Portugal

Portugal’s mid-term assessment, in a similar vein as the former States, demonstrated assessed a high record of implemented recommendations: one fifth was not implemented, 38 percent was fully implemented, and 43 percent was partially

The State, the National Human Rights Institution and an international NGO participated. However, domestic civil society in Portugal was not involved in the UPR process. Civil society neither submitted a report to OHCHR nor participated in the Follow-up Programme.

24 percent of recommendations received and commented upon in the MIA were of action category 5, below the average among States presented in these case studies:

3.4.1. Racial discrimination

Fighting racism and intolerance is a priority for Portugal and many activities in these areas have taken place over the reporting period, including the continuation of efforts by [Alto Comissariado para a Imigração e Diálogo Intercultural] and notably within the II Plan for Immigrant Integration (2010-2013). Actions undertaken include TV and radio programs and the establishment of two annual prizes for media works promoting human rights and tolerance. Several publications on migration and asylum-related issues were launched and distributed, including the Portuguese versions of IOM Glossary on Migration and of “A Diversity toolkit for factual programs in public service television”, produced by the EU Agency for Fundamental Rights and based on which Portuguese public television (RTP) has developed a code of ethics. Specific workshops for media professionals on how to address migration issues were held throughout the country, as well as seminars for journalists on such areas as disabilities, immigration, diversity, asylum/refugees and violence. Furthermore, a list of migrants with prominent work in several areas, such as doctors, artists and lawyers, has been prepared and disseminated to media professionals. In 2011, the Commission for Equality and against Racial Discrimination (CICDR), which examines complaints of racial discrimination and issues recommendations thereon, publicly reaffirmed its 2006 recommendation for the media and law enforcement agencies to, inter alia, refrain from revealing a subject’s nationality, ethnicity, religion or immigrant legal status in official communications.

A training team on intercultural issues has been created to help public schools – and other actors– deal with an increasingly diverse student population by providing

as well as the implementation of a pilot project to help clarify the role of intercultural mediation agents (2011).

Portuguese law specifically establishes the crime of racial, religious or sex discrimination, which covers organized propaganda activities inciting to discrimination on the basis of race, color, ethnic or national origin, religion, sex or sexual orientation, as well as acts of violence, threats or defamation on the same basis and the denial of war crimes, crimes against peace or crimes against Humanity. Furthermore, racist motivation can be taken into account in the determination of the measure of penalty in relation to all crimes, thereby constituting a sort of general aggravating circumstance. All such offences are considered crimes of priority prevention and investigation. Police regularly monitors websites, web chatting rooms and other fora associated with violent extreme right groups. A special tool has been made available in CICDR website to facilitate complaints and speed up action against any blog or site disseminating racism.

In addition to measures outlined above, a series of measures was undertaken in 2010 and 2011 to sensitize against discrimination, including a national photo and video contest, the display of banners in soccer stadiums, a symposium on immigration and intercultural dialogue and the publication of a book on racist discourse in Portugal²⁷.

Portugal has a wide set of provisions that prohibit any form of discrimination based on race. In addition to article 13 of the Portuguese Constitution and the provisions of the ICERD, which Portugal has ratified, different laws strengthen this prohibition.

In the Portuguese Criminal Code, article 240 establishes the crime of racial, religious or sexual discrimination. Racial discrimination is also an aggravating circumstance to some crimes, such as homicide and bodily injury (articles 132 and 145), but there is no general provision considering it an aggravating circumstance.

27 Government of Portugal, Mid-term Implementation Assessment on Portugal

Law 20/96, of 6th July, allows communities of immigrants and other associations that defend the interests at stake to be assistants to the prosecutor in criminal proceedings relating to racist or xenophobic crimes. Law 18/2006, which transposed Council Directive 2000/43/EC, of 29th June, establishes a legal framework to combat ethnic and racial discrimination and creates an administrative complaints procedure. Law 134/99, of 28th August, prohibits discrimination in the exercise of rights based on race, colour, nationality or ethnic origin. The Labour Code and the Employment Contract in Public Functions Regime also include provisions regarding equality and non-discrimination. Finally, the Statutes of different police forces establish among the special duties of agents to act without discrimination based on descent, sex, race, language, territory of origin, religion, political or ideological convictions, education, economic situation or social condition or sexual orientation ²⁸.

3.4.2. Minorities

In line with EU decisions on this matter, the Portuguese authorities have drafted a National Strategy for the Integration of Roma Communities. The document gathered contributions from 8 ministries, local authorities, civil society organisations and representatives of Roma communities. It was submitted to public consultation from 28th December 2011 to 18th January 2012. In addition to the key-themes of Education, Access to Employment, Health and Housing, indicated by the EU, the Government added a cross-cutting priority area on issues of Citizenship, Fight against Discrimination, Gender Equality and Justice and Security. The draft Strategy envisages several measures aiming to ascertain the

training actions on small project management, by 2015); and to promote Roma culture and change public perception in relation to that community (e.g. implement at least 24 training/awareness raising actions aimed at a diversity of sectors of the population – Roma communities, professionals in various areas and decision-makers, amongst others, by 2020)²⁹.

The police [are] training agents to act as mediators in Roma communities, including as a means to encourage their civic participation, promote education and find appropriate response to the needs of Roma women. The Immigration and Borders Service (SEF) develops outreach programs to provide a whole range of services to such vulnerable groups as sick persons, children and the elderly (“SEF in Motion”), as well as to provide information to irregular migrant children attending school (“SEF goes to school”). The Ministry of Internal Affairs has adopted its first Sectorial Plan on Gender Equality, a main focus of which is to raise the awareness of staff (including police officers) to gender and sexual orientation issues. A working group on violence and hate crimes against LGBT people was established in partnership with security forces.

A Pilot Project for Municipal Mediators was launched in October 2009, whereby mediators, preferably of Roma origin and locally resident, are placed in local services or facilities and adequately trained, with the view to improve the access of the Roma communities to such services or facilities and prevent conflict situations. Roma communities obviously benefit from many of the measures in place for the general population, including Social Integration Allowance, housing programs, social protection schemes, including in school context, and access to the National Health Service. A Portuguese Strategy for the Inclusion of Roma Communities is now in preparation, focusing on 4 main areas: education, health, housing and employment³⁰.

29 Portugal’s Ombudsman, Mid-term Implementation Assessment on Portugal

30 Government of Portugal, op. cit.

3.4.3. Following up UPR recommendations

The process of follow-up to Portugal's UPR is carried out in the framework of the National Human Rights Commission, a governmental body working under the Ministry of Foreign Affairs that aims to ensure better coordination between ministries, both regarding the preparation of Portugal’s position in international organizations on human rights and the fulfilment of its obligations on this matter. It is composed of representatives of 12 governmental departments, but other public bodies may also participate in its work. Particularly, the Portuguese Ombudsman, in his capacity as National Human Rights Institution, has been invited to participate in plenary and working group meetings. The Commission may also invite representatives of NGOs and other elements of civil society to participate in its activity. To date, there have been 2 plenary meetings and a few working group meetings open to civil society representatives. Portugal's UPR midterm review report was discussed in one of those plenary meetings open to civil society³¹.

3.4.4. Women’s rights – domestic violence

The consolidation of the victim protection system is sought through such measures as: enhanced coordination between civil and criminal courts in divorce or child custody cases and in cases of domestic violence, with the view to prevent revictimization; standardization of procedures for reporting and collecting information, including the creation of a database; improvement of screening and diagnostic mechanisms, namely for pregnant women; dissemination of pilot projects in the areas of health, remote assistance to victims and mutual support groups; provision of shelters to victims within existing social responses; and facilitation of victims’ access to housing (such cases are already considered a priority in some re-housing

vulnerable victims such as elderly persons, migrants, children, persons with disabilities and LGBT, and the promotion of victims’ access to professional training and the labor market through the appointment of focal points in employment centers.

There are also measures to prevent the recurrence of domestic violence by working with perpetrators (the National Plan requires that prisons implement specific individualized programs to this effect), providing adequate training to all relevant professionals, and researching on and monitoring the problem of domestic violence.

The II Plan for Immigrant Integration seeks to guarantee that migrants victims of, inter alia, domestic violence receive legal support, and that autonomous residence permits can be granted to members of reunified families who are victims of domestic violence. It also aims at preventing all forms of gender violence, including domestic violence and FGM, namely by providing information to men and women, producing information materials in several languages, creating discussion fora and using the media.

A number of measures 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 and an important milestone since it introduces such important measures as: the recognition of the status of victim (to all alleged victims no sooner than domestic violence is reported, provided that there is no strong evidence that such claim is unfounded); the urgent nature of domestic violence proceedings; the use of technical means to remotely control perpetrators and assist victims; the possibility to arrest the perpetrator even if not caught in the act; the right of victims to redress; and the provision of legal, medical, social and labor support.

Legal counseling to victims of domestic violence shall be provided by a lawyer appointed by the Bar Association, upon request from social security services.

The Code of Criminal Procedure now expressly requires that Public Prosecution informs victims of, inter alia, domestic violence of available public and private support services and of compensation options at their disposal. A Commission for the Protection of Crime Victims has been created in October 2010 with the mandate to ensure advance payment of compensation by the State to victims of violent crimes and domestic violence. The victim shall be informed of the main judicial decisions

affecting the aggressor’s status. The use of video surveillance methods (both as an injunction and a penalty) shall take into account the compatibility of such methods with the victim’s circumstances, and victim support services shall be informed of relevant details concerning the implementation of such methods. Police forces are also making efforts to closely monitor the problem of domestic violence and a national project (Project IAVE) is being implemented with the view to protect and support, inter alia, women, children, the elderly and persons with disabilities³².