LGBT+ Equality and Recognition

Discrimination against LGBT+ persons, lack of legal gender recognition for transgender people, and inadequate anti-discrimination protections

Information current as of: January 2023

Inadequate Anti-discrimination Legislation

Macau’s anti-discrimination legislation falls far short of international standards in protecting LGBT+ persons. Legal protection against discrimination on the ground of sexual orientation exists only in two narrow areas:

  • Treatment of job seekers and employees by employers, under Article 6 of the Labour Relations Law (Law no. 7/2008); and
  • Treatment of persons by officers of the Commission against Corruption, under Article 31-A of Law no. 10/2000 (as amended by Law no. 4/2012).

There is no protection against discrimination on the grounds of gender identity in any Macau law.

The “Social Consensus” Excuse

Macau officials and some community leaders have repeatedly invoked the claim of “a lack of social consensus” in response to calls for equal rights for LGBT+ persons. By international human rights standards, social consensus is not a prerequisite for the protection of minority rights. The Macau SAR Government has taken no proactive steps to promote social acceptance and understanding of LGBT+ persons.

Prevalence of Discrimination

According to the 2019 Macau LGBT+ Survey, LGBT+ persons in Macau perceive a high level of discrimination. On a scale of 1 to 10, the mean level of perceived discrimination was 7.17, with gay men experiencing the highest level (7.43).

In the same survey, respondents overwhelmingly agreed that laws and policies should be updated to provide equal or greater protection for LGBT+ persons in the areas of healthcare (90.8%), education (89.4%), housing (86.1%), public administration (85.1%), criminal law (79.6%) and gender recognition (73.0%).

The Macau SAR is the only jurisdiction in the People’s Republic of China that does not allow transgender persons to have their gender identity reflected on their identity documents. Since 2015, the Macau SAR Government has made no announcement regarding progress on changing the law to recognise transgender persons. The existence of a “working group on gender identity recognition”, which the government claimed to have established in 2017, was not publicly known until disclosed in its reply to the UN Human Rights Committee’s List of Issues.

Observations by UN Treaty Bodies

Human Rights Committee (July 2022)

The Committee was concerned that existing anti-discrimination laws do not provide protection against all forms of discrimination, and noted with concern reports of stigmatisation of and discriminatory attitudes towards LGBT+ persons. It urged Macau to adopt comprehensive anti-discrimination legislation covering sexual orientation and gender identity. (paras. 10–11)

The Committee regretted that Macau still does not allow transgender persons to change the gender marker on their identity documents, reportedly for lack of social consensus. It urged Macau to put in place a simple, transparent and accessible procedure for legal gender recognition. (paras. 12–13)

(CCPR/C/CHN-MAC/CO/2)

Recommendations

MRG has recommended that the relevant UN treaty bodies urge Macau, China to:

  • Recognise the international standard that “social consensus” is not a precondition for protecting LGBT+ persons from discrimination;
  • Incorporate the grounds of sexual orientation and gender identity in all Macau laws that contain anti-discrimination provisions;
  • Change the law to allow transgender persons to change the gender marker on birth certificates and identity documents;
  • Proactively promote social acceptance of LGBT+ persons and the diversity of sexual orientation and gender identity; and
  • Update laws and policies in the areas of healthcare, education, housing and public administration to provide equal protection.