por Portugal aos Órgãos de Controlo da Aplicação
dos Tratados das Nações Unidas em Matéria de
Concluding observations of the
Committee on Economic, Social and Cultural Rights : Portugal. 01/12/2000.
E/C.12/1/Add.53. (Concluding Observations/Comments)
COMMITTEE ON ECONOMIC, SOCIAL AND
CONSIDERATION OF REPORTS SUBMITTED
BY STATES PARTIES UNDER ARTICLES 16 AND 17 OF THE COVENANT
Concluding observations of the
Committee on Economic, Social And Cultural Rights
1. The Committee on Economic, Social and Cultural
Rights considered the third periodic report of Portugal on articles
1 to 15 of the Covenant (E/1994/104/Add.20) at its 58th, 59th and
60th meetings, held on 14 and 15 November 2000, and, at its 74th
meeting, held on 24 November 2000, adopted the following concluding
2. The Committee expresses its appreciation
to the State party for the full and detailed report it submitted
and for the additional information it provided orally and in writing
during the constructive dialogue held by the members of the Committee
and the delegation of Portugal.
B. Positive aspects
3. The Committee commends the State party on
its efforts to implement the recommendations made in connection
with its second periodic report, particularly legislative measures
to promote equality between men and women introduced through law
No. 105/97 of 13 September 1997.
4. The Committee welcomes the fact that the
State party has indicated its strong support for an optional protocol
to the Covenant and has ratified the Additional Protocol to the
European Social Charter providing for a system of collective complaints.
5. The Committee welcomes the State party's decision to ratify International
Labour Organization Convention No. 118 (Equality of Treatment (Social
6. The Committee commends the efforts the State party is making
to promote the independence of East Timor and the substantial assistance
it is providing to that United Nations-administered territory.
C. Factors and difficulties impeding the implementation of the Covenant
7. In the light of information submitted to
it by the State party the Committee does not find any factors or
particular difficulties that impede the full implementation of the
D. Principal subjects of concern
8. The Committee regrets that approximately
one fifth of the population of the State party still lives below
the poverty line and that no comprehensive study of the problem
of poverty has been undertaken by the State party.
9. The Committee is concerned about the lack of a national human
rights plan in accordance with the recommendation contained in paragraph
71 of the 1993 Vienna Declaration and Programme of Action.
10. The Committee expresses its concern about the occurrence of
child labour in breach of the State party's international obligations,
in particular, its obligations under the Covenant.
11. The Committee expresses its concern about cases of intolerance
and discrimination with regard to Roma people, refugees and immigrants.
The Committee also notes with concern that foreign workers cannot
enrol in the vocational guidance and training courses to which Portuguese
workers are entitled.
12. The Committee expresses its concern at the persistence of discrimination
against women in the fields of employment and equality of wages
and opportunity with men. Another subject of concern is the phenomenon
of violence against women, including marital violence.
13. The Committee is also concerned at the increase of trafficking
in women which is linked to organized crime.
14. The Committee takes note with concern of the increase in paedophilia
and child pornography. These phenomena are associated with the increase
in drug trafficking and consumption and other criminal activities
which endanger the security and health of the population of the
15. The Committee notes with concern the relatively high school
drop-out rates and the rate of high illiteracy in the State party.
E. Suggestions and recommendations
16. The Committee urges the State party to review
its general strategy for the eradication of poverty and step up
its activities to combat it.
17. The Committee calls on the State party to
adopt a national human rights plan in accordance with paragraph
71 of the Vienna Declaration and Programme of Action, of 1993.
18. The Committee urges the State party to intensify its efforts
to create a culture of tolerance and to eliminate all forms of discrimination,
in so far as they affect women, Roma, asylum seekers and immigrants.
19. The Committee urges the State party to allow foreign workers
to enrol in the vocational guidance and training courses to which
Portuguese workers are entitled.
20. The Committee recommends that the State party ensure stricter
application of the legal provisions guaranteeing men and women equal
pay for equal work.
21. The Committee suggests that the State party strictly implement
the measures at its disposal to monitor and impose the appropriate
penalties on persons or companies using child labour.
22. The Committee recommends that the State party intensify its
efforts to prevent drug addiction among young people and impose
appropriate penalties on persons who commit offences relating to
paedophilia, child pornography and trafficking in women. The Committee
also recommends that the State party give due consideration to ratifying
ILO Convention No. 138 (minimum age).
23. The Committee urges the State party to intensify its campaign
against the persisting problem of illiteracy in the State party.
24. The Committee requests the State party to disseminate the present
concluding observations widely at all levels of society and reflect
their implementation in the next periodic report.
25. The Committee has decided that the fourth periodic report of
the State party should be submitted by the State party by 30 June