Portugal has a population of around 10.6 million, and a relatively homogeneous society. The Census of March 2001 revealed 10,356,117 inhabitants, a 4.8 per cent increase over a decade (an increase of almost 500,000 individuals).

Racial discrimination is defined as “any distinction, exclusion, restriction or preference on the grounds of race, colour, ancestry, national or ethnic origin, which has the objective of, or results in invalidation or restriction of the recognition, enjoyment or exercise, in equal conditions, of rights, liberties or guarantees, or economic, social or cultural rights”. This definition is so broad that it also covers discrimination by association.

According to the Labour Code, only trade unions can act in support of the victim of any discrimination ground in administrative procedures for the imposition of fines. With regard to racial discrimination, Article 5 of Law 18/2004 states that “associations with the objective of combating discrimination based on racial or ethnic origin have the right to engage in judicial procedures on behalf or in support of the interested persons, with their approval”. The victim must give written authorisation. In case of minors or of persons under guardianship, the authorisation of parents or guardians is required.  NGOs can support victims in criminal judicial procedures but they cannot engage on behalf of or in support of victims in administrative procedures. Action by all associations is discretionary: they must decide what to do and in which cases to intervene. Associations may seek and obtain the same types of remedies when they act on behalf of the actual victims.