General Assembly A

GE.09-

A

General Assembly ^Distr.

GENERAL

A/HRC/WG.6/6/PRT/1 4 September 2009

Original: ENGLISH

HUMAN RIGHTS COUNCIL

Working Group on the Universal Periodic Review Sixth session

Geneva, 30 November-11 December 2009

NATIONAL REPORT SUBMITTED IN ACCORDANCE WITH PARAGRAPH 15 (A) OF THE ANNEX TO HUMAN RIGHTS COUNCIL RESOLUTION 5/1

Portugal

* The present document was not edited before being sent to the United Nations translation services.

I. PREPARATION OF THE NATIONAL REPORT

1. The Ministry of Foreign Affairs was responsible for preparing and coordinating Portugal’s national report submitted for periodic review to the Human Rights Council of the United Nations (HRC). To this end, it relied on extensive contributions from all the relevant ministries and governmental institutions.

2. In order to avoid duplication and to optimise the use of existing mechanisms, the information for the present report was collected through the inter-ministerial Working Group (WG) tasked with the elaboration of the national reports to the United Nations human rights treaty bodies. This WG is coordinated by the Ministry of Foreign Affairs and includes several governmental departments

. Each department appointed a focal point, who was responsible for coordinating its own contribution and that of subordinate bodies.

3. The elaboration of this national report was an opportunity for all participants to examine measures taken to implement Portugal’s human rights obligations and the progresses achieved in this regard in addition to outstanding challenges, as well as to increase the awareness of various actors concerning international commitments undertaken by Portugal which require the adoption of measures within the respective field of competence. It is intended that this structure remains in place during the process of examination and thereafter to consider measures to be adopted in the follow-up to the HRC recommendations and conclusions.

4. The Portuguese civil society was also consulted, having contributed to the present report. Their contributions were collected through a meeting held with all the interested non- governmental organisations during the drafting of the report, allowing them to express their views on Portugal’s human rights situation and to put forward proposals on how to improve it and ensure effective implementation of human rights. The representatives of the non-

governmental organisations were given the opportunity to comment on the present report and to formulate suggestions that were and will be considered before its presentation at the sixth session of the Universal Periodic Review (UPR) Working Group. The consultation process will therefore continue to be carried out until the presentation and in the follow-up phase.

II. BACKGROUND AND FRAMEWORK FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS IN PORTUGAL

A. Historical background

5. The restoration of democracy in 1974 opened a new era for the promotion and protection of human rights in the country as well as a renewed role in the international community as to the promotion of these fundamental values and principles.

6. The cultural and social make up of the Portuguese people, a product of national history,

has emphasized its capacity for dialogue with other cultures and peoples, making it possible

for different cultural and religious systems to coexist and interact in a modern, democratic and

pluralistic intercultural society.

B. Constitutional structure

7. The structure of the Portuguese State is based on the Constitution adopted on 2 April 1976 by the Constituent Assembly.

8. The Constitution of the Portuguese Republic (CPR), which has been submitted to seven revisions, the last in 2005, establishes a sovereign democratic State based on “the dignity of the human person and the will of the people and committed to building a freer, more just and fraternal society”.

9. The Portuguese Constitution contains an extensive catalogue of “rights, freedoms and guarantees” and of “economic, social and cultural rights” (arts. 24-79 CPR), enshrining many civil, cultural, economic, political and social rights provided for in international human rights treaties.

10. Constitutional and legal provisions concerning fundamental rights are to be interpreted and integrated in accordance with the Universal Declaration of Human Rights, as expressly stated by article 16 (2) CPR. As such, the principles set forth in the Universal Declaration of Human Rights are to be construed as being fully in force within the Portuguese territory, and directly applicable and binding on public and private bodies. Any legislation that contravenes the Declaration is prohibited.

11. Furthermore, the Constitution consecrates a system of integration of International Law into Portuguese domestic law by which norms and principles of general or common international law are an integral part of Portuguese law. Moreover, norms contained in regularly ratified or approved international conventions are in force domestically provided that they have been published in the Official Journal and while they are binding upon Portugal at the international level (art. 8 (1) and (2) CPR). The status of treaty law, which is that of ordinary international law, is below the Constitution but above ordinary legislation. This means that all human rights enshrined in the international instruments to which Portugal is a party apply directly and are directly binding on all public and private bodies (art. 18 of the CPR) following their official publication. This also means that international law norms – notably in the area of human rights – can and are invoked directly before national courts.

C. Political and legal framework of the State

12. There are four bodies that exercise sovereign power: the President of the Republic; the Parliament (Assembly of the Republic); the Government and the Judiciary (art. 110 CPR).

The political system in place is semi-presidential. Article 111 of the Constitution ensures the separation of powers between the legislative, executive and judicial branches.

13. Churches and other religious communities shall be separate from the State and free to organise themselves and to perform their ceremonies and their worship (art. 41 CPR).

14. Portugal is a member of the European Union, applying directly applicable community

legislation.

15. Portugal is a civil law country, influenced by the Romano-Germanic legal tradition. In addition to the Constitution, the Portuguese legal system is primarily based on the Civil Code, applied by courts in accordance with the Code of Civil Procedure.

16. The four main bodies that exercise sovereign power in Portugal are all responsible for the promotion and protection of human rights, in their own field of competence: the President of the Republic is personally responsible for asking the Constitutional Court to review the constitutionality of rules laid down by laws and executive laws and in international agreements;

the Assembly of the Republic is exclusively responsible for legislating on rights, freedoms and guarantees and has a specialized Commission – on Constitutional Matters, Rights, Freedoms and Guarantees – which is specifically competent in human rights matters; the Government is responsible for the implementation of its policies on the various areas of governance; Portuguese Courts are responsible for the administration of justice, and guarantee the defence of the citizen’s rights and interests protected by law, repressing eventual breaches of the democratic rule of law, and ruling on conflicts between interests, public and private. The Constitutional Court is

specifically responsible for controlling the constitutionality of rules or other acts of the authorities.

17. The Portuguese legal system encompasses both judicial and non-judicial mechanisms for the protection of the rights and freedoms of every individual.

18. Regarding judicial protection, the CPR enshrines the principle of an effective judicial protection, guaranteeing everyone access to courts in order to defend his or her rights and providing that justice cannot be denied to anyone due to lack of financial means. The law shall also ensure expedite and priority legal proceedings with the aim of assuring effective and timely judicial protection against threats to or violations of personal fundamental rights, freedoms and guarantees.

19. The main principles of the Portuguese criminal justice system are laid down in the CPR, which guarantees the principles of legality and non-retroactivity in the enforcement of criminal law, except if the new provisions are more favourable to the defendant. No one can stand trial more than once for the same crime and the CPR guarantees the right to the review of sentences and compensation for damages suffered (art. 29 CPR). Sentences or security measures of a perpetual nature, unlimited or undefined duration are prohibited and criminal liability is non- transferable. No sentence results automatically in the loss of any civil, professional or political right (art. 30 CPR). The Criminal Code also recognizes the principles of nulla poena sine culpa and proportionality, and therefore in no case can the sentence go beyond the measure of guilt.

20. The death penalty is expressly prohibited under article 24 (2) of the CPR. It was first abolished for political crimes in 1852 and in 1867 for all crimes, except those of a military nature. The 1911 Constitution abolished it for all crimes, but it was re-introduced in 1916 for crimes committed in the field of operations. It was definitely abolished with the entry into force of the 1976 Constitution. The last confirmed execution for the commission of a political crime took place in 1834 and in 1846 for a civil crime.

21. The CPR guarantees freedom of association and the right to all citizens to freely associate

with one another without requiring any authorisation, on condition that such associations are not

intended to promote violence and their purposes are not contrary to criminal law. The

Constitution further provides that associations shall pursue their purposes freely and without interference from the public authorities and shall not be dissolved by the State or have their activities suspended, except in such cases as the law may provide for and then only by judicial order.

D. Human Rights Framework

22. Under article 52 of the Constitution, all citizens may, individually or collectively, submit petitions, representations, claims or complaints to the organs of sovereignty or to any other authority, for the purpose of defending their rights, the Constitution, the law or the general interest. To that end, a number of offices and departments have been set up with the

responsibility, within the limits of their competence, of promoting, protecting and publicizing human rights.

E. Ombudsman

23. Of these, the one that more closely performs the function of a national human rights institution is the Ombudsman (Provedor de Justiça).

24. The Ombudsman’s office is an independent body dedicated to the defence of the

fundamental rights and legitimate interests of citizens, through informal methods which ensure the legality and justice of the Public administration’s performance. The public bodies and agents are required to cooperate with the Ombudsman in the fulfilment of his/her mission.

25. According to the Constitution (art. 23 CPR), citizens may submit to the Ombudsman, orally or in writing, complaints against actions or omissions by the public authorities. The Ombudsman shall assess and send the competent bodies such recommendations as may be necessary in order to prevent or redress any injustices. In addition, the Ombudsman must:

(a) Recommend ways in which to correct the illegal or unjust acts or to improve the services of the administration; (b) Draw attention to any flaws in legislation and request an evaluation of the legality or unconstitutionality of any provision whatsoever; (c) Give opinions on all questions which are put to him by the Assembly of the Republic; and (d) Ensure the dissemination of information on the fundamental rights and freedoms, their content and value and on the objectives of his activities.

26. The Ombudsman may order the publication of communiqués or information bulletins on his/her findings, making use of the mass media whenever necessary. Furthermore, he/she submits a public annual report on his activities to the Assembly of the Republic. The report includes statistical data on the number and nature of the complaints lodged, the allegations of unconstitutionality submitted and any recommendations he has made.

F. Other national institutions and machinery with responsibilities for overseeing the implementation of human rights

27. The fundamental duties of the Office of the Attorney-General’s Department are:

(a) To represent the State, legally incapable persons and missing persons;

(b) To represent workers and their families ex officio in the protection of their social rights. One of the most important areas of intervention of the Attorney-General’s Department is that of minors, either in respect of the proceedings brought before the domestic courts in such cases as adoption, parental responsibility, alimony or in respect of the Juvenile Court and the application of protection, assistance or education measures;

(c) To institute criminal proceedings;

(d) To promote and coordinate the actions for the prevention of crime; and (e) To defend democratic legality.

28. The Attorney-General’s Department must also ensure full compliance with the law, not only by State organs but also by the citizens in general. Its action may be either preventive or concerned with violations of the law. In the first case, the Advisory Council of the Attorney- General’s office, and its representatives in the ministries, give legal opinions on bills, on the compatibility of international conventions or agreements with Portuguese legislation, and on the existence of any flaws or contradictions in legal texts. In the second case, the Attorney-General’s Department ensures that the jurisdictional function is being exercised in conformity with the Constitution and the law, monitors the work of the judicial officers and lodges appeals against any court decisions taken in express violation of the law.

29. The Attorney-General’s Department has established under its direct control the Office of Documentation and Comparative Law. The purpose of this Office is to ensure and facilitate the access of legal professionals to foreign, international and European law and it has been given the responsibility of establishing a documentation centre on human rights and international, foreign and European law. The Office also gives legal advice to the Government or Parliament regarding the international protection of human rights, namely in negotiations of international instruments in this area and in the preparation of new legislation.

30. The Office also has a webpage containing information regarding the work of the United Nations in the area of human rights in Portuguese, as well as the text of all reports presented by Portugal to Treaty Monitoring Bodies (and the Summary Records of the reports’ presentations, as well as the respective Concluding Observations). The Office has also translated into

Portuguese and made available on its webpage the Collection of Fact Sheets, as well as the Professional Training Series of the Office of the High Commissioner for Human Rights. The Office webpage provides information on how to present complaints before the United Nations Treaty Bodies, as well as before the European Court of Human Rights. It also contains a database of all treaties to which Portugal is a State Party, including the respective Portuguese text of those that are human rights.

31. The Commission for Citizenship and Gender Equality is responsible for ensuring the

implementation of government policies in the area of citizenship and for the promotion and

protection of gender equality. It reports to the Secretary of State of the Presidency of the Council

of Ministers. Its duties also include promoting citizenship, making general recommendations on

good practices in fostering gender equality and receiving and referring complaints on gender-

based discrimination or violence.

32. The Inspectorate-General of Home Affairs is a central high level body of audit,

inspection and supervision of all the forces and entities of the Ministry of Interior, which covers all the national territory. It has the power to control the legality and to defend the citizens’ rights and to investigate all allegations brought to its knowledge on serious violation of the citizens’

rights by the services or their agents. In addition it shall analyse all complaints, claims and denunciations reported concerning violations of legality, as well as to carry out inquiries and investigations and disciplinary cases decided by the Inspector-General, and to initiate and help initiate cases within the scope of action of the services involved. Moreover, the Inspectorate- General of Home Affairs shall report to the competent criminal investigation bodies the facts with criminal relevance and shall cooperate with them, whenever requested, in order to obtain evidence. To insure its independence, the law stipulates that the Inspectorate-General of Home Affairs must be headed by a senior magistrate – the minimum requirement being a Judge of Appeal or a Deputy Public Prosecutor.

33. The Commission for the Protection of Crime Victims is a public agency under the Ministry of Justice, responsible for conducting preparatory inquiries and collecting evidence regarding requests for compensation by the State submitted by victims of violent crimes. It has also competence for the consideration of compensation submitted by victims of domestic violence.

34. The National Rehabilitation Institute is a public agency that reports to the Ministry of Labour and Social Solidarity. Its main purpose is to ensure planning, execution and co-ordination of national policies which promote the rights of persons with disabilities, leading to their

effective inclusion in all domains of social life. Its role and competences have been substantially strengthened since 2006, with the adoption of legislation which prohibits and punishes

discrimination based on disability and on the existence of health aggravated risk.

35. The National Commission for the Protection of Children and Youngsters at Risk aims to co-ordinate, follow-up and assess the activities of public bodies and community agencies involved in the protection of children and young people at risk. It was created under the aegis of the Ministry of Justice and the Ministry of Labour and Social Solidarity and is responsible, i.e. for the identification of children who are especially vulnerable. The dissemination of the Commissions’ Functional Model at the local level has already achieved a national coverage rate which will soon exceed 90 per cent. Presently, there are 276 Commissions in a universe of 308 local municipalities, and 10 more are being setup.

36. The High Commission for Immigration and Intercultural Dialogue is the public

institute competent in the fight against discrimination based on race, colour, nationality or ethnic origin. The High Commission’s mandate is to contribute to build a society which promotes the integration of immigrants in the Portuguese society as well as intercultural dialogue.

It acknowledges immigrants’ economic, social and cultural contributions, and encourages

immigrants to participate in the definition of integration policies.

III. PROMOTION AND PROTECTION OF HUMAN RIGHTS ON THE GROUND A. Ratification of international human rights instruments

37. Portugal actively promotes respect for human rights worldwide and considers the United Nations the most important forum for multilateral cooperation. The purposes and principles of the Charter of the United Nations are the guiding principles of the Portuguese foreign policy and action. The Universal Declaration of Human Rights is the cornerstone of the constitutional architecture of the promotion and protection of fundamental rights.

38. This commitment has been translated into the signature and ratification or adherence to a large number of international human rights instruments, including six core UN Human Rights instruments – the two International Covenants on Civil and Political (ICCPR) and Economic, Social and Cultural Rights (ICESCR), the Conventions for the Elimination of Racial

Discrimination and Discrimination against Women (CEDAW), the Convention on the Rights of the Child (CRC) and the Convention against Torture (CAT) – without any reservations.

39. In each case, and having ratified the relevant Optional Protocols, Portugal recognises the full range of the Committees’ competences to monitor the implementation of these core international human rights treaties, including the powers to examine individual and inter-State communications, and to undertake inquiry procedures. Portugal is also a State party to the Second Optional Protocol to ICCPR, concerning the abolition of the death penalty and to both Optional Protocols to the CRC.

40. More recently, Portugal has equally completed the internal ratification procedures of the United Nations Convention on the Rights of Persons with Disabilities and its Optional Protocol and will deposit both instruments of ratification, without any reservations, during the upcoming Treaty Event, to be held in New York between 23

and 28

September 2009. Portugal gives great priority to the implementation of both these instruments, which are an historic benchmark in affirming the universality, the interdependency and the indivisibility of the rights of persons with disabilities.

41. Portugal has also signed the United Nations Convention on Enforced Disappearances in February 2007 and is currently completing the internal ratification procedures in order to ratify this core human rights Treaty as soon as possible.

42. Portugal has ratified the 1951 Geneva Convention relating to the Status of Refugees and its 1967 Protocol.

43. Portugal is equally a party to the Rome Statute of the International Criminal Court and recognizes as compulsory the jurisdiction of the International Court of Justice having made the declaration under article 36.2 of the Statute of the Court.

44. Portugal is a member of the Council of Europe and a party to the European Convention on

Human Rights. It is also a party to the Revised European Social Charter. Portugal accepts the

jurisdiction of the European Court of Human Rights and recognizes the competence of both the

European Committees on Social Rights and for the Prevention of Torture. The International

Labour Organization (ILO) and United Nations Educational Scientific and Cultural Organization (UNESCO) procedures are also recognized.

45. Portugal, as an active member of the European Union and other regional organizations such as the Council of Europe and the Organization for Security and Cooperation in Europe that share similar core values, is also naturally very committed to ensure, at the regional level, the respect for the fundamental values of human rights, democracy and the rule of law and to create a tolerant and pluralistic European society. As a member of the Community of Portuguese Speaking Countries (CPLP), which contains in its statutes a clear commitment to the promotion and protection of human rights, Portugal also works together with his Africans, American and Asian partners to pursue the same values in the working agenda of this Organization.

B. Cooperation with the Human Rights Council, the Special procedures and the Office of the High Commissioner for Human Rights (OHCHR)

46. Portugal fully supports the work of the Human Rights Council and has been a very active delegation since this new body began its work, striving for the promotion and protection of all human rights in all parts of the world, trying to bridge differences and to use dialogue as a way to advance this noble objective. With the experience of its committed engagement in the former Commission of Human Rights, Portugal presented its candidacy to founding member of the Council. Despite not having been elected, Portugal remains faithful to its pledge of contributing to making the Council an efficient and effective body of the United Nations and has so far been the main sponsor of two initiatives: one on economic, social and cultural rights and another on the right to education.

47. Portugal also fully supports the Special procedures system and is committed to work in cooperation with them, having extended a permanent invitation to all Special procedures to examine its national human rights situation. Portugal was the main sponsor of an initiative that successfully established the Special Rapporteur on the Right to Education in 1998.

48. Portugal deeply values the work of the OHRCH and will continue to support its work and to make a non-earmarked voluntary contribution to its annual budget. Portugal pays tribute to the work of the all present and former High Commissioners and to their leadership in integrating human rights throughout the work of the United Nations, in field operations, UN peacekeeping missions and country teams. Portugal remains convinced that the mainstreaming of human rights into the United Nations system enhances the effectiveness of the Organization as a whole.

IV. IDENTIFICATION OF ACHIEVEMENTS, BEST PRACTICES, CHALLENGES AND CONSTRAINTS

A. International Human Rights Instruments

49. Portugal pledged in 2006 to give “greater attention at international level to the

implementation of economic, social and cultural rights, namely through the support given to the

process aimed at elaborating an Optional Protocol to the International Covenant on Economic,

Social and Cultural Rights”.

50. This Optional Protocol was successfully concluded in May 2008 and formally adopted by consensus by the Human Rights Council in June 2008 and the General Assembly on the 10

of December of 2008, date of the 60

anniversary of the Universal Declaration on Human Rights.

51. Portugal will sign the Optional Protocol at the ceremony of opening to signature that will take place during the Treaty Event, in New York, on the 24

September 2009 and is encouraging all other Member States to do likewise. In line with the conviction that this new instrument represents a major advancement in human rights law bringing closer the aim of full realization of all human rights for all, Portugal will continue to work actively towards the speedily entering into force of the Optional Protocol.

52. Portugal has not yet been able to fulfil its pledge to ratify the Optional Protocol to the Convention against Torture, which it signed on 15 February 2006. Internal consultations between the relevant Ministries (Justice, Home Affairs and Health) are ongoing in view of setting up or designating an already existing body as the national preventive mechanism. We welcome the opportunity provided by the UPR to learn from other Member States that have already become parties to this instrument or are in the process of doing so about their experiences and best practices on this question.

B. National machinery for Human Rights

53. Despite the clearly positive overall balance of the Ombudsman’s performance in promoting and protecting human rights at the national level, Portugal remains committed to create a national institution with the overall function of monitoring the implementation of international human rights obligations, as this would bring added value to the national machinery.

C. Economic, Social and Cultural Rights

54. The Portuguese Constitution devotes over 20 articles to the recognition and protection of economic, social and cultural rights. The equal emphasis put in the promotion of these rights as well as of civil and political ones has, therefore, been an important priority also at the national level. The current situation of economic and financial crisis has increased the strain on the full realization of these rights. Policies have been adopted with the aim of achieving a renewed social commitment that combines fostering economic competitiveness with enhanced social justice and cohesion.

55. The main measures of the social protection reforms comprise the reform of unemployment benefits, pension reform and facing the problem of inequalities and poverty. In this respect, the Agreement on Social Security Reform, signed in October 2006 with a view to achieving the economic, financial and social sustainability of the Portuguese Public Social Security System;

the revision of the legal rules governing protection during unemployment; the implementation

of the Solidarity Supplement for the Elderly; the Social Integration Income; the Social Facility

Network Expansion Programme; and the Programme for Supporting Investment in Social

Facilities are all examples of the advances that have been made to launch of a new generation

of social policies.

56. An important dimension of the adopted reforms is the strengthening of instruments to tackle poverty and exclusion. A paramount example in the social protection field was the creation of the. It is a benefit designed to fight poverty among the elderly, incorporated into the solidarity subsystem and intended for pensioners age of 65 and over. 70,400 older people (the majority of whom were women) were benefiting from this measure at the end of the first quarter Solidarity Supplement for the Elderly of 2008.

57. Furthermore, access to the network of social services and facilities is of major importance.

The Social Facility Network Expansion Programme is designed to support the expansion, development and consolidation of the Solidarity Network of social facilities, with particular emphasis on the creation of new places in nurseries, homes for the elderly, home support services, and daycare centers, and also facilities for persons with disabilities or incapacity.

The Government expects this Programme to create around 10,300 new jobs together with 1,390 social places for persons with disabilities or incapacity until the end of 2009. When it comes to the facilities and social responses aimed at the elderly population, 27,139 new places for older citizens had been created by the beginning of 2008.

58. The Portuguese Government has also structured a set of incentives to promote a higher birth rate and to provide support to children, an intervention we see as strategic for the economic and social development of the country. Thus, another priority area is being the strengthening of protection during parenthood with innovations not just in terms of the duration and amounts of guaranteed benefits, but also in situations to promote shared responsibilities and facilitate reconciling work and family life.

59. Overall, the reforms in various fields of social protection have increased the financial sustainability of the system and improved its social justice and adequacy components, thus promoting social cohesion.

60. Of particular notice is the fact that all social measures aiming at strengthening the

enjoyment of economic, social and cultural rights have been designed with a gender perspective.

The National Employment Plan 2005-2008 presents equal opportunities as a transversal issue and works towards an inclusive labour market that promotes equal opportunities for all,

rehabilitation and reinsertion, reconciliation between professional, family and private life and gender equality, namely through qualification, employment and social cohesion. It included quantitative targets to increase the female employment rate – from 61.7 per cent in 2004 to 63 per cent in 2008 – a goal that was exceeded, and the enlargement of childcare equipments.

61. In the same way, the initiative New Opportunities, launched in September 2005, relies on a set of strategic measures of education, training and certification towards the qualification of young people and adults by enabling them to achieve a minimum standard level of education of at least 9 schooling years. By the end of 2008, 789,205 adults had been covered by this initiative, with a feminisation rate of 54 per cent of the registered adults and 25 per cent of certified adults.

D. Gender Equality

62. Portugal is undergoing a period of strengthening of its Gender Equality policies. The

budget for the promotion of gender equality policies has been considerably reinforced for the

period ranging from 2007 to 2013, with the creation of a specific funding line for the promotion

of gender equality. This line has a total funding of 83 million euros distributed among 7 areas, including (i) female entrepreneurship; (ii) equality plans in local and central administration as well as public and private sector; (iii) technical and financial support to NGOs and training projects; (iv) databases, diagnosis and good practices guides; (v) awareness raising campaigns;

(vi) combat against domestic violence; and (vii) combat against trafficking in human beings.

63. The III National Plan for Equality – Citizenship and Gender 2007-2010 reinforces the combat to gender inequality in all domains of political, social, economic and cultural life in a transversal way, following a double and integrated approach: mainstreaming of gender equality and the adoption of specific actions, including positive actions, with a view to achieving gender equality.

64. A Law adopted in 2006 established that the lists of candidates for local, national and European Parliament elections must ensure a minimum representation of 33 per cent of each sex in eligible positions. Additionally, for the Portuguese and European Parliament, the

candidates’ lists should not have more than two persons of the same sex successively. The penalty for non compliance with the rules and quotas outlined in this Law is the reduction of public financing for electoral campaigns. In 2011, the Parliament will evaluate the impact of this Law in the promotion of balanced representation of women and men, and revise the Law as necessary.

65. The III National Plan against Domestic Violence 2007-2010 integrates policies to prevent and combat this phenomenon. It takes a cross-cutting approach with a particular emphasis on awareness and information campaigns, training, and support and shelter of the victims. The Plan has five strategic areas of intervention: (1) Informing, raising awareness and educating; (2) Protecting victims and preventing revictimisation; (3) Empowering and reinserting victims of domestic violence; (4) Qualifying professionals; (5) Learning more about the domestic violence phenomenon. It provides for concerted action between public authorities and NGOs.

66. With the 2007 revision of the Criminal Code, Domestic Violence became an autonomous and typified crime punishable by 1 to 5 years of imprisonment, detailing better what constitutes physical and psychological abuse; the category of victim was extended in order to include ex-spouses or persons with whom the victim maintains or has maintained a spousal relationship even if living in separate households. A new law regarding the prevention, protection and assistance to victims of domestic violence was also adopted with the purpose of enhancing the judiciary measures needed to provide the best possible intervention. This law unified the normative acquis concerning this issue and defined “victim status” for the first time.

67. A considerable investment has been made in the quantity and quality of psychosocial responses – crisis centres, emergency help lines and shelters by public bodies and civil society.

A National Network of Domestic Violence Centres was set up in 2005 to provide an integrated response to cases of domestic violence and improve on existing resources and national coverage (18 districts) of crisis centres was achieved on January 2009.

68. Every year a national “Campaign against Domestic Violence and Violence against

Women” takes place including different activities. In 2007, this Campaign had the overarching

theme of “Stop Violence against Women, Including Domestic Violence”. In 2008, the theme was

“Violent Dating is not love” and several awareness-raising initiatives and activities have taken place, namely outdoors, posters (200,000), leaflets (90,000), postcards, radio and TV spots, and an internet website. In the framework of this campaign, a national competition in schools was also launched around the theme “Our non violent school”.

69. Portugal launched in February 2009 a Programme of Action to Eliminate Female Genital Mutilation/Cutting (FGM/C). The programme is structured in 4 areas: (i) Sensitizing, prevention, support and integration; (ii) Training; (iii) Knowledge and academic research;

(iv) Advocacy. It has among its main goals the prevention of and awareness raising on FGM/C and support to women and girls who were subject to FGM/C, as well as to their families and communities. The Criminal Code now considers the abuse of the body or health of another person hindering the person’s ability to sexual fulfilment to be a criminal offence.

70. Portugal has also very recently adopted a National Action Plan to implement the United Nations Resolution 1325 “Women, Peace and Security”. The Plan was drafted by an inter- ministerial working group and underwent public consultation.

71. A Law was also adopted on the integration of the principle of non discrimination and gender dimension in the quality criteria which preside to the evaluation, certification and adoption of schoolbooks and multimedia products of the basic and secondary levels of

education, as well as the principles and goals to which socio-educational support must obey as to the acquisition and lending of schoolbooks. The partnership established between the Ministry of Education and the national gender equality mechanism led in 2007 to the first common publication on gender issues.

E. Non Discrimination and Integration

72. According to article 15 of the Constitution, foreigners, stateless persons, and European citizens who find themselves or who reside in Portugal shall enjoy the same rights and be subject to the same duties as the Portuguese citizens. This principle of national treatment is also

enshrined in the Civil Code.

73. At the same time, a structuring principle of the national legal system is the principle of equality or non discrimination enshrined in article 13 of the Constitution, according to which

“every citizen shall possess the same social dignity and shall be equal before the law” and “no one shall be privileged, favoured, prejudiced, deprived of any right or exempted from any duty on the basis of ancestry, sex, race, language, place of origin, religion, political or ideological beliefs, education, economic situation, social circumstances or sexual orientation”.

74. Equality and non discrimination are also enshrined in the national legislation, that

transposes European Union Directives which implement the principle of equal treatment between persons irrespective of racial or ethnic origin; establish a general framework for equal treatment in employment and occupation; and implement the principle of equal treatment for men and women as regards access to goods and services, and access to employment, vocational training and promotion, and working conditions.

75. Both these legal principles and our own migratory experience frame successful integration

policies in Portugal.

76. In 2007, the Council of Ministers approved a Plan for Integration of Immigrants, which is a document that sets the guidelines for public policy in the area of integration, covering several areas such as employment, education, health and the prevention and fight against racial and xenophobic discrimination. It seeks to stimulate the participation of immigrants in the conception, development and evaluation of immigration policies. This plan is based on the clear assumption of responsibility of the State towards the integration of immigrant citizens, with a special emphasis on the reinforcement of social cohesion and on the improvement of integration and managing of cultural diversity. The fight against racism and xenophobia is an integral part of this plan, representing an area where we have been adopting several measures as a follow up to the Durban Declaration and Programme of Action.

77. As regards the exercise of political rights by foreigners or stateless persons who find themselves or who reside in Portugal, there has been a significant effort to reduce the exceptions to the general principle of national treatment. There are currently three cases where the right to vote and to stand for election is granted to non Portuguese citizens:

– Provided there is reciprocity, foreigners who reside in Portugal can vote and stand for election as local representatives;

– Citizens of European Union Member States residing in Portugal can vote and stand for election as Members of the European Parliament;

– Nationals of Portuguese speaking countries residing in Portugal can vote in local, legislative and presidential elections and stand for election as local representatives.

78. Within the framework of economic, social and cultural rights, article 59 of the

Constitution provides that every worker shall be entitled to his rights regardless of age, sex, race, citizenship, place of origin, religion and political and ideological convictions. This provision refers to remuneration; work organisation, social dignity, personal fulfilment and family life;

working conditions; rest and leisure time; assistance in unemployment and work-related accident or occupational illness.

79. The teaching of the Portuguese Language as a non-mother tongue in the national Curricula has been a concern of the Ministry of Education, which led to the issuing of guidelines to

guarantee the school success of children of immigrant families. Another tool to achieve this objective has been the appointment by local authorities or special employment programmes of socio-cultural mediators to work in schools with a high level of ethnic diversity. These mediators have played an important role in the furthering of family participation in school dynamics and of intercultural dialogue.

80. The Law on Portuguese Nationality was also reformed, allowing second and third generation citizens to acquire, under certain requirements, the Portuguese nationality. Overall, there has been a widening of the criteria for attribution and acquisition of nationality, with the strengthening of the principle of ius soli, through the recognition of citizenship to individuals who hold a strong connection to Portugal.

81. Regarding education and health for non Portuguese citizens who are in the national

territory, the benefits of public schooling may not be refused to any children on accounts of the

irregularity situation of her/his parents. The registry of irregular minors is confidential.

Irregular immigrants who are in Portugal for a time period over 90 days cannot be

discriminated in acceding to public health care, although, in general terms, they might have to bear its real costs while regular immigrants have the same rights as national citizens on this matter.

82. The High Commission for Immigration and Intercultural Dialogue has been developing several initiatives towards immigrants’ integration that can be considered best practices, namely:

– Create friendly interfaces and integrated solution between Immigrants and the Public Administration, through the National and Local Immigrant Support Centres;

– Deepen the knowledge about Immigration through studies carried out by the Immigration Observatory;

– Promote the teaching of Portuguese Language and Culture to immigrants;

– Raise mass media awareness trying to have them make a contribution towards integration and fighting the stigmatisation of immigrants and those from ethnic minorities (namely through the Journalism for Tolerance Prize);

– Increase the public opinion awareness on tolerance and diversity as fundamental civilization values within the Portuguese society, through actions in the social, cultural, arts and sports areas;

– Raise public awareness towards integration and promoting interculturalism through a weekly TV show called “Nós” (Us) and a weekly radio programme seeking to portray the life stories of immigrants who live and work in Portugal.

83. The integration of refugees and the exercise of the right of asylum are also taken very seriously by Portugal. Building on the constitutional recognition of the right of asylum as one of the fundamental rights and on a broader refugee definition than the 1951 Geneva Convention, the new Law on Asylum adopted in 2008 has been very well received. Amongst its major improvements is the possibility for the Portuguese Refugee Council (national NGO) to legally represent asylum-seekers as well as the suspensive effect given to all jurisdictional appeals during the asylum procedure. It should also be noted that under the new law, refugees and persons under subsidiary protection enjoy the same rights and are subject to the same duties as resident aliens.

84. In March 2009, a National Strategy for the Integration of Homeless People was launched

following the work of an inter-institutional group of public and private entities chaired by the

Institute for Social Security (Ministry of Labour and Social Solidarity). This strategy, which

comprises objectives and measures addressing both the risk situations leading to homelessness

and the continuous support required to achieve integration and resettlement, is seen as a good

starting point for national homelessness policies. It will constitute an important strategic tool for

the implementation of co-ordinated action in this field, and will provide important guidelines for

intervention at the local level.

F. Use of force by law enforcement officials

85. National police forces are permanently made aware of the constitutional and legal

principles of necessity, adequacy and proportionality in the use of force. This is valid both to the security forces under the Ministry of Internal Affairs – the National Republican Guard (GNR), which is a security force with a military nature that pursues its mission throughout the national territory and the territorial sea, and the Public Security Police (PSP), which is a security armed force, with the nature of public service – an to the Judicial Police under the Ministry of Justice.

86. One of the main ways in which Portugal has ensured this objective is through training.

Human rights are comprised, on a regular basis, in the training curricula ministered by the High Institute of the Judicial Police and Criminal Sciences (either in the initial course for the trainee-officers, or in the upgrading courses of the criminal investigation career, or even in the continuous training of the Judicial Police inspectors) and are an integral part of the evaluation of candidates within the recruitment for the Judicial Police.

87. Likewise, the training of the police forces and services of the Ministry of Interior (the National Republican Guard, the Public Security Police and the Aliens and Border Service) has consistently focused on human rights issues and in particular on the fundamental rights, freedoms and guarantees. This may be ascertained by the subjects and courses given, and is always present in the initial and continuous training courses, in the upgrading and expertise actions as well as in certain pinpointed activities, like Seminars. One particular example was the seminar on “Human Rights and Police Practices” that took place on the 10

December 2008, to commemorate the 60

anniversary of the Universal Declaration of Human Rights.

88. Another important measure to this effect is the ability of the Inspectorate-General of Home Affairs to perform studies on how its services operate so as to prevent abuse or ill-treatment in units or stations and to ensure the detainees’ dignity, and prevent (by means of recommendations or opinions) any unlawful actions or actions against the citizens’ basic rights by the Law

Enforcement Forces and Services.

G. Situation in Prisons

89. Several measures introduced by the 2007 reform of the Criminal Code and the Criminal Procedure Code – the increase in the scope of application of alternative measures to

imprisonment; the setting up of the in-house electronic surveillance; the reduction of the possibilities to apply the pre-trial detention as well as the reduction of its maximum duration;

the streamlining of the system of conditional release – have humanized the criminal system, reinforcing the ultima ratio regarding the privation of liberty.

90. A decrease in the imprisonment rate in Portugal has been observed. On 31 December 2008,

that number was 10,648, compared with 11,675 inmates in January of the same year. There is

presently no overcrowding in the overall prison system, given that the global occupancy rate is

87 per cent, although some very limited situations of overcrowding may occur, mostly because

the proximity with the detainees’ family is taken into consideration when deciding the place of

detention.

91. As occurs with the police force, the initial and continuous training courses of the prison staff also includes subjects related to the enforcement of imprisonment measures and human rights; to the main national and international mechanisms to protect the rights of the persons deprived of liberty; as well as behavioural issues, namely those related to conflict management and interpersonal relationship.

92. In general, and bearing in mind the whole of the prison system, it must be highlighted that around 8,200 inmates (which corresponds to 75 per cent of the prison population) are within school and professional training programs (3,100 inmates) and in work programs (5,100 inmates).

93. In addition, there are also organised and regular sport activities in most of the Prison Establishments. In 2007, about 43,5 per cent of the inmates were involved, on a regular basis, in sports activities (in 2006, that proportion was only 34,9 per cent).

94. One of the strategies that have been carried out in order to increase the jobs’ offer is through the celebration of protocols with private companies. In 2008, 42 new Protocols were signed.

95. In addition, a new, dynamic project will be launched in the short term on voluntary work in the prison premises, which is expected to increase the inmates’ activity in projects aimed at their social rehabilitation.

96. Portugal is also investing in individualised custody plans of re-adaptation, which are considered a very useful device for the re-socialization of the prisoners, especially those serving long sentences. On 31 December 2007, there were 577 prisoners on the whole prison system serving their sentences in accordance with this Individual Plan for Re-adaptation. The 5 per cent increase in this number for the year 2008 was exceeded.

97. Portuguese authorities, in particular the Directorate-General for the Prison Services, make permanent efforts to fight against entering and circulation of drugs in the prison premises. Based on an updated report on the occurrence and features of the drug phenomenon and other illicit goods in the Prison System produced in September 2008, an “Integrated Plan on the Fight against Entering and Circulation of Drugs and Other Illicit Goods in the Prison Premises” is being prepared to enhance current measures to fight entering and circulation of drugs as well as measures to increase the offer of treatment programs.

H. Trafficking in Human Beings

98. In 2007, Portugal began implementing the I National Plan against Trafficking in

Human Beings 2007-2010. This Plan is based on a vision that integrates the human dimension

of the problem, enforcing preventive measures and concrete responses regarding the support and

integration of the victims of trafficking, especially victims of sexual exploitation and forced

labour. The Plan relies on four strategic areas of intervention each with its own implementation

measures: (1) Recognition and dissemination of information; (2) Prevention, awareness-raising

and training; (3) Protection, support and integration; (4) Criminal Investigation and Punishment

of trafficking. This Plan’s key structuring element is the symbiosis between the repressive

approach to human trafficking and the promotion of human rights through the adoption of

strategies to prevent, support, raise awareness, empower and include the victims. The

implementation of this Plan is being done by a National Coordinator and a technical commission that integrates several Ministries.

99. Also in 2007, a new law was adopted to regulate the entry and stay in Portugal which protects the victims of trafficking by creating a specific residency permit for their particular cases. In most cases, the victims of trafficking are irregular migrants that require support for the exercise of their rights. The victim of trafficking, once identified as such, is immediately given a residence permit, as she/he cooperates in the procedure to establish the facts. The victim has also the right to free legal support, as well as social security and medical support.

100. The Observatory of Trafficking in Human Beings was set up in 2008 with the objective of ensuring a better intervention towards the victims of trafficking and providing more

knowledge to deal with this crime and with the violations of human rights it entails.

101. A Shelter Centre for the Protection of the Victims of trafficking and their children was also created in cooperation with an NGO. This shelter provides the conditions for the victims to decide, free of constraints, if they want to return to their country of origin or remain in Portugal as well as to collaborate with the judicial authorities to prosecute the traffickers.

102. A model for locating, identifying and integrating victims of trafficking for sexual exploitation was defined in order to establish an articulated process for assisting trafficking victims from the time they are first located to when they are integrated. A standardised registration guide was implemented to be applied by security forces and services dealing with trafficking in human beings situations. A Training Support Kit was designed with appropriate contents and modalities of training for all agents involved with the issue of trafficking in women for purposes of sexual exploitation.

103. In terms of criminal investigation and punishment, the crime of trafficking in human beings remains a priority crime in our criminal policy’ objectives for 2009-2011. After the 2007 revision of the Criminal Code, the definition of Trafficking in Human Beings now includes, apart from sexual exploitation, labour exploitation and the extraction of organs. The Criminal Code adopts specific categories for this type of crime and punishes those who knowingly use the sexual services of victims of trafficking. It criminalises withholding, hiding and destructing identification or travelling documents and also foresees punitive measures for legal persons.

104. With the objective of raising public awareness regarding this human rights issue, the

“Campaign against Trafficking” was launched in October 2008 on the European day against Trafficking in Human Beings. This campaign resulted in the dissemination of 200 000 leaflets, 200 spots on national TV channels and radios, 1,000 outdoors throughout the country and 1,400 spots in the cinema theatres.

I. Rights of the Child

105. In 2007, the Portuguese Government initiated a process towards the elaboration of the

Initiative for Childhood and Adolescence (INIA), a strategic approach to facilitate and

improve national implementation of the Convention on the Rights of the Child.

106. The INIA 2008 – 2010 aims at defining an Action plan to promote and protect the universality of the rights of the child by developing common guidelines for intervention of all agents and entities converging towards the development and socialization process of the child, from birth until adulthood.

107. One of the main achievements in the area of the promotion and protection of the Rights of the Child has been the adoption, in September 2007, of legislation confirming explicit prohibition of corporal punishment of children through the inscription of this total ban in article 152-A of the Penal Code. This article stipulates that whoever takes care, is responsible for the upbringing, has under the responsibility of his direction or education or working at his

service a minor or a particularly defenceless person, and inflicts, in a reiterated manner or not, physical or psychological abuse, including corporal punishment, deprivation of freedom and sexual offences, or gives cruel treatment, shall be punished with a prison sentence of one to five years.

108. Portugal has set up mandatory reporting systems for professionals working with children who detect the use of corporal punishment in the family since 1999. Furthermore, any citizen who is aware of situations of abuse can report them to the competent institutions within the field of infancy and youth, police authorities, Commissions for the Protection of Children and Youngsters at Risk or judicial authorities. Reporting is mandatory in cases where the physical or psychological integrity of the child or juvenile is endangered.

109. Other set of measures to enhance protection of vulnerable children has been implemented through a Protocol between the Ministry of Internal Affairs and the Institute of Child Support (a national NGO) aiming at obtaining better responses to enable the recovery of missing children or children victims of sexual abuse, and to combat these phenomena. Under this protocol, the following activities are foreseen: the creation of an SOS-Child hotline, a green number to be used in case of missing or sexually explored children; information, support and follow up to the child victim and his/her familiars or legal representatives; collaboration with the Security Forces and Services, to disseminate messages of search relating to missing children and to effectively search for children on the run in the city of Lisbon.

110. A very important step was also taken this year, with the implementation of the National Child Alert System, an initiative of the Ministry of Justice, involving also the Attorney- General’s Department and several public and private institutions. Its main aim is to establish a global mechanism allowing for information gathering, with the involvement of civil society, in the hours following a child abduction, so as to lead to her expeditious location and liberation.

111. Regarding the increasingly worrying phenomena of sexual crimes against minors committed in the context of new information technologies and telecommunications, a Protocol was celebrated between the Portuguese Criminal Police and the Ministry of Education in the area of prevention of these crimes. Through this Protocol, investigation agents from the Judiciary Police with expertise in the area of sexual criminality against minors and information technologies help in the training and increasing awareness of teachers and parent’s associations’

to the dangers associated with the use of modern information technologies in their relation with

sexual crimes. These preventive actions will help to minimize the exposure of children to these

crimes.

112. Additionally, the Criminal Police participates in conferences, actions and other initiatives organized under the aegis of both public entities and NGOs directed to minors, parents and professionals, where these themes are discussed.

113. Through these preventive efforts, minors are alerted to the risks and are encouraged to report crimes of sexual nature directly to competent authorities or through the hotline created for this purpose in the context of the European programme Internet Safer Plus. This line intends to provide for a safe and confidential environment where the general public can report illegal contents accessible through the Internet (namely child pornography) aiming at blocking illegal sites and criminal prosecution of offenders who make them available.

114. The Code of Criminal Procedure recognizes the special needs of children victims of crimes, setting forth a number of provisions that allow for the protection of children’s rights and interests in criminal proceedings. Child Victims/Witnesses in Criminal Proceedings have a special standing and all the guarantees are enshrined in the national legislation in accordance with the principle of the best interest of the child and the Convention on the Rights of the Child.

One example of a provision especially designed to protect children who are victims of crimes is to allow for their temporary placement in a child-care institution when the child witness has to be temporarily withdrawn from his/her family or social closed group. As far as court facilities are concerned, there are already some court rooms especially adequate to ensure that children are heard in the best possible environment, creating the conditions for an informal atmosphere, the respect for their privacy, and for the physical and psychological safety of the child. Work is under way to equip other courts with similar facilities.

115. Only the Commission for the Protection of Children and Youngsters and Juvenile Court may determine the placement of a child under foster or institutional care. The decision of placement, regardless of being taken by a court or a commission, must be reviewed at least every six months, and may be reviewed earlier by choice of the Commission or court or request of the parents, the legal representative or guardian, or even the child. The law foresees a mandatory hearing and participation of the minor at risk during the process and in particular regarding the decision on the applicable protection and promotion measures.

116. Regarding the prevention and elimination of child labour, there is a programme of action in place since 2004 – the Plan for the Elimination of he Exploitation of Child Labour – established by the Ministry of Labour and Social Solidarity. This Plan has a national structure connecting the intervention of 18 multidisciplinary teams composed by professionals of different areas to assess the situation of children and young people at risk of not finishing compulsory schooling. Its intervention is not limited to the child or young person, encompassing also his/her family, by promoting easier access to the public authorities and social organizations that may assist in improving their socio-economic situation.

J. Persons with disabilities

117. Based on the acknowledgement of the dignity, the integrity and the freedom of persons

with disabilities, the Assembly of the Republic adopted in 2004 legislation which sets the

general framework of prevention, habilitation, re-habilitation and participation of persons with

disabilities.

118. By virtue of the cross-cutting vision of the policies, programmes and measures in favour of persons with disabilities, and aiming at the responsibilisation of each ministerial sector, the Government adopted in 2006, the I Plan of Action for the Integration of Persons with

Disabilities (2006-2009). The plan defines the action lines which must be adopted in the various domains and calls for the involvement and the real and effective engagement in their execution of every person, physical or legal, private or public, whether they are integrated in the Central, Regional or Local Administration. The aim is to improve the living quality of persons with disabilities and to ensure their access to the generally available goods, in order to allow their full participation through integrating and sustained policies and practices.

119. A National Plan for the Promotion of the Accessibility was adopted in 2007 in result of several initiatives aiming to build a global network, coherent and homogeneous in terms of accessibilities. The measures inserted in this Plan aim at allowing persons with disabilities to have full use of all the public spaces and buildings, as well as the public transports and the information technologies, thus improving their quality of life and preventing various forms of discrimination or exclusion.

120. Specific legislation was also adopted in 2006 to combat discrimination against persons with disabilities. The law prevents and forbids discrimination, whether it is direct or indirect, in reason of the disability under all its forms, and punishes the commitment of acts which consist in the violation of a fundamental right or in the refusal or the conditioning of the exercise of every economic, social and cultural or other right by every person on the ground of its disability.

K. Human Rights Education

121. Raising human rights awareness through educational programmes is one of the guidelines in the normative documents on the national Education System. The Framework Education Act of 1986 is informed by a global active citizenship perspective which aims at preparing students for critical and independent thought on spiritual, aesthetic, moral and civic values, that is, to become responsible citizens, capable of autonomous attitudes.

122. The general curriculum guidelines for Pre-school Education stress the need of promoting children’s personal and social development, based on situations of democratic daily life, in the perspective of Education for Citizenship. In the general curriculum guidelines for both Basic Education and Secondary Education, Education for Citizenship is considered a cross-curriculum area.

123. Education for Health, including its sexual dimension, is a cross-cutting theme dealt with in the different syllabi. The Ministry of Education has showed concern for the thematic and, in 2005, set up a special group to work in this area.

124. The general professional profile of nursery educators and basic and secondary education teachers includes competencies required to educate and teach for citizenship awareness.

They include the conscience of the civic dimension of their role and corresponding ethic and

deontological principles and values; the capability of promoting participated rules of democratic

everyday life; the flexible management and settling of interpersonal conflicts and problem

solving; the concept of schools and communities as spaces of education for inclusion and of

social intervention, in the framework of a comprehensive education of students for democratic citizenship.

125. Teacher training for pre-school, basic and secondary education includes cultural, social and ethic components and learning /awareness of the problems of present times. Several training options have been developed in the area of Education for Citizenship and Human Rights and support materials have been published or co-published by the Ministry of Education on Human Rights in the school context. Studies on Education for Democratic Citizenship are being

developed in several higher education institutions as well as in other institutions, namely the Ministry of Education.

126. There is an ongoing joint project between the Ministry of Education and the Portuguese Section of Amnesty International entitled Viver os Direitos Humanos (Living Human Rights) which involves basic and secondary education schools. Its main objective is, through the setting up of Clubs, Units and Training Centres or activities, to provide teacher training and to support project development in the area of Human Rights and Citizenship.

V. KEY NATIONAL PRIORITIES

127. Implementing human rights is an imperative of the Portuguese Government’s action at national and international levels. National priorities have been highlighted throughout this report and aim at fulfilling international human rights obligations and ensuring the full realization of all human rights consecrated in the Constitution and by law to all.

128. Portugal reiterates its willingness to continue improving the timely reporting to the Treaty bodies, the international ratification processes to the human rights instruments it has signed, the full cooperation and support to the OHCHR and the Special Procedures system, and the active participation in all Human Rights bodies, namely the Human Rights Council and the Third Committee of the General Assembly.

129. At the national level, Portugal also renews its pledge to continue to improve its national machinery and mechanisms to monitor implementation of international obligations, Treaty bodies’ recommendations, and the outcome of this review. The strengthening of civil society participation and NGO interaction in these processes will also be actively pursued.

Note

1 Namely the Ministries of Foreign Affairs; Finance; Defence; Home Affairs; Justice; Economy; Labour and Social Solidarity; Health; Education; Science, Technology and Higher Education; Culture; Public Works, Transports and Communications; Agriculture, Rural Development and Fisheries; Environment; the Presidency of the Council of Ministers; the Office of Documentation and Comparative Law of the Attorney-General’s Department; the Commission for Citizenship and Gender Equality; the Office of the High Commissioner for Immigration and Intercultural Dialogue; the Ombudsman’s (Provedor de Justiça) Office; Statistics Portugal; the Portuguese Youth Institute; and the Bureau for the Media.

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