Portugal | www.non-discrimination.net

Introduction

The information contained on this page represents the situation as of 1 January 2012 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

Provisional results for the 2011 census, with reference to 21 March 2011, show that the Portuguese population numbers 10,561,614. Around 19% of the Portuguese population is aged 65 and over. There are approximately 340 immigrants per 1,000 inhabitants, and there are around 300,000 legally resident foreigners. As regards religion, the Catholic Church predominates with 94% of the population.

read complete article

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

read complete article

Enforcing the law

According to the Labour Code, 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’.

read complete article

Main legislation

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 ILO Convention 111 on Discrimination. In addition it has signed the Convention on the Rights of Persons with Disabilities.

read complete article

Material scope

Anti-discrimination provisions cover all the fields listed in the Directives, namely employment, social benefits, education, goods and services, and housing. Discrimination on the grounds of racial or ethnic origin, religion or belief, age, disability and sexual orientation are prohibited in employment and vocational training, including in prisons. Discrimination on the grounds of race or ethnic origin, colour, ancestry and nationality is also prohibited in relation to the exercise of any civil rights, liberties or social or cultural rights. With regard to employment, anti-discrimination provisions apply to both the public and private sectors.

Equality bodies

The core of the system to combat racial and ethnic discrimination is the ACIDI. It is the ACIDI’s responsibility 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.

The High Commissioner is assisted by the Comissão para a Igualdade e Contra a Discriminação Racial [Commission for Equality and Against Racial Discrimination (CEARD)], which is part of the High Commission, 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.

read complete article