) homophobia is extremely rare (2 reported cases in the past 10 years)." (Diniz & Graupner - ILGA-Europe - "Equality for Lesbians and Gay Men - Portugal")

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