Legal Rights in Portugal

Reproductive and other sensitive rights issues

Image credit: Pixabay

Whether you agree or disagree with the most recent U.S. Supreme Court ruling to overturn the legal right to an abortion for many American women, the last few weeks have arguably been an insightful look at what the future landscape of America might become. For me personally, it’s been sad, frightening and disturbing watching all of this unfold on the news while sitting in the comfort of my apartment in Portugal.

And although I’m not of an age where I could be directly affected by this decision, I fear for the health and well being for many of the people I care about in America. I’m grateful to not be living right now in such a tumultuous and divided United States.

This is a sensitive topic for many - myself included - and I’m not going to use this platform to argue for or against how people might be feeling about this subject, or what they believe is right or wrong, but it did get me to thinking about the reproductive rights of women here in Portugal – if there’s access to legal abortions - especially with Portugal being primarily a Catholic country.

Since America has for decades been an example of freedoms, rights, and opportunity for the world, it also got me to thinking about access to safe contraception and same-sex relationships in Portugal as these freedoms in the U.S. also appear to be poised for future debate or rulings.

Abortion laws in Portugal.

It was illegal to have an abortion in Portugal until 1984 when the Assembly of the Republic ruled that abortion was allowed only in exceptional circumstances such as rape and fetal disease. In 1998 a national referendum was held regarding decriminalizing the voluntary termination of pregnancy. However, it was not until 2007 in another national referendum that the law included language permitting on-demand abortion at a woman’s request, if the pregnancy has not exceeded its 10th week. A 3-day waiting period is required. Abortions at later stages are allowed for reasons such as risk to a woman’s health, rape, fetal disease, or other crimes of sex. Abortions must be conducted in an approved and accredited medical facility.

For more information on this topic, see the reference links at the end of this article.

Safe contraception in Portugal.

Image credit: Pixabay

The use of contraceptives is legal in Portugal. Birth control pills are available in pharmacies without a prescription. IUDs although not commonly used, are also available free of charge at family planning centers at hospitals affiliated with the NHS (National Health Service). Condoms are available in many stores like supermarkets and pharmacies and in health-related vending machines. Emergency contraception (the morning after pill) is available at pharmacies without a prescription and free of charge at family planning centers at hospitals affiliated with the NHS.

Interesting fact: In Europe, Portugal is a country with one of the lowest marriage rates and with most births occurring outside of marriage. 

Same-sex relationships in Portugal.

Image credit: Pixabay

In 2010, Portugal legalized same-sex marriages. Portuguese law mandates that same-sex couples have the same legal rights as heterosexual couples. This includes laws on marriage regarding visas and inheritance.

In 1982, same-sex relationships were decriminalized in Portugal. In 1999 the first Gay Pride March took place in Lisbon. In 2016 Portuguese law was changed to allow gay couples to adopt.

It is illegal to discriminate against a transgender person or an intersex person under Portuguese law.

For more information on this topic, see the reference links at the end of this article.

Interesting fact:  Portugal has wide-ranging anti-discrimination laws and is one of the few countries in the world to contain a ban on discrimination based on sexual orientation in its Constitution.

A sad parting thought.

Many months ago, Paul and I met a man in his 40’s at a cycling event in our community and we struck up a conversation. He is Portuguese but lives and works in the United Kingdom. He visits Portugal frequently and loves his country. He asked us if we were Americans visiting Portugal. We told him we’re American foreign residents of Portugal. He said that he thought we had made a good choice to live and retire in Portugal and briefly touched on the political climate in America mentioning that he felt America was presently a divided country. Then he said something else that has haunted me all this time and still makes me feel very sad. He said that when he was growing up, he and everyone he knew wanted to be just like the Americans. Americans had freedoms and opportunity and were the envy of the world! Now, he said, no one wants to be like an American. He ended his thought by saying, “All we feel for Americans now is pity.”

Reference list.

References for additional information on women’s reproductive rights in Portugal:

The woman’s choice for abortion: the experience in Portugal with implementation of the National Network

All about abortion in Portugal

Unintended Pregnancy and Abortion in Portugal

Contraceptives in Portugal

My friend and fellow writer, Nancy Whiteman wrote a thought-provoking post on women’s reproductive health in September 2021 that is worth your time to read:

Read Nancy's Post

References for additional information on same-sex relationship rights in Portugal:

This resource provides information for the LGBTQ community on visiting or living in Portugal.

This Facebook group provides information and support for the LGBTQ community in Portugal.

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Until next time…

Be kind to one another!

Carol.