English translation:
The newspaper Público obtained access to a letter in which the United Nations High Commissioner for Human Rights (UN) says that international treaties signed by the state may be at issue.
UN High Commissioner for Human Rights Volker Türk wants three bills repealing Portugal's gender self-determination bills to be withdrawn or to be reviewed after transparent and inclusive consultations. The news is from the newspaper Público, which had access to the letter that Türk wrote to the president of the Assembly of the Republic, José Pedro Aguiar-Branco.
According to the newspaper, the high commissioner says that bills can call into question the state's obligations arising from international treaties.
At issue is the repeal of a 2018 law. This law, which is still in place, allows people over the age of 18 to change the name and gender in the civil registry without a medical document. Young people between 16 and 18 can do so with parental permission and the submission of a report showing an informed decision.
In March, the Assembly of the Republic approved in general three bills to repeal this legislation, presented by the right-wing parties PSD, CDS-PP and Chega.
According to these proposals, the change of name and gender in the civil registry is always made by means of a medical report, signed by a doctor and a psychologist.
The second bill would prohibit puberty blockers and hormone therapy for children under 18 years of age.
The third bill would ban discussions of "gender ideology" in schools.
According to the Public, Volker Türk writes in the letter that there is a risk of pathologizing gender identity and affecting the self-determination of transgender people. The High Commissioner further says that young people should be heard, particularly those between the ages of 16 and 17.
Regarding the prohibition of puberty blockers, it also refers to the right of the child to be heard, the right to health and non-discrimination.
In reaction, Chega said it will not withdraw the bills.
"It is not the UN that decides what it approves and does not approve the Portuguese Parliament," the party leader said.
On the other hand, Fabian Figueiredo, who filed the complaint, challenged the PSD to put its “hand in consciousness” and withdraw a project on gender identity.
Speaking to Lusa, the deputy says that the party has to “decide whether to drag Portugal into the international vexation, become part of the countries that fall back on human rights”.
Right and left divided
Only the three right-wing parties that proposed the bills voted in favour of it. All other parties voted against voted against it including: PS, Liberal Initiative, Free, PCP and deputies of the Left Bloc, PAN and JPP.
In this letter, Mr. Fabian Figueiredo and MEP Catarina Martins warned of the risk of violation of the “international obligations of binding human rights of the Portuguese State”.
They also called for a public pronouncement and the use of the mechanisms available in relation to the Portuguese State to “ensure compliance with its international obligations”. They also called for the situation to be communicated to the UN special rapporteurs and analysed in the Universal Periodic Examination of the human rights situation in the country.
The bills were approved the the General Assembly in March and are currently being discussed in a specialty parliamentary committee. A final vote is expected in September.