| SO | Sexual orientation |
|---|---|
| GI/E | Gender identity/expression |
| SC | Variations of sex characteristics |
| GR1 | Legal gender recognition without self-determination |
| GR2 | Legal gender recognition with self-determination (over 16) |
| GR3 | Legal gender recognition with self-determination (under 16) |
| FPN | LGBTI focal points network |
| CA | Ministerial call to action |
The Constitution of the Portuguese Republic (1976, amended 2005, Art. 13(2)) states that “no one can be privileged, favoured, prejudiced, deprived of any right or exempted from any duty on the basis of (…) sexual orientation”. The Law on the status of the student and school ethics (Law 51/2012, Art. 1(a)), for its part, establishes that discrimination on grounds of sexual orientation and gender identity is prohibited and states as one of the duties of the student (Art. 10(d))to “treat with respect and righteousnessany member of the school community, avoiding discrimination on grounds of (…) sexual orientation (and) gender identity”. Finally, the Law on sex education in school context (Law 60/2009, art. 2(f) and 2(l)) sets as two of its main goals “the respect for the differences between people and for different sexual orientations” and “the elimination of sex discrimination or sex violence attitudes on grounds of sex or sexual orientation”.
There is currently no national or regional strategy that tackles bullying in a direct way, but the Commission for Citizenship and Gender Equality —the public equality mechanism— has launched an anti-homophobic and transphobic bullying campaign, within the scope of the National Equality Plan. The government introduced a draft bill on gender identity in January 2017, which is being considered by the Secretary of Education as an important tool to fight bulling and discrimination, as it will, among other protective measures, allow transgender students to be called by their chosen name.
“Citizenship” is an optional subject within the basic education program. It includes a general guideline to address LGBT issues on the topic Education for Gender Equality, but it is not mandatory. The official website of the General Education Directorate includes a link to the website of the “It Takes All Kinds” project, that provides resources on this subject both for students, teachers and school administrations. Furthermore, the General Education Directorate provides some resources on the subject “Gender and Citizenship” that include several references to sexual orientation and gender identity in an affirming way, to be used in different levels throughout basic education.
There are also specific measures on the inclusion of sexual orientation and gender identity and expression issues in education on the National Equality Plan, and Portugal has signed the Recommendation of combating sexual orientation and gender identity discrimination produced by the Committee of Ministers of the Council of Europe. An ILGA Portugal report on this recommendation stated that there was no evidence that it was being implemented in the field of education.
There is currently no mandatory teacher training on LGBTQI awareness. Two LGBT civil society organisations have produced and disseminated resources on LGBT issues for teachers: ILGA Portugal – project “It takes all kinds” and rede ex aequo (LGBTQI youth organisation) – project Inclusion and project LGBT Education.
The Portuguese Law 7/2011 creates a procedure for change of gender and name in the civil registry and proceeds to the seventeenth amendment to the Code of Civil Registration. According to this procedure, the person must be over 18 to apply for a change of gender marker and the application be signed by at least one doctor or one psychologist.
In 2017, however, the government introduced a draft bill to allow legal gender recognition based on self-determination for people aged 16 and older, and before that age, the draft bill will also allow transgender students to have their chosen name to be used in school. According to ILGA-Europe, the text states that several measures shall be adopted to promote the exercise of the right to self-determination and to protect variations in sex characteristics.The draft bill states that schools should prevent and address discrimination, develop mechanisms to respect learners’ self-determination.
The government does not provide data on homophobic, biphobic, transphobic and interphobic bullying. Rede ex aequo, however, has developed an online observatory specifically aimed at monitoring discrimination on grounds of sexual orientation and gender identity in school texts, and releases a report regularly with the available data. Since 2013, ILGA Portugal has been responsible for a general observatory on discrimination on grounds of sexual orientation and gender identity, and in 2017, it launched the first National Survey on School Climate for LGBTI youth, in cooperation with GLSEN (Gay, Lesbian and Straight Education Network). The findings will be published during 2018.
Academic research has covered the subject, but mostly focusing on attitudes on bullying, and not directly with people who have experienced it. Nevertheless, a study with 84 participants from a sample of 2996 high school students showed that half (48%) of gay/lesbian and about one-third (33%) of bisexual Portuguese youth reported some form of homophobic victimisation in schools.
On November 2016, the Secretary of State for Equality announced a permanent annual grant for three LGBT victims’ support services based in three different NGOs (the LGBT Center, by ILGA Portugal; Casa QUI, focused on LGBT youth, both based in Lisbon, and Associação Plano I, in the city of Matosinhos). From 2018, a new ILGA Portugal support service, aimed at LGBT youth will be launched in Porto, with public funding. The project, called True Colours, already provides resources for the creation and development of ‘gay-straight alliances’ in schools from the northern region.
“Dislyke homophobic bullying” is the name of the first public campaign addressing this subject. It features an awareness raising video and a website with information and resources.
The government provides periodic support to local civil society organisations. The LGBTI youth NGO rede ex aequo has received in the past some funding to produce materials for teachers and students, as well as a specific one-year project including teacher training and an awareness raising campaign with posters and postcards. In 2017, with the support of public funding, ILGA Portugal started a two-year project aimed at the creation of alliances in school context, with several partnerships, including municipalities, other NGOs, and victim support services.
– Portugal has signed the Call for Action by Ministers – Inclusive and equitable education for all learners in an environment free from discrimination and violence.
– Portugal is member of the European Governmental LGBTI Focal Points Network.
In 2010, the Ministry of Education cancelled the distribution of posters from rede ex aequo’s project Inclusion, a campaign that had been funded by EEA Grants between 2009 and 2011. The campaign proceeded with local initiatives with the support of local school administrations.
In 2012, ILGA Portugal launched a call for a children’s illustrated book portraying LGBTI lives. A jury chose a story about a five-year-old girl with two fathers (“Primeiro Cresci no Coração” – First I grew up in their hearts”), from a total of 54 contestants. The book was published, with the financial support, and it has been handed out with no charge for primary schools and other public libraries, followed by a significant number of readings.
Alianças Da Diversidade, by ILGA Portugal
Covers: SO and GIE
[http://add.ilga-portugal.pt/]
Project goal is to form alliances between students, teachers and school staff to promote inclusion of LGBTI youth.
Tod@s Somos Precis@s (It takes all kinds), by ILGA-Portugal
Covers: SO and GIE
[http://ilga-portugal.pt/educacao/]
Website with resources for teachers and students, to be used according to different subjects and age groups.
Dislyke bullying homofóbico, by CIG – Commission for Citizenship and Gender Equality
Covers: SO and GIE
[http://www.dislikebullyinghomofobico.gov.pt/]
Campaign includes an awareness raising spot and a website with resources.
Educação LGBT rede ex aequo, ILGA Portugal
Covers: SO and GIE
[https://www.rea.pt/projeto-educacao/]
Project includes storytelling and awareness raising sessions and brochures for teachers and students.
EdSex
Covers: SO
[https://www.casa-qui.pt/index.php/missao/projetos/57-projeto-edsex-promover-a-igualdade-atraves-da-educacao-sexual]
EdSex is a project currently promoted by the NGO Casa Qui, and it includes a best practice contest on sexual education in school context, awareness raising sessions for students, teachers and parents, research and a best practice guide.
