Question for written answer E-001183/2026
to the Commission
Rule 144
Catarina Martins (The Left)

The Portuguese Parliament has started the process to repeal Law No 38/2018, which establishes the right to self-determination of gender identity and gender expression. If passed, the self-determination, depathologised model of gender recognition will be put to an end and access to specific healthcare will be denied.

The measures run counter to the EU's LGBTIQ+ equality strategy, breach the right to respect for private and family life laid down in the Charter of Fundamental Rights of the European Union and go against case-law that bans discrimination based on gender reassignment, as well as international scientific recommendations accepted by the WHO.

In light of the above:

• 1.Does the Commission believe that the legislation, the general terms of which have been approved in Portugal, is consistent with the Charter of Fundamental Rights of the European Union, particularly Articles 1, 7 and 21, and the Court of Justice of the European Union's case-law regarding discrimination based on gender identity?
• 2.Does the Commission intend to examine whether these measures are in line with the LGBTIQ+ equality strategy 2026-2030 and the Member States' equality of treatment obligations?

Submitted: 20.3.2026