Texto integral (11 366 palavras)
United Nations A/HRC/42/7
General Assembly Distr.: General
4 July 2019
Original: English
Human Rights Council
Forty-second session
9–27 September 2019
Agenda item 6
Universal periodic review
Report of the Working Group on the Universal Periodic
Review*
Portugal
* The annex is being circulated without formal editing, in the language of submission only.
GE.19-11345(E)
A/HRC/42/7
Introduction
1. The Working Group on the Universal Periodic Review, established in accordance
with Human Rights Council resolution 5/1, held its thirty-third session from 6 to 17 May
2019. The review of Portugal was held at the 5th meeting, on 8 May 2019. The delegation
of Portugal was headed by the Secretary of State for Foreign Affairs and Cooperation,
Teresa Ribeiro. At its 10th meeting, held on 10 May 2019, the Working Group adopted the
report on Portugal.
2. On 15 January 2019, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of Portugal: Brazil, Denmark and Egypt.
3. In accordance with paragraph 15 of the annex to Human Rights Council resolution
5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents
were issued for the review of Portugal:
(a) A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/33/PRT/1);
(b) A compilation prepared by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)
(A/HRC/WG.6/33/PRT/2);
(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/33/PRT/3).
4. A list of questions prepared in advance by Belgium, Germany, Paraguay, on behalf
of the Group of Friends on national implementation, reporting and follow-up, Slovenia,
Sweden and the United Kingdom of Great Britain and Northern Ireland was transmitted to
Portugal through the troika. These questions are available on the website of the universal
periodic review.
I. Summary of the proceedings of the review process
A. Presentation by the State under review
5. The delegation of Portugal noted that many of the recommendations received during
the second review cycle had resulted from the impact of the economic and financial
adjustment programme, which had had disruptive consequences throughout the social fabric,
particularly among the most vulnerable groups. The implementation of the 139
recommendations accepted in 2014, and the mandate of Portugal at the Human Rights
Council between 2015 and 2017, highlighted its firm commitment to human rights.
6. Moreover, Portugal was a party to eight of the fundamental human rights treaties of
the United Nations and all their Optional Protocols. It recognized all the powers of the
respective treaty bodies. None of its reports was overdue. Portugal had also ratified the
International Labour Organization (ILO) Domestic Workers Convention 2011 (No. 189),
the Council of Europe Convention against Trafficking in Human Organs and the
Convention on the International Protection of Adults.
7. The National Human Rights Committee, created in 2010, was an excellent forum for
dialogue between different bodies with responsibilities for public policies on human rights
and civil society. The Office of the Ombudsman had been attributed A status, in accordance
with the principles relating to the status of national institutions for the promotion and
protection of human rights (the Paris Principles), and had strengthened its powers, as had
the Commission for Equality and against Racial Discrimination. In 2015, the mandate of
the National Commission for the Promotion of the Rights and Protection of Children and
Young People had been extended to all children and young people.
8. Since 2014, Portugal had approved several sectoral national human rights plans on
human trafficking, migration, women and peace and security, in accordance with Security
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Council resolution 1325 (2000), and its National Strategy for Equality and Non-
Discrimination to combat, inter alia, all forms of discrimination and violence against
women and lesbian, gay, bisexual, transgender and intersex persons.
9. Portugal highlighted the results that had already been attained by the new National
Strategy for the Integration of Homeless People.
10. Thanks to the improved economic situation, the trend that had led hundreds of
thousands of Portuguese citizens to emigrate had been reversed. The level of the Social
Integration Income had been raised to provide increased support for persons or families in
serious economic need and at risk of social exclusion. Family allowance had also been
raised, the range of beneficiaries widened with an increase for single-parent families, and
the pension update mechanism has also been restored.
11. The minimum wage had gradually increased by about 14 per cent between 2014 and
2019. Unemployment had steadily declined from 13.9 per cent in 2014 to 6.5 per cent in the
first quarter of 2019. The youth unemployment rate had fallen from 34.1 per cent in 2014 to
20.3 per cent in 2018.
12. Measures to combat job insecurity and improve social protection for self-employed
workers had been reinforced with the entry into force of the new legal regimes for social
protection during illness, unemployment and child rearing. Inspections to combat
undeclared work had been reinforced, and steps taken to remedy the misuse of service
agreements and fixed-term contracts.
13. Access to the National Health Service was completely free of charge in priority
areas such as family planning, services for victims of domestic violence, combating
alcoholism and drug addiction and the national vaccination programme. All persons
residing in Portugal had access to the National Health Service, including immigrants, even
those in an irregular situation. Portugal stood at the forefront of efforts to combat infectious
diseases such as HIV and viral hepatitis through widespread community screening and
access to treatment. Since August 2016, access to medically assisted procreation techniques
has been extended to all women regardless of their marital status, sexual orientation and
fertility diagnosis.
14. As part of the new generation of housing policies, the provisional budget until 2024
for the First Right programme was €700 million. The Affordable Lease Programme had
been approved to increase the availability of housing at lower rents that were more aligned
with household income. The Government had also adopted a social tariff regime for water
supply and sanitation, applicable in all municipalities, and social tariffs for electricity and
natural gas.
15. Inclusive education remained a priority. As part of the efforts to implement the 2030
Agenda, public investment in the sector had increased. Since 2016, all children had been
given access to preschool education from the age of 4 and, in the 2019/20 school year, it
would be extended to all children from 3 years of age. By 2017, 95 per cent of 5-year-olds
had been integrated into preschool. Combating school dropout remained a priority; the early
dropout rate for education and training had declined significantly from 43.6 per cent in
2000 to 11.8 per cent in 2018.
16. The National Reading Plan had been reinforced and a national adult literacy plan
was under preparation. Particular attention was paid to lifelong learning and the
improvement of literacy skills, including digital literacy, to assist low-skilled adults, who
were at greater risk of social exclusion.
17. The National Strategy for Education for Citizenship included subjects such as
human rights, gender equality, interculturalism, the environment, and sexual and
reproductive health.
18. To promote access to culture for young people, Portugal had launched the
És.Cultura’18 programme. It had also recently approved the National Arts Plan, which
would increase the availability of cultural and educational opportunities. Measures had
been taken to improve the accessibility of cultural services for persons with disabilities. In
addition, access to national monuments and museums was now free of charge.
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19. Portugal had revised and extended until 2022 the National Roma Communities
Integration Strategy, which included strengthening educational and professional integration,
improving access to decent housing and raising awareness about combating discrimination.
In several neighbourhoods, Roma communities had been relocated or their homes
renovated.
20. A guide for the inclusion and school success of Roma children, involving the entire
educational community, had been introduced in 2019. Another programme for the
promotion of education, aimed at young Roma people attending higher education, provided
them with scholarships, tutorials and follow-up. In the 2017/18 academic year, the
programme had reached a success rate of 64 per cent, with girls achieving a rate of 75 per
cent. Strengthening basic skills and qualifying Roma adults for further integration into the
labour market was one of the objectives of the National Roma Communities Integration
Strategy.
21. The new National Strategy for Equality and Non-Discrimination focused on
eliminating all forms of discrimination, particularly efforts to promote equal opportunities,
access to the labour market and legislation on equal pay for equal work for men and women.
22. In 2019, the so-called parity law had been amended to increase the minimum parity
threshold in the lists of candidates for the national parliament, the European Parliament and
local authorities from 33 per cent to 40 per cent of female candidates. Non-compliant lists
would be rejected. Legislation had also been adopted establishing minimum thresholds for
the fair representation of women in decision-making positions in the upper management
positions of the direct and indirect administration of the State and of local administrations.
23. However, inequality persisted in unpaid work, especially among caregivers. The
Government had therefore decided to move forward with a bill providing for measures to
support informal caregivers, the vast majority of whom were women.
24. Steps were also being taken to promote shared parental responsibilities and work-life
balance. One such measure included the possibility of both parents taking parental leave
simultaneously, and the increase of compulsory paternity leave to 20 days, paid at 100 per
cent.
B. Interactive dialogue and responses by the State under review
25. During the interactive dialogue, 94 delegations made statements. Recommendations
made during the dialogue are to be found in section II of the present report.
26. Malaysia acknowledged progress made in the areas of public health, employment,
trafficking in persons, gender equality and child poverty through human rights policies and
legislation.
27. Maldives commended Portugal for its efforts to protect rights by reflecting the
Sustainable Development Goals in national strategies, and welcomed the 2017 national
voluntary review on its implementation of the 2030 Agenda.
28. Malta welcomed the adoption of the National Strategy for Equality and Non-
Discrimination (2018–2030) and the progress made in addressing domestic violence.
29. Mauritius applauded the adoption of the National Strategy for Equality and Non-
Discrimination, aligned with the 2030 Agenda, and the Strategic Plan for Migration (2015–
2020).
30 Mexico highlighted the progress made, including initiatives to review the Criminal
Code regarding sexual offences and the new law on equal pay for men and women.
31. Montenegro commended efforts to improve the legal framework and practical
assistance for migrants and beneficiaries of international protection, and to promote
women’s rights.
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32. Mozambique welcomed the ratification by Portugal of six international human rights
instruments since the second review cycle and its reports under all the human rights treaties
it had ratified.
33. Myanmar appreciated the positive developments that had taken place since the
second review cycle, including the adoption of several human rights instruments, and in
terms of combating illiteracy.
34. Nepal welcomed the adoption of the National Strategy for Equality and Non-
Discrimination and the Strategic Plan for Migration as measures for enhancing social
inclusion and equality.
35. The Netherlands was concerned that young people could get married at the age of 16
and about the high number of women victims of domestic violence.
36. Nicaragua welcomed the delegation of Portugal.
37. Nigeria commended Portugal for its cooperation with human rights mechanisms and
applauded its policy on the integration of migrants and marginalized groups.
38. Norway noted positive steps taken since the second review cycle, particularly in
tackling violence against women and promoting equality between women and men.
39. Pakistan noted with satisfaction efforts to promote gender equality within the Roma
community.
40. Paraguay welcomed the work of the Portuguese National Human Rights Committee
to promote a comprehensive approach to human rights policies and coordinate government
action.
41. Peru acknowledged the progress made on human rights, highlighting the legal
framework of Portugal to integrate beneficiaries of international protection.
42. The Philippines acknowledged the progress made in promoting the rights of children,
women, migrants and other vulnerable groups, and efforts to combat trafficking in persons.
43. Qatar welcomed efforts to combat hate speech, discrimination and racism, as well as
trafficking in persons through the implementation of the third national plan thereon.
44. The Republic of Korea appreciated efforts to combat racism and discrimination and
to promote the integration of marginalized groups. It commended the development of
human rights indicators.
45. The Republic of Moldova appreciated measures to combat human trafficking and
violence against women, and to promote gender equality and the rights of persons with
disabilities and youth.
46. Romania acknowledged the adoption of comprehensive human rights policy
instruments and noted positive developments regarding women’s rights.
47. The Russian Federation welcomed the implementation of national plans to combat
human trafficking and efforts to implement the Convention on the Rights of Persons with
Disabilities.
48. Senegal appreciated efforts made regarding education, health care, the fight against
racism and the integration of migrants, and hoped that such measures would continue.
49. Serbia welcomed measures for improving the situation of vulnerable households
with dependent children and for combating child and youth poverty through the
reassessment of social benefits.
50. Slovenia commended efforts to combat racial discrimination and to promote gender
equality and the rights of persons from vulnerable groups and older persons.
51. Spain thanked Portugal for its national report and welcomed the progress
highlighted therein.
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52. Sri Lanka appreciated the adoption of several national human rights policy
instruments and of national human rights indicators, and noted efforts to combat online hate
speech.
53. The State of Palestine welcomed efforts to combat racism and discrimination, and
awareness-raising activities on business and human rights.
54. Sweden welcomed developments strengthening the rights of lesbian, gay, bisexual,
transgender and intersex persons, but was concerned about domestic violence, prison
conditions and the situation of Roma.
55. The Syrian Arab Republic made recommendations.
56. Thailand welcomed efforts to mainstream human rights and noted the human rights-
based approach to the implementation of the Sustainable Development Goals.
57. Timor-Leste congratulated Portugal for adopting measures to strengthen human
rights, including the National Strategy for Equality and Non-Discrimination (2018–2030).
58. Togo welcomed the adoption of human rights instruments to accelerate the
elimination of discrimination against vulnerable persons, particularly women, children,
migrants and ethnic minorities.
59. Tunisia welcomed the ratification by Portugal of international instruments, its
adoption of the National Strategy for Equality and Non-Discrimination and its efforts to
combat human trafficking and hate speech.
60. Turkey appreciated the efforts to promote and protect human rights and requested
information on measures taken to combat gender-based violence.
61. Ukraine stated that the framework created by Portugal for the implementation of
universal periodic review recommendations was a good example for other countries to
follow.
62. The United Kingdom urged Portugal to continue tackling domestic and gender-
based violence. It encouraged Portugal to sign the call to action to end forced labour,
modern slavery and human trafficking.
63. The United States of America noted that Portugal had taken some steps to address
the conditions and treatment in detention facilities, and its cooperation with the Office of
the United Nations High Commissioner for Refugees.
64. Uruguay welcomed the commitment by Portugal to resettle in its territory a large
number of refugees and highlighted legislation and policies for the integration of minorities.
65. The Bolivarian Republic of Venezuela welcomed the ratification of the International
Convention for the Protection of All Persons from Enforced Disappearance.
66. Afghanistan commended Portugal for initiatives taken to promote and protect human
rights.
67. Albania encouraged Portugal to continue its efforts to combat racism and religious
discrimination, and for the integration of minorities and migrants.
68. Algeria congratulated Portugal on its national policies and programmes aimed at
promoting human rights comprehensively and in a coordinated fashion.
69. The delegation of Portugal noted that its security forces received compulsory
training that emphasized fundamental rights, clarifying the limits of action, the disciplinary
regime and the punitive consequences of wrongful police action. The rate of violence and
abuse perpetrated by the security forces was now low. One of several oversight
mechanisms was the system for sending complaints electronically to the General Inspection
of Internal Administration, which had been introduced in 2018 to report situations of
possible police abuse.
70. Portugal had been ranked second in 2015 on the Migrant Integration Policy Index
for its capacity to welcome and integrate immigrants, and had been among the first States to
sign the Global Compact for Safe, Orderly and Regular Migration, for which preparations
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of a national plan were under way. Furthermore, the 2015 Programme for International
Student Assessment had concluded that Portugal was the Organization for Economic
Cooperation and Development country that had most improved its performance on migrant
students in that decade. Foreigners benefited from the principle of equal treatment and
equivalence of rights with national citizens regarding unemployment and health care. The
one-stop shops project and the network of local centres contributed to support
regularization for foreigners.
71. The number of asylum applications had risen from 706 in 2016 to 1,190 in 2018.
Unaccompanied foreign minors were sent to residential homes appropriate to their needs,
which helped to safeguard their best interests both administratively, through the granting of
asylum, and judicially, through the protection of their rights. Portugal had signed the main
conventions concerning statelessness and guaranteed stateless persons who were elderly,
had lived in Portugal for five years and knew the Portuguese language the possibility of
acquiring nationality.
72. Portugal had adopted several mechanisms to combat human trafficking, in addition
to the Fourth National Plan against Trafficking in Human Beings (2018–2021).
73. Portugal had implemented the recommendations concerning racism and racial
discrimination that had been made during the previous review cycles. Indeed, the
Commission for Equality and against Racial Discrimination had strengthened its powers
and the 2018 report of the European Union Agency for Fundamental Rights had highlighted
that Portugal had the lowest rate of violence motivated by racism among the member States.
The new Victim’s Statute enabled victims to report crimes or practices of racial
discrimination at the migrant victim support units, in which victims received support free of
charge.
74. The Choices Programme, now in its seventh edition, had achieved an overall school
success rate of 81.3 per cent, thus promoting the inclusion of children living in vulnerable
contexts, particularly descendants of migrants and of Roma and persons of African descent.
75. Efforts to combat racism, xenophobia and intolerance in schools had been
strengthened through the publication of the National Education for Citizenship Strategy, the
Exit Profile of Students Leaving Compulsory Schooling and a new curricular framework.
76. Angola commended Portugal for implementing policies aimed at the integration of
migrants.
77. Argentina applauded the National Education for Citizenship Strategy and welcomed
the endorsement by Portugal of the Safe Schools Declaration.
78. Armenia welcomed the enhancement of the legal framework on the prevention and
prohibition of racism and policies to combat gender-based and domestic violence.
79. Australia took note of reports of obstacles in bringing to justice perpetrators of
domestic violence, ill-treatment of persons in custody and discrimination against the Roma
community.
80. Austria called for an improvement in the implementation of the legislation on gender
equality and on the prohibition of racial discrimination, particularly by the security forces.
81. Azerbaijan noted the adoption of several comprehensive human rights policy
instruments and commended Portugal for its efforts to eliminate discrimination against
women.
82. The Bahamas noted the efforts in the area of social inclusion and integration of
persons in vulnerable situations and the leadership of Portugal in promoting national
mechanisms for reporting and follow-up.
83. Bahrain welcomed the development of national human rights indicators, while
expressing concern about the lack of full implementation of key human rights commitments.
84. Bangladesh noted the adoption of several human rights instruments on combating
trafficking in persons, migration, social integration, equality and non-discrimination.
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85. Belarus welcomed measures to improve gender equality, but was concerned by
detention conditions and manifestations of racism in migrant centres.
86. Belgium congratulated Portugal on the progress made since the previous review
cycle, but noted that there was still room for further progress.
87. Bhutan noted the mainstreaming of human rights throughout the national
administration and the adoption of policies to strengthen human rights.
88. The Plurinational State of Bolivia highlighted the leadership of Portugal in
negotiating the Sustainable Development Goals, and welcomed the introduction of the
Family Farming Statute, aimed at promoting social cohesion and protecting the
environment.
89. Botswana commended Portugal for adopting human rights policies and ratifying
international instruments. It noted efforts to address hate speech, racism, xenophobia and
intolerance.
90. Brazil encouraged Portugal to strengthen its efforts to address discrimination in
access to education, noted initiatives on racial discrimination, and welcomed the
commitment to promote gender equality.
91. Bulgaria noted that Portugal had taken action to improve the normative, policy and
structural framework in line with the recommendations it had accepted at the previous
review.
92. Cabo Verde noted the cooperation of Portugal with the treaty bodies and welcomed
its integration of sustainable development and human rights and efforts to promote
inclusion and equal opportunities.
93. Canada welcomed the approach taken by Portugal to address migration flows, its
innovative ways of supporting newcomers, and steps to protect the rights of lesbian, gay,
bisexual, transgender and intersex persons.
94. Chile commended the ratification of the International Convention for the Protection
of All Persons from Enforced Disappearance in 2014, and the implementation of plans to
combat trafficking in persons.
95. China noted the commitment of Portugal to sustainable economic and social
development, the improvements concerning employment and social security, and measures
to enhance gender equality and to protect the rights of vulnerable groups. China praised the
commitment of Portugal to promoting dialogue and cooperation in multilateral human
rights systems.
96. Colombia acknowledged the efforts of Portugal to prevent and punish discrimination
by amending the Criminal Code to include physical and psychological disabilities in the list
of prohibited grounds for discrimination.
97. The Congo welcomed the introduction by Portugal of a legal and institutional
framework for combating human trafficking and the adoption of measures for the
beneficiaries of international protection.
98. Croatia welcomed the adoption of the Fourth National Plan against Trafficking in
Human Beings, the Strategic Plan for Migration and the revised National Roma
Communities Integration Strategy.
99. Cuba noted the adverse impact of the economic crisis on the most vulnerable sectors,
and the legislative progress concerning discrimination against migrants and Roma.
100. Cyprus commended measures to implement the international human rights
obligations of Portugal, and welcomed the ratification of the amendments to the Rome
Statute of the International Criminal Court on the crime of aggression (Kampala
amendments).
101. Czechia commended Portugal for accepting all its previous recommendations, and
welcomed the National Roma Communities Integration Strategy.
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102. Denmark commended Portugal for its approval of the National Strategy for Equality
and Non-Discrimination, encompassing a plan of action for equality between women and
men.
103. Djibouti hailed the adoption by Portugal of human rights instruments, including the
Strategic Plan for Migration (2015–2020) and the National Strategy for Equality and Non-
Discrimination (2018–2030).
104. Ecuador underscored efforts to fight racial discrimination, ensure children’s rights
and combat gender-based violence and human trafficking, including the Fourth National
Plan against Trafficking in Human Beings.
105. Egypt highlighted national plans to integrate Roma communities and provide
adequate housing aiming at fighting the adverse impacts of the economic crisis, and efforts
to combat discrimination.
106. El Salvador welcomed the ratification of the Kampala amendments to the Rome
Statue.
107. Fiji noted the absence of information in the national report on domestic initiatives to
address the causes and effects of climate change.
108. Finland commended progress made in the protection of human rights, and in the
implementation of recommendations made during previous review cycles.
109. France welcomed progress made since the previous review, especially regarding
gender equality, adoption rights for same-sex couples and measures to fight harassment.
110. Georgia welcomed the submission of a midterm report and encouraged Portugal to
continue that practice. However, it noted that trafficking in women and children remained a
challenge.
111. Germany appreciated measures to fight against discrimination based on sexual
orientation and gender identity, and steps to combat domestic violence.
112. Ghana welcomed the progress made by Portugal in terms of awareness-raising
initiatives to enhance the visibility of human rights.
113. Greece commended Portugal for the adoption of its National Plans against
Trafficking in Human Beings and the National Strategy for Equality and Non-
Discrimination.
114. Honduras commended the elaboration of national plans and the development of
national human rights indicators on the right to education and the prevention of violence
against women.
115. Iceland welcomed the adoption of the Portuguese Equal Pay Law and applauded
Portugal for being a champion of lesbian, gay, bisexual, transgender and intersex rights.
116. India welcomed the National Commission for the Promotion of the Rights and
Protection of Children and Young People, and measures to combat discrimination against
women.
117. Indonesia welcomed the adoption of the Third and Fourth National Plans against
Trafficking in Human Beings and the Strategic Plan for Migration.
118. The Islamic Republic of Iran expressed concern about discrimination against
refugees, migrants, Roma, Muslims and persons of African descent, and children subjected
to trafficking for the purpose of sexual exploitation.
119. Iraq welcomed the two National Plans against Trafficking in Human Beings, and the
two actions plans to implement Security Council resolution 1325 (2000).
120. Ireland commended Portugal for the adoption of comprehensive policy instruments,
such as the National Strategy for Equality and Non-Discrimination, and for mainstreaming
human rights through its national administration.
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121. Italy commended measures to combat all forms of discrimination and the ratification
of the International Convention for the Protection of All Persons from Enforced
Disappearance.
122. Jordan commended national efforts to enhance human rights, in particular the use of
modern technology and social media to promote human rights.
123. Kazakhstan noted the cooperation of Portugal with the United Nations treaty bodies
and recognized the progress made in children’s rights, the rights of persons with disabilities
and combating human trafficking.
124. Luxembourg welcomed the positive developments that had taken place in Portugal
during the period under review, particularly in the field of mental health and access to
treatment.
125. Madagascar welcomed the ratification in 2015 of the ILO Domestic Workers
Convention and other human rights instruments. It encouraged Portugal to pursue its efforts
and progress.
126. Uzbekistan commended Portugal for its implementation of the recommendations
from the previous review cycle and the adoption of a wide range of universal human rights
instruments.
127. The delegation of Portugal stated that it was investing in raising public awareness of
the need to eradicate domestic violence. The recently adopted National Strategy for
Equality and Non-Discrimination included a plan of action for preventing and combating
violence against women and domestic violence. The number of complaints of such violence
received by the law enforcement authorities had remained relatively stable, at around
27,000 per year. In contrast, between 2014 and 2017, the number of defendants for such
crimes had increased by 18 per cent and the number of those convicted by 14 per cent. An
online complaint form and a free application with information and a direct link to support
services had been accessible since 2017, among other mechanisms for reporting and to
empower victims.
128. The provision and degree of specialization of the services provided for women with
disabilities, persons with mental health issues, lesbian, gay, bisexual, transgender and
intersex persons and victims of sexual violence had been increased. Domestic violence was
included in all annual training plans for judges and prosecutors. Within the Public
Prosecutor’s Office, criminal cases related to domestic violence were assigned to
specialized sections or to specific magistrates. In line with recommendations from
international bodies, a bill was currently under consideration by the parliament to include
within the definition of “especially vulnerable victims” children living in or witnessing
situations of domestic violence.
129. In 2015, the Criminal Code had been amended to include female genital mutilation
as a specific crime and the Victim’s Statute had been approved. Stalking and forced
marriage had also been criminalized. The definition of the crimes of rape and sexual
coercion had been amended to include such acts if they were committed without violence.
The parliament was currently working on initiatives that focused the crimes of rape and
sexual coercion on victims’ lack of consent.
130. Also in 2015, amendments had been adopted to laws on child protection and young
people who were at risk or in conflict with the law, and on regulating parental
responsibilities.
131. The right to self-determination of gender identity and gender expression was
expressly enshrined in legislation. In 2016, legislation had been adopted eliminating
discrimination for same-sex couples in access to adoption and other family relationships.
132. In 2018, an action plan had been adopted to combat discrimination based on sexual
orientation, gender identity and gender expression, aiming at promoting knowledge of the
real situation of lesbian, gay, bisexual, transgender and intersex persons and raising
awareness of the forms of discrimination to which they were subjected.
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133. Regarding the protection of elderly people and persons with disabilities, in 2018 the
legal status of the accompanied adult had been approved, replacing the previous regimes on
disability, enabling individualized responses to provide supported rather than substituted
decision-making.
134. In 2017, a prison rehabilitation plan had been introduced, which would remain in
force until 2027. It aimed to resolve the problem of overcrowding and improve conditions
in Portuguese prisons, particularly with regard to health, including mental health and access
to treatment for HIV and hepatitis. The number of persons under house arrest with
electronic surveillance had risen significantly.
135. In 2016, the Government had presented its action plan for the modernization of the
justice system, with the aim of developing a system that was more transparent, efficient,
human and closer to citizens. The budget for legal aid had doubled from 2018 to 2019, with
an estimated expenditure of about €111 million in 2019. Approximately 200,000 people
benefited from legal aid each year.
II. Conclusions and/or recommendations
136. The recommendation formulated during the interactive dialogue/listed below
has been examined by Portugal and enjoys the support of Portugal:
136.1 Ensure that women, children, persons with disabilities and
indigenous and marginalized communities are meaningfully engaged in the
development of legislation, policies and programmes on climate change and
disaster risk reduction at the local, national, regional and international levels
(Fiji).
137. The following recommendations enjoy the support of Portugal, which considers
that they are already implemented or in the process of implementation:
137.1 Implement the recommendations of the Committee on the
Elimination of Discrimination against Women regarding the intensification of
efforts to combat human trafficking, including to improve mechanisms for the
identification and rehabilitation of victims as well as addressing the root causes
of trafficking (Belarus);
137.2 Implement the recommendation of the Committee on Economic,
Social and Cultural Rights to step up efforts to reduce unemployment,
particularly among young people (Belarus);
137.3 Continue efforts to increase transparency at all levels of governance
and ensure due implementation of laws and regulations on access to
information in order to facilitate democratic participation and control
(Norway);
137.4 Continue to promote, in the multilateral sphere, the strengthening of
national mechanisms for reporting and follow-up (Paraguay);
137.5 Continue to share its experience and promote the creation of national
mechanisms for the implementation of recommendations among other States
(Ukraine);
137.6 Continue the dissemination of national human rights themes to civil
society (Angola);
137.7 Improve the implementation of policies, programmes and strategies
to promote and protect the rights of ethnic minorities, immigrants and refugees,
as well as preventing and combating racism and racial discrimination and
combating domestic violence and violence against women (Mozambique);
137.8 Take all necessary measures to provide the Commission for
Citizenship with sufficient and sustainable resources in order to carry out its
functions effectively (Islamic Republic of Iran);
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137.9 Enhance programmes of dialogue between civilizations, including the
programmes of the working group on dialogue between religions (Jordan);
137.10 Continue to ensure that the Ombudsman’s Office has the necessary
financial, material and human resources to fulfil its mandate (Timor-Leste);
137.11 Continue supporting the Ombudsman with the human, financial and
material resources necessary to discharge its mandate in full compliance with
the Paris Principles (Ireland);
137.12 Strengthen its efforts to raise awareness among the public and civil
servants as well as law enforcement officials on the importance of cultural
diversity and inter-ethnic understanding in order to combat stereotyping,
prejudice and discrimination against refugees, migrants, Roma, Muslims and
persons of African descent (Pakistan);
137.13 Accelerate its efforts to adopt the anti-discrimination draft law,
simplifying complaint procedures and facilitating access to legal aid for the
victims of discrimination (Pakistan);
137.14 Continue to review the mechanisms for responding to complaints of
racial discrimination, and develop further positive measures to promote full
and effective equality and non-discrimination (Maldives);
137.15 Continue its efforts to overcome stereotypical attitudes regarding the
roles and responsibilities of women and men in the family and in society and
eliminate gender-based discrimination by adopting a comprehensive strategy in
this area (Republic of Moldova);
137.16 Increase efforts to find just solutions to complaints to the
Commission for Equality and against Racial Discrimination (Serbia);
137.17 Adopt measures to combat discrimination, exclusion and social
segregation on the basis of national origin, race, sexual orientation or other
forms of intolerance (Uruguay);
137.18 Raise awareness among the public, civil servants and law
enforcement officials of the importance of cultural diversity and inter-ethnic
understanding (Azerbaijan);
137.19 Develop a training programme on gender equality and human rights
for judges and judicial bodies in general that contributes to eradicating
impunity in cases related to domestic violence (Mexico);
137.20 Strengthen measures to combat discrimination based on gender, race
and sexual orientation (Belgium);
137.21 Make further efforts to eliminate discrimination and combat violence
against women (Bhutan);
137.22 Strengthen the National Strategy for Equality and Non-
Discrimination “Portugal + Equal” (Plurinational State of Bolivia);
137.23 Continue evaluating the possibility of including questions on racial
and ethnic issues in the 2021 census (Plurinational State of Bolivia);
137.24 Address all forms of discrimination against persons of African
descent (Botswana);
137.25 Endeavour to adopt a comprehensive strategy to implement measures
to eliminate discriminatory gender stereotypes (Botswana);
137.26 Strengthen human rights education for civil servants, particularly the
police forces, in order to avoid the use of racial or ethnic profiles in the course
of police operations (Colombia);
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137.27 Redouble efforts to combat discrimination, which is still present in
practice, in access to education for children from disadvantaged groups
(Congo);
137.28 Pursue with determination efforts to combat all forms of
discrimination against people of African descent (Congo);
137.29 Ensure broader policy measures in order to tackle the root causes of
intolerance, by promoting intercultural dialogue, education and pluralism
(Croatia);
137.30 Ensure prompt, full and effective implementation of the National
Strategy for Equality and Non-Discrimination 2018–2030 (Denmark);
137.31 Take effective steps to combat all forms of discrimination,
particularly racial discrimination against people of African descent (Djibouti);
137.32 Increase efforts to combat discrimination in access to education,
through legislative mechanisms, public policies and other measures that
guarantee the right to education of persons with disabilities, ethnic minorities,
migrants and their families and other vulnerable groups (Ecuador);
137.33 Raise awareness of the need and discuss the opportunities to advance
gender equality and parity in decision-making at the international, national
and local levels (Finland);
137.34 Continue efforts to achieve real equality between men and women by
amending legislation on voluntary termination of pregnancy to enable full
coverage, by the State, of the cost of the operation ensuring the effective
implementation of women’s rights standards, as well as the fight against
harassment and domestic violence (France);
137.35 Take further steps to accelerate the adoption of the new draft law on
anti-discrimination, simplifying complaint procedures and facilitating access to
legal aid for victims of racial discrimination (Georgia);
137.36 Continue efforts to overcome all kinds of discrimination based on
gender or racial discrimination, including discrimination faced by Roma and
people of African descent (Germany);
137.37 Further implement measures to eliminate discriminatory gender
stereotypes (Greece);
137.38 Redouble efforts to fight against stereotypes, prejudice and
discrimination against refugees, migrants and ethnic minorities (Honduras);
137.39 Provide sufficient and sustainable resources for all public
administration services and bodies to carry out their functions effectively in
combating discrimination against women and promoting gender equality
(Indonesia);
137.40 Combat the spread of racism and stereotypes that promote a negative
image of Roma, migrants, Muslims and others in the media (Jordan);
137.41 Adopt the necessary measures to combat discrimination against
people of African descent (Madagascar);
137.42 Prosecute hate speech and manifestations of racism and intolerance
(Uzbekistan);
137.43 Do not relent in its efforts to prevent and combat racism, racial
discrimination, xenophobia and intolerance, as well as hate speech (Nigeria);
137.44 Investigate, prosecute and punish acts of hate speech, including those
committed by politicians during political campaigns (Pakistan);
137.45 Continue the awareness-raising initiatives and campaigns to combat
online hate speech and racial stereotypes in the media (Romania);
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137.46 Continue its efforts to investigate and, as appropriate, prosecute and
punish acts of hate speech and strengthen its efforts to raise awareness of the
importance of cultural diversity and inter-ethnic understanding in order to
combat stereotyping and discrimination (State of Palestine);
137.47 Intensify its efforts to tackle hate speech, hate crime and
discrimination against refugees, migrants and persons belonging to ethnic or
religious minorities, including through education and awareness on cultural
diversity and inter-ethnic understanding (Thailand);
137.48 Continue efforts to combat hate speech against foreigners in order to
strengthen tolerance and diversity (Tunisia);
137.49 Take further steps so as to ensure that acts of hate speech are
properly investigated and as appropriate, prosecuted and punished (Turkey);
137.50 Strengthen efforts in awareness-raising to combat hate speech and
prejudice against minorities, including refugees, migrants and persons of
African descent (Mauritius);
137.51 Continue to strengthen the fight against discrimination and hate
speech, and ensure that such crimes are punished (Bolivarian Republic of
Venezuela);
137.52 Continue to enhance measures to register and investigate cases of
racist hate speech or incitement to racial hatred, as well as measures to punish
those responsible, including politicians and civil servants (Argentina);
137.53 Investigate and, as appropriate, prosecute and punish acts of hate
speech, and strengthen efforts to raise awareness among the public, civil
servants and law enforcement officials (Bahrain);
137.54 Strengthen actions to fight hate speech and expressions of racism and
xenophobia (Cuba);
137.55 Continue its efforts aimed at combating all forms of racism, racial
discrimination and hate speech (Egypt);
137.56 Investigate, prosecute and punish acts of hate speech, including those
committed by politicians against minorities, including Muslims (Islamic
Republic of Iran);
137.57 Intensify efforts to combat hate speech and spread social awareness
about the importance of diversity, understanding and peaceful coexistence
(Iraq);
137.58 Take effective measures to combat and punish hate speech
(Madagascar);
137.59 Gradually increase overseas development assistance to achieve the
international commitment of 0.7 per cent of its gross national income
(Bangladesh);
137.60 Continue its efforts towards a steady growth in official development
assistance (Bhutan);
137.61 Continue to promote sustainable economic and social development in
order to provide a solid basis for its people to better enjoy all human rights
(China);
137.62 Provide information on the measures taken to address the causes and
effects of climate change domestically (Fiji);
137.63 Ensure that its existing institutional frameworks are reinforced by
integrating climate change into planning and budgeting at the national,
regional and local levels (Fiji);
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137.64 Draft a national action plan on business and human rights
(Germany);
137.65 Take further steps to ensure gender-based violence cases are reported
and perpetrators are prosecuted (Malaysia);
137.66 Intensify efforts to combat domestic violence and ensure that victims
of domestic violence, including dependents, are provided with adequate support
and access to effective justice (Norway);
137.67 Strengthen measures aimed at preventing and combating domestic
violence (Peru);
137.68 Intensify public awareness activities to prevent domestic violence
against women and children and ensure that victims have effective access to
complaint mechanisms (Philippines);
137.69 Strengthen its efforts, in particular within the National Strategy for
Equality and Non-Discrimination, to prevent and combat domestic violence
against women, and ensure that the victims have effective access to protection
and the perpetrators are brought to justice (Republic of Korea);
137.70 Continue a victim-centred approach in the process of preventing and
combating domestic and gender-based violence (Romania);
137.71 Make supplementary efforts to improve the prison system (Russian
Federation);
137.72 Implement fully the national action plan for domestic violence, in
consultation with civil society, to intensify efforts to tackle the practical and
social barriers to progress (United Kingdom of Great Britain and Northern
Ireland);
137.73 Criminalize all forms of sexual violence, in accordance with
international and regional human rights law and standards, and continue to
inform all victims of gender-based violence, particularly with regard to the
filing of complaints, to bring perpetrators to justice (Albania);
137.74 Continue the policy of preventing domestic violence and all other
forms of violence by tackling their root causes (Algeria);
137.75 Take further steps to implement relevant domestic violence
legislation, including specialized training for law enforcement officials, and
continued community awareness initiatives (Australia);
137.76 Ensure reports of violence perpetrated by law enforcement and
prison officials are investigated comprehensively and without delay, with
perpetrators held to account (Australia);
137.77 Implement effective programmes and plans of action which address
root causes to prevent and combat domestic violence (Bahrain);
137.78 Continue efforts, through awareness-raising campaigns and
parenting education programmes, to end the practice of corporal punishment
in all settings, including in the home (Belgium);
137.79 Strengthen measures to prevent and combat domestic violence by
addressing the causes and ensuring the effective implementation of relevant
legal and policy frameworks (Brazil);
137.80 Redouble efforts and measures to eliminate domestic violence (Cabo
Verde);
137.81 Continue its effort to fight domestic violence, with the
implementation of the plan of action contained in the 2018–2030 National
Strategy for Equality and Non-Discrimination, especially the measures aimed
at preventing femicide (Canada);
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137.82 Continue to apply measures for the elimination of gender-based
violence in the domestic sphere (Chile);
137.83 Develop and fund preventive programmes to combat domestic
violence, especially gender-based violence, and to ensure stronger awareness of
the issue among law enforcement and social services (Denmark);
137.84 Intensify efforts to prevent and combat domestic violence and take
specific steps to ensure investigations of all allegations of domestic violence and
abuse (Germany);
137.85 Ensure that policies to combat gender-based violence are victim-
centred, and that adequate protection of the rights and interests of survivors of
violent crimes are guaranteed (Ghana);
137.86 Continue to promote awareness-raising campaigns to inform all
survivors of gender-based violence of their rights, in particular with regard to
lodging complaints and actions to bring perpetrators to justice (Ghana);
137.87 Continue steps to combat and prevent domestic violence against
women and children (Greece);
137.88 Strengthen measures to prevent and combat domestic violence,
addressing its causes and ensuring the effective application of the relevant legal
and regulatory frameworks (Honduras);
137.89 Take all appropriate measures to address gender-based violence in
law, policy and practice, including through prompt, thorough and impartial
investigation into all allegations of gender-based violence (Iceland);
137.90 Ensure the effective implementation of all relevant legal and policy
frameworks intended to combat and prevent domestic violence against women
and children, paying particular attention to obstacles that may prevent victims
from accessing justice (Ireland);
137.91 Strengthen efforts aimed at preventing and combating domestic
violence and ensuring the effective implementation of the relevant legal and
policy frameworks (Italy);
137.92 Continue to take steps to combat and prevent domestic violence
against women and children, and ensure that victims have access to recourse
mechanisms (Luxembourg);
137.93 Strengthen work on anti-corruption, including by fully implementing
the recommendations of the Group of States against Corruption of the Council
of Europe made in the fourth evaluation round (Norway);
137.94 Adopt effective measures to prevent the excessive use of force in the
justice sector, and ensure that all allegations thereof are investigated in a timely
and efficient manner (Norway);
137.95 Redouble efforts aimed at training law enforcement officials about
human rights standards related to their work (Qatar);
137.96 Take further steps to protect the basic rights of inmates and improve
conditions in detention facilities (Republic of Korea);
137.97 Step up coordination between the criminal courts and the family
courts in order to speed up the issuance of protective measures (Spain);
137.98 Reduce the length of time of pretrial detention, which for most
individuals is now six months to a year (United States of America);
137.99 Put an end to immigration-related detention of children, particularly
for unaccompanied and separated children, and instead provide appropriate
care arrangements and community-based programmes to give adequate
support to both children and their families (Afghanistan);
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137.100 Reinforce measures to improve the efficiency of the judicial system
(Angola);
137.101 Continue to strengthen the training provided to law enforcement and
other public officials on the prevention of racial discrimination and domestic
violence (Austria);
137.102 Increase the effectiveness and accessibility of domestic remedies to
respond to complaints of racial discrimination and take measures to address
the backlog of pending discrimination complaints (Bahamas);
137.103 Increase the resources available to provide human rights and cultural
awareness training to officers involved in proximity policing activities (Canada);
137.104 Establish rules on professional conduct in the area of corruption
prevention to Members of Parliament, judges and prosecutors (Czechia);
137.105 Take measures to avoid overcrowding in prisons and ensure full
compliance with the United Nations Standard Minimum Rules for the
Treatment of Prisoners (the Nelson Mandela Rules), particularly those linked
to physical conditions, access to health and education (Spain);
137.106 Take measures to reduce overcrowding in prisons, particularly
through the wider application of non-custodial measures as an alternative to
imprisonment (Sweden);
137.107 Take measures to ensure investigation and appropriate punishment
for police and prison guards responsible for mistreatment and abuse of
individuals in custody, and implement measures to prevent the kinds of
incidents reported in 2017 by the government-run Inspectorate General of
Internal Administration, and in 2016 by the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment
(United States of America);
137.108 Take meaningful steps to ensure sufficient prison capacity to
eliminate overcrowding, keep juveniles out of adult facilities, and separate
pretrial detainees from convicted criminals (United States of America);
137.109 Improve prison conditions, particularly as regards health (France);
137.110 Adopt comprehensive measures to address allegations of ill-treatment
and the problem of overcrowding, as well as the sanitary and health conditions
in prisons (Germany);
137.111 Pursue efforts to prevent prison overcrowding and ensure the full
implementation of the United Nations Standard Minimum Rules for the
Treatment of Prisoners (the Nelson Mandela Rules) (Albania);
137.112 Take measures to prevent overcrowding in prisons and ensure full
implementation of the United Nations Standard Minimum Rules for the
Treatment of Prisoners (the Nelson Mandela Rules) (Austria);
137.113 Take the necessary steps to combat prison overcrowding and ensure
the implementation of the United Nations Minimum Rules for the Treatment of
Prisoners (the Nelson Mandela Rules) (Luxembourg);
137.114 Provide the necessary requirements to implement the programmes
and plans aimed at combating trafficking in persons and ensure victims’ rights,
as well as providing them with protection and help (Qatar);
137.115 Continue to strengthen its efforts to combat trafficking in women and
children with regular monitoring (Sri Lanka);
137.116 Continue to strengthen its efforts to combat trafficking in women and
children (Timor-Leste);
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137.117 Take additional measures and continue to organize awareness-raising
activities on the risks of human trafficking for the purpose of labour
exploitation (Togo);
137.118 Continue efforts to combat human trafficking, in particular through
identifying child victims among refugees (Tunisia);
137.119 Ensure the identification and security of victims of trafficking,
particularly children, in the asylum procedure (Ukraine);
137.120 Continue actions to combat trafficking in persons and strengthen
measures to prevent, detect and punish this crime (Bolivarian Republic of
Venezuela);
137.121 Continue with measures to combat trafficking networks, particularly
in the case of unaccompanied minor asylum seekers and migrants, through a
procedure for the identification and protection of victims of trafficking in the
asylum procedure (Argentina);
137.122 Pursue efforts to combat trafficking in persons, ensuring that
perpetrators are prosecuted and that victims receive specialized treatment
aimed at the full restoration of their rights (Colombia);
137.123 Strengthen further national policies to combat sexual exploitation
and trafficking in human beings (Cyprus);
137.124 Strengthen actions to combat human trafficking, with emphasis on
identification and protection of victims of trafficking, especially in the asylum
procedure (Georgia);
137.125 Continue efforts in the field of identifying and protecting victims of
trafficking in the asylum procedure (Greece);
137.126 Continue measures against trafficking in children and eradicate
forced child labour (India);
137.127 Enhance measures to combat human trafficking and address
domestic and gender-based violence (Nepal);
137.128 Develop the national plan to combat trafficking in persons in order to
eliminate this scourge (Jordan);
137.129 Revise legislation to provide for equal treatment of men and women
with regard to conditions following divorce (Iceland);
137.130 Increase policies to make it possible to implement in practice the
legislative provisions that focus on non-discrimination between men and
women in employment, especially with regard to the differences in pay in
middle and high income categories in positions occupied predominantly by men
(Paraguay);
137.131 Improve women’s access to the labour market and apply the
principle of equal pay for equal work in all economic sectors (Senegal);
137.132 Adopt specific measures to eliminate the wage gap between men and
women in the labour market (Spain);
137.133 Take measures aiming at bridging the gender wage gap and
combating discrimination against men and women in the labour market, as well
as applying the principle of equal pay for equal work in all sectors of the
economy (Syrian Arab Republic);
137.134 Adopt measures to reduce the gender pay gap (Bangladesh);
137.135 Continue with efforts to increase equal opportunities in employment
and education (Cabo Verde);
137.136 Continue working to ensure equal pay for men and women for equal
work (Egypt);
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137.137 Improve access to the labour market for women, especially young
women, and apply the principle of equal pay for work of equal value in all
sectors of the economy (Honduras);
137.138 Adopt measures to reduce the gender pay gap and combat domestic
and gender-related violence (India);
137.139 Increase employment opportunities for women, in particular migrant
women, and narrow the wage gap between sexes (Iraq);
137.140 Continue taking effective measures to promote employment for
young persons (Kazakhstan);
137.141 Take specific measures to reduce the wage gap between men and
women and eliminate its causes at all levels (Uzbekistan);
137.142 Increase its efforts to reduce unemployment, in particular among
young persons, with a view to moving gradually towards the full realization of
the right to work (Afghanistan);
137.143 Improve access to decent housing, particularly for the Roma, through
social housing projects (Spain);
137.144 Continue implementation of the Social Emergency Plan launched in
2011 with a view to mitigating the impact of the economic and financial crisis
on vulnerable persons (Togo);
137.145 Make available adequate resources, which would improve the
housing conditions in the country (Turkey);
137.146 Take further concrete and effective steps to improve access to
housing, education and employment for Roma communities (Australia);
137.147 Strengthen efforts to eliminate discrimination in access to housing
and ensure the right to adequate housing for Roma and people of African
descent living in substandard conditions (Bahamas);
137.148 Make available adequate resources to improve housing conditions,
particularly for marginalized groups (Canada);
137.149 Strengthen the economic, social and cultural rights of vulnerable
groups by continuing efforts to reduce precarity in certain neighbourhoods
(France);
137.150 Continue its efforts to address the negative impacts of the economic
crisis on disadvantaged groups by providing access to employment and
affordable housing (Indonesia);
137.151 Continue to address the gaps in social protection coverage and ensure
that the social assistance system effectively targets those at high risk of poverty
(Maldives);
137.152 Continue to strengthen disposable household incomes, particularly
for the most vulnerable groups and those most at risk of poverty and exclusion,
such as low paid workers and those living on low pensions (Bolivarian Republic
of Venezuela);
137.153 Step up efforts to combat poverty, especially with regard to families
with disabled children (Algeria);
137.154 Take appropriate measures to address economic inequality, poverty
and underdevelopment in rural areas (India);
137.155 Intensify efforts for better access to sexual and reproductive health
(Cyprus);
137.156 Review national laws, policies and implementation of comprehensive
sexuality education to ensure the fulfilment of sexual and reproductive health
and rights, and undertake an independent expert evaluation of the development,
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implementation and impact of comprehensive sexuality education in schools
(Finland);
137.157 Further strengthen its efforts to promote access to education,
including for vulnerable groups such as ethnic minorities, women and girls (Sri
Lanka);
137.158 Strengthen its efforts to address discrimination in access to education,
which continued to occur in practice, especially against women and girls, and
migrants and their families (Afghanistan);
137.159 Reduce the school dropout rate by tackling its socioeconomic causes
(Algeria);
137.160 Identify the root causes of and take concrete steps to reduce the early
school dropout rate among Roma children (Bahamas);
137.161 Ensure equal access to education, especially for members of ethnic
minorities, women and girls, migrants and their families and other
disadvantaged groups (Bahrain);
137.162 Continue its efforts to address discrimination in access to education
against disadvantaged groups such as ethnic minorities, women and girls,
migrants and their families (Bangladesh);
137.163 Continue implementing the national adult literacy plan and share this
experience as an example of good practice (El Salvador);
137.164 Eliminate discrimination concerning access to education, particularly
as regards women migrants, children and ethnic minorities (Uzbekistan);
137.165 Adopt further measures to ensure full enjoyment of the rights of
women, particularly in the education and employment sectors (Malaysia);
137.166 Implement specific social intervention programmes for those women
at risk of exclusion, particularly migrant, asylum-seeking and Roma women
(Spain);
137.167 Continue its efforts to promote and enhance the rights of women
(Armenia);
137.168 Enhance efforts for the promotion and protection of women’s rights
and gender equality (Myanmar);
137.169 Adopt an action plan aimed at decreasing the high number of female
victims of domestic violence in Portugal, in line with Sustainable Development
Goal 5 (Netherlands);
137.170 Continue implementation of the National Strategy for Equality and
Non-Discrimination and its action plans, especially on combating violence
against women and domestic violence (Slovenia);
137.171 Continue to take measures to prevent and protect women and girls
from any incidence of gender-based violence (Sri Lanka);
137.172 Facilitate prosecution of domestic violence by strengthening measures
for victim protection, in order to ensure that laws prohibiting violence against
women are fully enforced (Sweden);
137.173 Continue allocating adequate funding to combat violence against
women (Malta);
137.174 Continue efforts to prevent violence against women (Tunisia);
137.175 Step up measures to increase access to specialized psychosocial and
legal support in Court proceedings for all victims of violence against women,
including by promoting and supporting the role of specialist organizations
(Austria);
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137.176 Take further steps in combating domestic violence, particularly
additional measures to prevent and protect women and girls from gender-based
violence in the domestic sphere (Montenegro);
137.177 Prevent and combat domestic violence against women (Congo);
137.178 Take measures to combat violence and discrimination against women
(Cuba);
137.179 Strive to increase the representation of women in political life, in all
legislative bodies, at all levels, as well as in decision-making positions in the
executive branch, the diplomatic service, the Supreme Court of Justice and
other public authorities (Serbia);
137.180 Take special temporary measures to improve women’s professional
skills with a view to empowering them in society (Togo);
137.181 Continue efforts to encourage women’s entrepreneurship, including
in the information and communications technology sector (Bulgaria);
137.182 Increase the participation of women in political decision-making,
especially in the executive branch, the foreign service, the Supreme Court and
other areas of public administration (Colombia);
137.183 Increase the representation of women in public and political life
(Iraq);
137.184 Enlarge women’s participation in political life and their
representation in management positions (Uzbekistan);
137.185 Continue efforts for the protection of children, including by finalizing
the national strategy aimed at improving the implementation of the Convention
on the Rights of the Child (Malaysia);
137.186 End immigration-related detention of children, particularly for
unaccompanied and separated children, and ensure appropriate care
arrangements to give adequate support to both children and their families
(Pakistan);
137.187 Continue taking measures directed at empowering youth and
promoting the full enjoyment of human rights by young people (Republic of
Moldova);
137.188 Accelerate efforts to eliminate child labour, ensuring that legal action
is taken against perpetrators (Sri Lanka);
137.189 Take measures to end detention of refugee, asylum-seeking and
migrant children and adopt alternatives to detention that adhere to the
principle of the best interests of the child and are in line with the Convention on
the Rights of the Child (Thailand);
137.190 Take specific measures to address the issue of child marriage among
some groups of the population (Mauritius);
137.191 Adopt a comprehensive national strategy on children’s rights and
child protection, and assign the coordination of its implementation to a national
institution (Mexico);
137.192 Accelerate activities to reduce the early school dropout rate among
Roma children (Montenegro);
137.193 Promote the social inclusion of children and young people from the
most vulnerable socioeconomic contexts (Cyprus);
137.194 Increase protection to child victims of trafficking by criminalizing
sexual exploitation of children trafficked across borders and increasing
practical resources to improve identification of victims, and ensure access to
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specialized victim support and shelter (United Kingdom of Great Britain and
Northern Ireland);
137.195 Strengthen existing mechanisms to combat trafficking in persons,
especially of children and adolescents (Chile);
137.196 Continue its efforts to combat child trafficking (Myanmar);
137.197 Strengthen measures to address all forms of discrimination against
minorities (Malaysia);
137.198 Continue implementing measures to combat prejudice and
discrimination against minorities and vulnerable groups (Philippines);
137.199 Take measures to address the low rate of education among minority
groups (Mauritius);
137.200 Increase efforts to protect and safeguard the human rights of
migrants, including in particular unaccompanied minors and children
separated from their families (Ecuador);
137.201 Ensure the effective application of the standards aimed at abolishing
discrimination and violence against persons belonging to minorities, especially
with regard to the law of 23 August 2017 which establishes a more stringent
legal regime for preventing, prohibiting and combating discrimination on the
basis of origin (France);
137.202 Continue efforts for the full integration of minorities and migrants in
the society by ensuring access to basic social services (Nepal);
137.203 Continue efforts in the area of fostering social inclusion of vulnerable
groups, in particular persons belonging to ethnic and religious minorities
(Kazakhstan);
137.204 Continue efforts to ensure that Roma children attend and remain
within the educational system, through an intercultural approach (Peru);
137.205 Further strengthen the implementation of the National Roma
Communities Integration Strategy (2013–2020) (Philippines);
137.206 Improve access to housing, education and employment for individuals
of the Roma communities, in order to fight racial discrimination and improve
integration (Sweden);
137.207 Take measures aimed at ending discrimination against the Roma
community in the areas of access to education, housing, employment and access
to health-care facilities (Syrian Arab Republic);
137.208 Strengthen measures to combat the discrimination against and social
exclusion and segregation of Roma, including within the framework of the
implementation of the National Roma Communities Integration Strategy 2013–
2022 (Albania);
137.209 Continue to make efforts to combat discrimination against the Roma
population for their economic and social integration and for full respect for
their culture and traditions (Brazil);
137.210 Continue to strengthen measures to avoid discrimination against
Roma children in education (Chile);
137.211 Strengthen the implementation of the National Roma Communities
Integration Strategy to guarantee their rights to access to adequate housing,
education and basic public services (Colombia);
137.212 Increase measures to combat discrimination against and social
exclusion and segregation of Roma communities (Croatia);
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137.213 Continue efforts for the integration of Roma, migrants and other
minorities, their access to education, health, employment and housing, as well
as participation in political and social life (Cuba);
137.214 Ensure effective implementation of the National Roma Communities
Integration Strategy (2013–2020) (India);
137.215 Eliminate all walls and other barriers segregating Roma communities
and put an end to the practice of placing Roma pupils in separate classes
(Islamic Republic of Iran);
137.216 Take the necessary steps to ensure appropriate access to education,
housing, employment and health care for the Roma (Luxembourg);
137.217 Ensure inclusive education and accessibility of health-care services
and facilities for persons with disabilities (Malaysia);
137.218 Continue to promote the rights of persons with disabilities, including
by reviewing legislation in the area of their right to legal capacity (Peru);
137.219 Review legislation and policies in order to provide persons with
disabilities with an effective legal remedy in cases of discrimination (Bahrain);
137.220 Take further steps to extend welfare services and assistance to
children with disabilities (Bulgaria);
137.221 Increase assistance to migrants, through improvements to the
support centres to provide people with the necessary information in different
languages (Nicaragua);
137.222 Continue with efforts to provide free access to education for migrant
girls and boys in order to guarantee the proper development of these children
(Nicaragua);
137.223 Continue with its efforts to protect the rights of migrants, combat
human trafficking and protect the rights of victims of human trafficking
(Nigeria);
137.224 Continue with strategic programmes in migration with civil society
(Russian Federation);
137.225 Ensure the establishment of more effective mechanisms, which would
strengthen the quality of integration of refugees (Turkey);
137.226 Provide human and material resources to the institutions responsible
for the integration of refugees (Mexico);
137.227 Continue efforts to prepare a national plan for the implementation of
the Global Compact for Safe, Orderly and Regular Migration and the global
compact on refugees (El Salvador);
137.228 Continue providing the health and education services available to
migrants (El Salvador).
138. The following recommendations will be examined by Portugal, which will
provide responses in due time, but no later than the forty-second session of the
Human Rights Council:
138.1 Ratify the Convention on the Non-Applicability of Statutory
Limitations to War Crimes and Crimes against Humanity (Armenia);
138.2 Take legal measures to adopt a definition of child pornography in line
with the Optional Protocol to the Convention on the Rights of the Child on the
sale of children, child prostitution and child pornography (Islamic Republic of
Iran);
138.3 Continue to combat racial discrimination and hate speech, and
safeguard the rights of ethnic minorities (China);
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138.4 Ensure that its policies, legislation, regulations and enforcement
measures effectively serve to prevent and address the heightened risk of
business involvement in abuses in conflict situations, which include situations of
foreign occupation (State of Palestine);
138.5 Take the necessary measures to adequately address sexual violence in
laws and policies, and ensure that all forms of non-consensual sexual acts are
included in the definition of rape under the Criminal Code (Belgium);
138.6 Adopt specific legal provisions to criminalize child trafficking for
sexual purposes and sexual exploitation in the context of travel and tourism
(Islamic Republic of Iran).
139. The recommendations formulated during the interactive dialogue/listed below
have been examined by Portugal and have been noted by Portugal:
139.1 Adopt an open, merit-based process when selecting national
candidates for United Nations treaty body elections (United Kingdom of Great
Britain and Northern Ireland);
139.2 Ratify the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families (Paraguay) (Senegal)
(Azerbaijan) (Bangladesh);
139.3 Consider ratifying the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families (Philippines)
(Sri Lanka) (Uruguay) (Djibouti);
139.4 Positively consider ratifying the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their
Families (Indonesia);
139.5 Establish an independent external oversight mechanism to investigate
misconduct by law enforcement officials by the fourth universal periodic review
cycle (Czechia);
139.6 Establish an independent external oversight mechanism to investigate
alleged misconduct by law enforcement officials, including excessive use of
force and ill-treatment (Ghana);
139.7 Provide protection and support to the family, as it is the natural and
fundamental unit of society (Egypt);
139.8 Amend the law on the voluntary termination of pregnancy and
eliminate excessively constraining provisions, including the minimum reflection
period and the requirement of a fee (Iceland);
139.9 Take further measures to promote women’s participation in political
affairs, for instance by increasing the threshold of the “parity law” to 50 per
cent and apply it equally to lists, outcomes and the whole national territory
(Malta);
139.10 Increase the legal age of marriage from 16 to 18, in line with
Sustainable Development Goals 5 and 16 (Netherlands).
140. All conclusions and/or recommendations contained in the present report reflect
the position of the submitting State(s) and/or the State under review. They should not
be construed as endorsed by the Working Group as a whole.
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Annex
Composition of the delegation
The delegation of Portugal was headed by H.E. Ms. Teresa RIBEIRO, Secretary of
State for Foreign Affairs and Cooperation, and composed of the following members:
• H.E. Ms. Isabel ONETO, Secretary of State for Internal Administration;
• H.E. Ms. Anabela PEDROSO, Secretary of State for Justice;
• H.E. Ambassador Rui MACIEIRA, Permanent Representative, Geneva;
• Ms. Sónia MELO E CASTRO, Deputy Permanent Representative, Geneva;
• Mr. Francisco Alegre DUARTE, Deputy Director-General for Foreign Policy,
Ministry for Foreign Affairs;
• Ms. Vera ÁVILA, Director, Department for International Political Organizations,
Ministry for Foreign Affairs;
• Mr. João Pina de MORAIS, First Secretary, Permanent Mission of Portugal, Geneva;
• Mr. Eduardo PINTO DA SILVA, First Secretary, Permanent Mission of Portugal,
Geneva;
• Mr. João ALBUQUERQUE, Adviser to the Secretary of State for Foreign Affairs
and Cooperation;
• Ms. Carina Antas FERREIRA, Desk Officer, Human Rights Division, Ministry for
Foreign Affairs;
• Ms. Rute FERREIRA, Intern, Permanent Mission of Portugal, Geneva;
• Mr. Eduardo QUÁ, Coordinator for International Relations, High Commission for
Migrations;
• Presidency Council of Ministers;
• Ms. Andreia MARQUES, International Relations Officer at the Commission for
Citizenship and Gender Equality, Presidency Council of Ministers;
• Mr. Eurico SILVA, Inspector at the General Inspection for Internal Administration,
Ministry of Internal Affairs;
• Mr. Paulo POIARES, Lieutenant Colonel, Ministry of Internal Affairs (GNR);
• Mr. Hugo GUINOTE, Inspector, Ministry of Internal Affairs (PSP);
• Mr. Jorge PORTAS, Coordinator Inspector, Ministry of Internal Affairs (SEF);
• Mr. Miguel BARROS, Adviser to the Minister, Ministry of Internal Affairs;
• Professor Miguel ROMÃO, Director-General for Justice Policy, Ministry of Justice;
• Ms. Sara ALMEIDA, Head, International Relations Department, Ministry of Justice;
• Ms. Aurora BARRETO, Adviser to the Secretary of State for Justice, Ministry of
Justice;
• Ms. Filipa Aragão HOMEM, Consultant, Ministry of Justice;
• Ms. Lurdes CAMACHO, Director International Relations, Strategic, Planning and
Cultural Evaluation, Department, Ministry of Culture;
• Professor João QUEIROZ, Director-General for Higher Education, Ministry for
Science, Technology and Higher Education;
• Ms. Janine COSTA, Director, Cooperation and International Relations, Ministry of
Education;
• Professor Pedro ABRANTES, Adviser to the Minister, Ministry of Education;
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• Ms. Maria João ALMEIDA, Director, Social Intervention Unit, Institute for Social
Security, Ministry of Labour, Solidarity and Social Security;
• Ms. Ana Margarida SANTOS, Desk Officer, Department for International Relations
and Cooperation, Ministry of Labour, Solidarity and Social Security;
• Ms. Beatriz ANTUNES, Desk Officer, Department for Employment, Institute for
Employment and Professional Training, Ministry of Labour, Solidarity and Social
Security;
• Ms. Carlota VIEIRA, Director, International Relations, Ministry of Health;
• Mr. Guilherme DUARTE, Adviser to the Secretary of State for Health, Ministry of
Health;
• Ms. Isabel DIAS, President of the Executive Council, Institute for Housing and
Urban Rehabilitation; Ministry for Infrastructures and Housing;
• Ms. Diana SIMÕES, Coordinator, Department for Public Relations and
Communication, Ministry for Infrastructures and Housing.
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