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Introduction

The information contained on this page represents the situation as of 31 December 2009 and is a summary of the country report produced by the country expert from the network. The summary can be downloaded here as well.

Contact:
Manuel Malheiros
E-mail: manuelmalheiros@hotmail.com

 

Country context

Portugal has a population of around 10.6 million inhabitants and has a relatively homogeneous society. The Census of March 2001 indicated 10,356,117 residents, a value corresponding to an increase of 4.8 per cent for the decade (an increase of almost 500,000 individuals).

Main principles and definitions

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 the invalidation or restriction of the recognition, enjoyment or exercise, in conditions of equality, of rights, liberties or guarantees, or economic, social or cultural rights’. This definition is so broad that it also covers discrimination by association.

Enforcing the law

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. In 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’.

Main legislation

Portuguese Constitutional principles go beyond the areas covered by the Directives.

Portugal has ratified the European Convention on Human Rights (ECHR), the Convention on the Elimination of All Forms of Racial Discrimination, the Revised European Social Charter, the Convention on the Elimination of Discrimination against Women, the International Covenant on Civil and Political Rights, the International Convention on Economic, Social and Cultural Rights and the ILO Convention no. 111 on Discrimination, and has signed the Convention on the Rights of Persons with Disabilities.

Material scope

Equality bodies

The core of the system to combat racial and ethnic discrimination is ACIDI. It is now the responsibility of ACIDI to promote equality of treatment among all persons, without any discrimination on grounds of racial or ethnic origin, and also to promote dialogue with and integration of immigrants, ethnic minorities and religions existing in the country. All the other competences of the former ACIME continue in the new ACIDI. ACIDI is governed by Decree-law 167/2007 of 03 May 2007 (1), which approves the organisational structure of ACIDI I.P.

In particular, it is the competence of to coordinate the ‘Programa Escolhas’ [‘Choices Programme’], the Estrutura de Missão para o Diálogo com as Religiões [Structure for the Promotion of Religious Dialogue] and the Secretariado Entreculturas [Intercultural Secretariat].

The High Commissioner is assisted by the Comissão para a Igualdade e Contra a Discriminação Racial (CICDR) [Commission for Equality and Against Racial Discrimination (CEARD)], which is part of ACIDI, but a distinct body which only has power to issue advisory opinions. It does not have the power to bring any cases before the courts or to assist complainants in doing this.

Go to the European Commission - Employment, Social Affairs and Equal Opportunities This initiative is financed by the EC Programme Progress. But the views expressed in this website do not necessarily reflect the official views of the EU institutions.