Discrimination against LGBT+ people in Macau
Gender mark change for transgender people
In 2015, the Macau government announced that the Legal Reform Consultation Committee was to commence a study about allowing transgender persons to change the gender marker on their birth records and identity documents.[1] However, no more updates followed since then.
The Macau Research Group and the New Macau Association suggest the UN Human Rights Committee ask Macau, China to provide an update on the progress of revising the law to allow for changing gender markers for transgender persons.
Discrimination on the grounds of sexual orientation and gender identity
The Macau government’s official position on non-discrimination on the basis of sexual orientation and gender identity is unclear. In 2018, in a press interview, deputy director of Education and Youth Affairs Bureau (DSEJ) said that students who show “indications of homosexuality” would be referred to psychiatrists for clinical examination.[2] During the same interview, the deputy director also promoted abstinence[3]. After a public outcry, the education bureau issued a statement promising “the promotion of respect for diversity”.[4]
In Macau, except in the area of employment[5], there are virtually no other legal protections from discrimination on the ground of sexual orientation.
The Macau Research Group and the New Macau Association suggest the UN Human Rights Committee ask Macau, China to clarify its position on non-discrimination on the grounds of sex, sexual orientation and gender identity across all government departments.
This article is an excerpt from a human rights report on Macau jointly submitted by the Macau Research Group and the New Macau Association to the UN Human Rights Committee in 2020. See here for the full report.
[1] “法律改革諮詢委員會第十八次全體會議”, DSRJDI, 1 July 2015, https://www.gov.mo/zh-hant/news/153237/.
[2] “Clinical exams for homosexual students,” Macau Closer (August 2018), https://macaucloser.com/en/magazine/clinical-exams-homosexual-students.
[3] Verbatim “Men do not like their future wives to have had sexual relations before marriage”.
[4] “教青局尊重多元價值 協助學生健康成長,” DSEJ, 19 August 2018, https://www.gov.mo/zh-hant/news/251738/.
[5] Law no. 7/2008 “Labour Relations Law,” art. 4.
