From written law to lived law: Mapping discrimination based on sexual orientation, gender identity and expression, and sex characteristics in Portugal

Abstract

Portugal has made significant progress in promoting the rights of LGBTI+ people since the beginning of the twenty-first century, establishing itself as one of the European countries with a progressive legal framework. Nevertheless, questions remain regarding the extent to which these advances translate into effective protection against discrimination across different spheres of life. This article analyzes the landscape of discrimination based on sexual orientation, gender identity and expression, and sex characteristics (SOGIESC) in Portugal, drawing on the findings of a National Study on the Needs of LGBTI+ People and Discrimination on SOGIESC Grounds, commissioned by the Portuguese Commission for Citizenship and Gender Equality. The research adopted a qualitative and intersectional approach, using focus groups and semi-structured interviews with representatives of associations and collectives working with LGBTI+ populations, involving a total of 22 organizations. The findings indicate that the participating organizations perceive discrimination based on SOGIESC as structural and widespread, despite formal legal recognition. Its incidence varies across the country, being more pronounced in inland and island regions, and affects the groups covered by the acronym LGBTI+ in different ways. Trans people, particularly trans women, as well as migrants, racialized individuals and sex workers, emerge as the most vulnerable groups. The persistence of discrimination across multiple contexts, including healthcare, education, employment, social protection, and family life, confirms the existence of a significant gap between written law and lived law, highlighting the need to enhance public policy measures.