UPR Sexual Rights Database

National Report:
Para 7) A number of comprehensive human rights policy instruments have been approved: the 4th and 5th National Plans against Domestic/Gender-Based Violence (2011-2013 and 2014-2017)

Para 11) Within the Council of Europe framework, Portugal ratified ... the Convention on Preventing and Combating Violence against Women and Domestic Violence.

Para 32) In February 2013, legal amendments were introduced in order to extend the concept of domestic violence to dating and other intimate relationships without cohabitation. Concerning issues of "prosecution and punishment", we recall that Portugal has accepted recommendations 103.5 and 103.6 "on the understanding that they are to be interpreted as meaning that the Government accepts to facilitate prosecution and sanction through the enactment and implementation of legislation and other administrative measures". Data on the relationship between defendant and victim in murder crimes are now collected, and efforts have been made to standardise reporting and data collection procedures (in courts, prosecution services and police stations) concerning victims of domestic violence, results of investigations and final court decisions, including the creation of a website and a database.

Para 33) Special teams to investigate crimes of domestic violence, to undertake preventive action and to deal with victims in police stations have been established. Public prosecution is developing integrated responses to accelerate the investigation of crimes of domestic violence and adequately protect victims, including women, children and the elderly. Guidelines and technical assistance are being provided to help courts assess the risk of re- occurrence of domestic violence. Violence against elderly women has recently been an issue of particular focus, with the active participation of law enforcement agencies and public prosecutors in the EU Project "Mind the Gap" (comprising research, awareness- raising and training activities, and exchange of best practices).

Para 34) Prevention efforts include measures to reduce social acceptance of domestic and gender-based violence, promote equality, eliminate gender stereotypes and empower women and girls, such as annual awareness-raising campaigns to inform women of their rights and promote their ability to report. Specific training sessions have been provided to, inter alia, social workers, public prosecutors, security forces, teachers and medical staff.

Para 35) Measures have been adopted in the area of forensic medicine, such as training courses for medical experts dealing with domestic violence cases, scientific meetings, protocols to coordinate interventions in this area and the creation of a dedicated hospital unit, with specific rules of procedure, to help victims.

Para 37) A number of provisions have been introduced to regulate aspects covered by the Act on the prevention of domestic violence and on the protection of and assistance to its victims, adopted in September 2009. These include the recognition of the status of victim (to all alleged victims as soon as a domestic violence incident is reported); the urgent nature of domestic violence proceedings (a Constitutional Court decision of 2012 has underlined the urgent nature of these cases); the use of remote surveillance means to control perpetrators (mandatory since February 2013); possibility to arrest perpetrators even if not caught in the act ...

Para 38) Prevention of re-offending through work with perpetrators is an innovative area of intervention: a pilot project in this area has been extended in order to cover the entire Portuguese territory and programmes are ongoing, within and outside prisons, to rehabilitate and reintegrate such offenders, including through the implementation of individualised plans.

Para 41) A nationwide prevention and victim protection strategy was implemented in the last decade, in partnership with civil society. This strategy included annual information campaigns: in 2010, the focus was on encouraging reporting of domestic violence; in 2011 on marital homicides; and in 2012 on vicarious victimisation. Measures adopted by law enforcement agencies, namely within community policing strategies, include an increase in the number of agents in victim-support teams, the creation and improvement of dedicated facilities for victims in police stations, and activities undertaken within the "Safe School" programme. Initiatives specifically targeted at children and youngsters include the introduction in school curricula, from the earliest grades, of contents relating to gender equality, domestic and gender-based violence.

National Report:
Para 13) As of January 2019, and following a Council of Ministers decision, all official documents from the Administration must use the expression “Human Rights” (Direitos Humanos/ Droits Humains) rather than “Rights of Man” (Direitos do Homem/ Droits de l’Homme). This is a further step towards equality and inclusiveness.
Para 75) In February 2019, Parliament approved a Government bill that amends the “Parity Law” to increase to 40% the threshold of the under-represented sex in the lists of candidates to the National Parliament, European Parliament, elective bodies of municipalities, and members of the Parish Councils.
Para 76) An innovative work-life balance programme was launched in December 2018 to foster conditions for women and men to be able to balance professional, personal and family life. Portugal negotiated new funding from EEA Grants102 that secured 7M€ for projects to promote WLB …
Para 77) Government has been gradually implementing gender budgeting. The 2019 State Budget establishes that all public administration services and bodies’ budgets integrate a gender perspective, and should identify which programmes, activities or measures will be subject to gender impact analysis in 2019.
Para 78) The 2019 State Budget states that Government should develop support measures for informal caregivers, namely by reinforcing their social protection and providing training.
Para 79) The following measures illustrate Portugal’s commitment to fight women’s discrimination in the workplace: • Law 60/2018 approved measures to promote equal pay for men and women for equal work and work of equal value; • Law 62/2017 defines minimum thresholds of both sexes in boards and supervisory bodies of public (33%) and listed companies (20% as from 2018 and 33% as from 2020). These companies must draw up and publish annual equality plans; • In February 2019, Parliament approved a Government bill that sets a minimum of 40% of both sexes in public administration senior officials, managing bodies of public higher education institutions; professional and public associations; • Decree-Law 84/2015 provides for financial support to employers that hire unemployed jobseekers of the under-represented sex in a particular occupation; • Two new web tools (a self-assessment survey and a gender pay gap calculator) by the Commission for Equality in Labour and Employment that enable companies to analyse their personnel pay structure and understand whether the pay differences are gender-based; • A Time Use Survey project that collected data on the time used on paid and unpaid work by men and women; • In 2014, the project “Sexual and Moral Harassment in the Workplace” collected data and raised awareness on moral and sexual harassment in the labour market; • Law 73/2017 reinforces the regime on the prevention of harassment at work.
Para 80) The Portuguese Authority for Labour Conditions carries out inspections (in 2017: to 86 entities, covering a total of 2.532 workers); organises awareness-raising initiatives on equality and non-discrimination directed to students, workers, employers and civil society; has a hotline phone number and its website contains specific information on these topics.
Para 130) Continuous investment in childcare services is a priority: the coverage rate for early childhood (0–3 years) went from 20.3% in 2000 to 49.2% in 2014 and 51.1% in 2015; family allowances for children in single parent families, family benefits and child benefits have been increased and parental rights have been reinforced by allowing the initial parental leave, between 120 and 150 days, to be enjoyed simultaneously by the two parents. The father's initial parental allowance was extended from 10 to 15 days.
Para 168) … There is a table of compulsory topics for all education levels, including HR, gender equality, …

UN Compilation:
Para 8) CEDAW … welcomed efforts to improve the institutional and policy framework aimed at accelerating the elimination of discrimination against women and promoting gender equality.

Stakeholder Summary:
Para 13) The European Union Agency for Fundamental Rights (EU-FRA) mentioned that the Penal Code was amended to punish with imprisonment ranging between six months and five years, anybody who established an organisation or developed propaganda activities inciting discrimination, hatred or violence against a person or group of persons because of their … sex, gender, …
Para 39) … CoE-ECSR referred to the right to equal opportunities and treatment in employment and occupation without sex discrimination and noted that in equal pay cases, legislation only permitted comparisons of pay between employees working for the same company.
Para 55) CoE-ACFC noted with satisfaction efforts to promote gender equality within the Roma community by promoting women’s professional skills which were considered as essential conditions for women’s empowerment, both within Roma communities and in society as a whole.