Portugal at Risk: Anti-Trans Bills Roll Back Rights

Forbidden Colours strongly condemns the anti-trans legislative proposals currently under discussion in the Portuguese Parliament. These bills, put forward not only by the far-right but copy-pasted by governing parties, represent a dangerous turning point for Portugal and risk setting the country on the same path as Viktor Orbán’s Hungary.

At their core, these proposals seek to dismantle one of the most fundamental rights of trans people: the right to self-determination of gender identity. Portugal’s current legal framework, grounded in Law 38/2018, recognises that gender identity is a deeply personal matter and that legal recognition should be based on the individual’s declaration, without invasive medical gatekeeping. This approach is fully aligned with international human rights standards and the scientific consensus.

The proposed changes would reverse this progress. They aim to reintroduce mandatory diagnoses, undermine access to healthcare, restrict education, and institutionalise discrimination. As highlighted by a broad coalition of Portuguese medical, psychological and academic experts, these proposals are not based on scientific evidence but rather on outdated and discredited notions of gender identity . They represent a clear regression in human rights and a direct attack on the dignity, autonomy and safety of trans people.

Beyond their immediate impact, these proposals set a deeply worrying legal precedent. They violate the principle of non-retrogression in fundamental rights, a cornerstone of democratic constitutional orders, including Portugal’s. Once rights are recognised and implemented, particularly in areas linked to human dignity and equality, states have an obligation not to roll them back without the most compelling justification. Undoing self-identification protections would signal that fundamental rights in Portugal are no longer guaranteed but conditional, subject to shifting political majorities and ideological pressure.

We have seen this playbook before. In Hungary, attacks on the rights of LGBTIQ+ people began with so-called “technical” legal changes, targeting gender recognition and education, before escalating into full-scale democratic backsliding. What is happening in Portugal today follows the same blueprint: the weaponisation of trans lives as a political tool, the erosion of fundamental rights under the guise of “protecting society” and the gradual normalisation of exclusion.

Let us be clear: self-identification laws are now the primary target of the anti-rights movement across Western Europe. Undermining them is not an isolated policy debate, it is part of a coordinated effort to roll back decades of progress on equality, bodily autonomy, and human dignity.

Portugal stands at a crossroads. It can remain a leader in human rights, or it can become the next case study of democratic erosion within the European Union.

Forbidden Colours calls on Portuguese lawmakers to reject these proposals unequivocally. We urge the European Commission to closely monitor the situation and to act swiftly if EU fundamental values are put at risk. And we stand in full solidarity with Portuguese civil society organisations, healthcare professionals and trans communities who are defending their rights with courage and clarity.

Europe cannot afford another Hungary. The time to act is now.