Activists are delighted at parliament’s positive vote that Portuguese citizens from 16-years on, will be able to change their name and gender on essential documents without needing to submit a medical report.For 16 to 18-year-olds, a change of gender will need to be approved by their parents or legal representatives. Under the old law, those wanting to change their gender on official documents had to be 18 or over and present a medical report but the changes mean that over-18s now can self-identify.
This "groundbreaking" change in the law “respects the right of self-determination,” according to Katrin Hugendubel of ILGA-Europe, an LGBT rights advocacy group, "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."
Isabel Moreira, a Socialist MP, said this was an "historic day that honours every trans person and their families."
This is all relatively new legislation as until 2011 there was no legal recognition of transgender identity. Before this time, when the current gender laws were accepted, to effect any change, transgender people had to be sterilised and sue the state for wrongful attribution of identity.
The new legislation also outlaws unnecessary surgery on intersex children.
In 2011, Portugal approved the current Gender Law, widely celebrated at the time by LGBT activists, since which 485 people have changed their legal name and gender.
The Gender Law follows a number of other liberal law changes that have reshaped Portugal into a respectful and liberal society when it comes to many citizens’ rights. Examples have been, drug decriminalisation in 2001, same-sex marriage in 2010, same-sex adoption in 2016 and surrogacy in 2016.
Still in the pipeline is the legalisation of the medicinal use of marijuana and the legalisation of euthanasia, both of which are scheduled for debate.
Portugal soon will join a select band of EU nations that enable their citizens to decide what identity best suits them - Malta, Norway, Denmark, Ireland and Belgium.
The legislation needs to be signed off by the President who, being a laid back sort of dude, will have no hang-up over enabling the Gender Law amendements to be put into action.