Apresentados por Portugal aos Órgãos de Controlo da
Aplicação dos Tratados das Nações Unidas
em Matéria de Direitos Humanos
Reply to List of Issues : Portugal. 25/04/2000. HR/CESCR/NONE/2000/2.
(Reply to List of Issues)
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Twenty second session, Geneva, 25 April-12 May 2000
Item 6 of the provisional agenda
I. GENERAL INFORMATION
1. In the light of the Committee's decision to give effect to its
follow-up procedure in the framework of the consideration of reports,
the Committee would appreciate information on the specific measures
the Government of Portugal has taken to implement the recommendations
contained in the concluding observations of the Committee on the State
party's previous reports.
1.1. The Committee's recommendations (E/C.12/1995/4,
paras. 12, 13, 14, 15) concerned equality between men and women,
a gradual increase in the minimum wage, a guarantee of the right
to housing and access to secondary and higher levels of education
for persons from lower-income families.
1.2. Portugal is trying to promote and attain
these objectives. Some of the recommendations may have been addressed
in the report on the basis of which the present questionnaire has
been drawn up. Further details will most certainly emerge from the
replies to the questions it contains.
2. Breakdown of government spending for social
security, education and culture.
2.1. The creation of conditions for a competitive,
employment-generating economy, the promotion of social solidarity
and respect for a culture of civic responsibility have formed the
basis of the broad policy options of the Plan for the last four
2.2. Many reforms are under way to implement
these objectives, entailing far-reaching changes in the institutional,
social and economic spheres. These reforms will require a new attitude
and different forms of intervention and organization on the part
of the State, economic agents and the Portuguese people.
2.3. The progress of the structural reforms
in social security, health, housing, public administration and taxation
has been paralleled by matching efforts in the financial sphere,
consisting of increased budget allocations for these areas, and
measures required for firm management of public expenditure and
tighter financial control.
2.4. In terms of the functional allocation of
public expenditure, the budget is divided among general government
(including the social services of public administration, national
defence and public safety and order); social services proper (education,
health, social security and welfare, housing and the provision of
cultural recreational and religious services); economic functions
(agriculture, industry and energy, transport and communications,
commerce and tourism and other economic functions) and other functions
(public debt operations, transfers between public administrations
2.5. The budget allocations for 1996 were as
follows: 727,207.978 million escudos for general government and
2,360,431.004 million for social services (education 840,283.369
million; health 708,498.378 million; social security and welfare
621,466.211 million; housing and collective services 120,708.752
million; and cultural, recreational and religious services 70,104.294
2.6. In 1997, social services had a budget of
2,591,915.064 million escudos, distributed as follows: education
923,101.616 million; health 758,611.156 million; social security
and welfare 708,241,836 million; housing and collective services
135,658.062 million; cultural, recreational and religious services
2.7. The 1998 budget for social services was
2,858,130.606 million escudos, distributed as follows: education
1,028,132.024 million; health 837,921.982 million; social security
and welfare 766,206.127 million; housing and collective services
138,504.026 million; cultural, recreational and religious services
2.8. In 1999 the budget allocated 863,473.571
million escudos for general government; 3,078,265.322 million for
social services (distributed as follows: education 1,098,472.823
million; health 891,716.104 million; social security and welfare
836,069.462 million; housing and collective services 164,069.220
million; cultural, recreational and religious services 87,937.713
million); 485,177.463 million for economic functions; and 4,321,674.647
million for other functions, including 3,506,304.727 million for
public debt operations.
2.9. In 1999, the social security budget provided
for income of 1,622 billion escudos and expenditure of 1,936,815.671
million. Expenditure was divided as follows: 188,115 million for
children and youth; 271,825 million for the economically active
population (health care, births, work-related illnesses and employment-related
subsidies such as unemployment benefit); 270,022.671 million for
the family and the community; 243,525 million for invalidity and
rehabilitation; and 901,373 million for the elderly.
2.10. Ministry of Culture expenditure grew every
year between 1995 and 1999. From 29,177.849 million escudos in 1995
it rose to 30,799.060 million in 1996, 32,938.106 million in 1997,
40,398.999 million in 1998 and 44,490 million in 1999.
2.11. On 1 July 1997, the guaranteed minimum
wage entered fully into force as a right for Portuguese nationals
who meet the required conditions. In that year, a transfer of 25.3
billion escudos from the State budget to the social security budget
was authorized by joint Order No. A-11/97-XIII in order to fund
that benefit. The same procedure was followed in 1998 (34.5 billion
escudos) and 1999 (37.5 billion).
2.12. By implementing the provisions of the
social security outline law in this way, the State has ensured that
the social security budget has remained in credit.
2.13. In addition, during the term of the legislature
which ended on 10 October 1999, the social welfare budget increased
by around 16 per cent per year. This year (1999), it is expected
to increase by 18 per cent, which will make it possible to improve
the quality of life of the potentially most vulnerable target groups
- the elderly and children at risk - and to provide better protection
for the sectors traditionally targeted by social welfare.
2.14. Trends in total social welfare expenditure
by areas of action between 1993 and 1999 (budget allocation) are
shown in annex I.
3. Please indicate the position of the Government
of Portugal with regard to the recommendation of the World Conference
on Human Rights concerning the preparation of an optional protocol
to the International Covenant on Economic Social and Cultural Rights.
3.1. The Portuguese authorities have on successive
occasions expressed views on the preparation of an optional protocol
to the International Covenant on Economic, Social and Cultural Rights.
3.2. Portugal is in favour of the adoption of
a protocol to the Convention on the Elimination of All Forms of
Discrimination against Women, a protocol to the Convention against
Torture and a protocol to the International Covenant on Economic,
Social and Cultural Rights making it possible for the Committees
to receive individual complaints concerning State actions.
3.3. The admissibility of a mechanism allowing
individual complaints for violation of a right mentioned in the
Government is based on Portugal's recognition and affirmation of
the principle of the universality of human rights.
4. Please provide information as to whether
non-governmental organizations were consulted in the process of
drafting the report.
4.1. On completion of the third report of Portugal
concerning the implementation of the International Covenant on Economic,
Social and Cultural Rights, the text was sent on 10 November 1997
to Portuguese NGOs working in fields relating to the rights recognized
by the Covenant, with a request for their comments. To the Portuguese
Government's knowledge, of the NGOs contacted (Caritas Portugal,
the Standing Committee of Non-Governmental Organizations for Cooperation
and Development, the Portuguese League for the Protection of Nature,
the Study Group on Territorial and Environmental Planning (GEOTA),
the General Workers' Union (UGT), the General Confederation of Portuguese
Workers (CGTP), the Union of Portuguese Mutual Benefit Societies,
the Union of Private Social Solidarity Institutions, the Union of
Religious Charitable Institutions, the National Confederation of
Family Associations and the Platform of NGOs in the Advisory Council
of the Commission on Equality of Rights for Women) only the last-named
made any comments; these were communicated to the Office of the
United Nations High Commissioner for Human Rights (OHCHR).
II. ISSUES RELATING TO THE GENERAL PROVISIONS
OF THE COVENANT (arts. 1-5)
Article 1. Self-determination
5. What progress has been made in the diplomatic negotiations with
Indonesia regarding the self-determination of East Timor?
5.1. The people of East Timor exercised their
right to self-determination on 30 August 1999.
5.2. Remarkable progress has been made on the
East Timor issue in the last 17 years, since the General Assembly
requested the Secretary-General to enter into consultations with
all the parties directly concerned in order to seek a solution to
the problem. At the heart of the process begun in East Timor is
the 5 May Agreement, concluded through the Secretary-General's good
offices (A/53/951 and S/1999/513, of 5 May 1999).
5.3. Under the terms of this Agreement, the
Secretary-General was asked to consult the East Timorese people
on the status of the territory by means of a direct, secret ballot
on the basis of universal suffrage. This marks the culmination of
the lengthy efforts made by the international community, and in
particular by Portugal, to guarantee the Timorese people's right
to determine their own future. Under the tripartite 5 May Agreement
regarding the modalities for the popular consultation in East Timor,
Indonesia was given responsibility for security in the territory
in order to enable the referendum to be held.
5.4. The referendum that took place on 30 August,
in which 98.6 per cent of the registered voters participated, was
the culmination of the struggle of the Timorese people themselves,
who have never surrendered their right to decide their own destiny.
It can only be deplored that they were unable to do so under all
the conditions necessary for a decision of such importance, as even
before the referendum process got under way, the militias carried
out a campaign of terror and intimidation as members of the Indonesian
armed forces and police looked on, in order to hinder voting.
5.5. The results of the referendum (78.5 per
cent rejected the Indonesian proposal for autonomy, thereby opening
the way to independence) immediately unleashed acts of terror and
systematic violations of human rights, which had an impact on all
East Timorese. Some managed to take refuge in the mountains, where
they lived in frightful conditions, while others were obliged to
leave the territory and are now in refugee camps.
5.6. In the face of such barbarity, Portugal
requested the United Nations to intervene. Measures were taken,
in particular the adoption of Security Council resolution 1264,
and the Indonesian Government accepted deployment of an international
force in East Timor (INTERFET).
5.7. During the tragic events in East Timor,
all human rights, including the right to life, were systematically
violated, and the humanitarian situation is catastrophic.
5.8. The Government of Portugal then requested
the convening of a special session of the Commission on Human Rights
in order to consider the human rights situation in East Timor, in
a letter dated 9 September 1999 addressed to the United Nations
High Commissioner for Human Rights. Portugal welcomes the adoption
of Commission on Human Rights resolution 1999/S-4/1 (adopted at
its fourth special session) on the human rights situation in East
Timor, in which it "Calls upon the Secretary-General to establish
an international commission of inquiry [...], to gather and compile
systematically information on possible violations of human rights
and acts which may constitute breaches of international humanitarian
law committed in East Timor since the announcement in January 1999
of the vote and to provide the Secretary-General with its conclusions
5.9. Portugal hopes that the international commission
of inquiry will be able to gather evidence and information on violations
of international humanitarian law in East Timor, in order to make
it possible for the perpetrators of such violations to be brought
Article 2.2. Non-discrimination
6. Paragraphs 98, 99 and 100 show clearly that the concept of race
applied in the legal and administrative systems in Portugal is quite
incorrect from both the anthropological and legal standpoints.
6.1. Under the section on article 5 in the report
of Portugal, reference is made to the "concept of race"
and the case law of the Constitutional Commission and the Constitutional
Court (paras. 98-100), seeking to define the concept.
6.2. The definition is certainly unfortunate.
It has, however, been of use in regulating the behaviour of the
police and the rural police (National Republican Guard) forces towards
the Gypsy populations.
6.3. Nevertheless, this "concept of race"
is not a concept that is currently applied in the Portuguese legal
order. It is an old legal concept that has not been applied since
1989 and will probably not be reincorporated into case law, since
the legislation and praxis adopted in the intervening period have
changed the Portuguese legal order.
6.4. It follows then that the concept of race
referred to is not an official concept and that it has never been
used outside the specific legal framework of the case in point within
which it first arose.
Article 3. Equality between men and women
7. Cooperation between the Commission on the Equality and Rights of
Women (CIDM) and national organizations.
7.1. The tasks of the Commission on the Equality
and Rights of Women (CIDM) are:
- To participate in global and sectoral policy
formulation, particularly in connection with the situation of women
and equal rights as between men and women;
- To contribute to any legislative changes deemed
necessary in the various fields by proposing measures, issuing opinions
on draft laws and proposals for legislation and encouraging the
creation of mechanisms necessary for the effective observance of
- To promote measures for broader participation
by women in development and in political and social life;
- To promote measures to make women and society
at large aware of the discrimination against women which still exists;
- To conduct and stimulate interdisciplinary
research into issues pertaining to the equality and situation of
women. This aim should be achieved in particular by making the competent
bodies aware of the need for statistics on the situation of women
in matters within their purview and of the need to publicize research;
- To inform the public through the media;
- To take a stance on issues affecting equality
of rights and opportunities, the situation of women and compatibility
between family and occupational responsibilities;
- To cooperate with international and foreign
organizations with objectives similar to those of the Commission.
7.2. Only the last of these tasks has an international
dimension. All the others necessarily entail collaboration with
8. What measures has the Government taken to
reduce the imbalance between men and women in the number of managerial
posts and promotions in the civil service, as referred to in paragraph
8.1. Under Council of Ministers resolution No.
49/97 of 24 March, the Comprehensive Equal Opportunity Plan was
approved, covering all economic, social and cultural policies.
8.2. Under Objective 1, the ministries participating
in the Plan (the Office of the Prime Minister, the Ministry of Internal
Affairs, the Ministry of Territorial Supply, Planning and Administration,
the Ministry of Justice, the Ministry of Economic Affairs, the Ministry
of Agriculture, Rural Development and Fisheries, the Ministry of
Education, the Ministry of Health, the Ministry of Skills and Employment,
the Ministry of Solidarity and Social Security and the Ministry
of Science and Technology) are responsible for:
1. Preparing and gathering information on the
national and Community rules relating to measures to obtain equality
between men and women and taking steps to ensure that they are publicized
by, in particular, civil servants and employees of bodies directly
or indirectly managed by the public authorities (central, regional
and local), autonomous administrations, solidarity and social security
bodies and educational establishments. It is the task of the Commission
on the Equality and Rights of Women (CIDM) to implement this measure,
and it should be provided with the necessary resources;
2. Encouraging the inclusion of topics relating
to equality of opportunity between men and women in the courses
and training measures for all persons employed in central, local
and regional administrations;
3. Encouraging the inclusion of topics relating
to gender issues and equality of opportunity in school curricula
and in the initial and in-service training imparted to teaching
staff and other education professionals, including those involved
in training within the labour market;
4. Incorporating a requirement for gender disaggregation
in all evaluation instruments and statistical data from public bodies
that produce statistical information, so as to improve planning
and the implementation of various sectoral policies. To that end,
a representative of the Office of the High Commissioner for the
Promotion of Equality and the Family has been appointed to the Statistics
5. Taking account of gender issues in studies
relating to the impact of various measures and programmes of all
government departments, with a view to assessing their effect on
the living conditions of men and women;
6. Finding ways of incorporating the principle
of equality in the implementation of the programmes of the community
support structure, in particular at the level of vocational training
and job creation, by introducing specific measures designed to promote
equality of opportunity into the rules for the various programmes;
7. Incorporating specific measures to promote
equality of opportunity into the agreements reached in the Standing
Council for Social Dialogue and including a specific point on progress
in the area of equality in the relevant follow-up reports. To that
end, a representative of the Office of the High Commissioner for
the Promotion of Equality and the Family has been appointed to the
Standing Council for Social Dialogue in order to monitor the implementation
of these measures;
8. Fostering equality between men and women
in sports policy;
9. Introducing measures to support and encourage
associations and NGOs engaged in the defence of human rights generally
and of the principle of equality of opportunity.
8.3. Objective 2 of the Plan relates to the
prevention of violence and ensuring adequate protection for women
victims of crimes of violence.
Objective 3 relates to the promotion of equality
of opportunity in employment and in employer-employee relations.
1. Stepping up monitoring of the implementation
of the rules defined in Decree-Laws Nos. 392/79 of 20 September
and 426/88 of 18 November by the Commission for Equality in Labour
and Employment and the Inspectorate-General of Labour, whose officials
should be trained for that purpose;
2. Establishing within the Commission for Equality
in Labour and Employment an observatory to monitor equality concerns
in collective labour agreements, particularly in terms of detection
and prevention of direct or indirect discrimination, and to encourage
the introduction of positive measures and a culture of equality
in the context of the enterprise; awareness should be promoted among
trade union and employer negotiators;
3. To promote the dissemination in all bodies
forming part of the public administration of documents containing
proposals designed to ensure equality of opportunity within those
bodies and to create machinery for the implementation and enforcement
of the measures proposed;
4. To ensure compliance with the provisions
of Decree-Law No. 440/91 of 4 November, regulating home work and
work performed in a collective workshop, by means of awareness promotion
campaigns directed at women working in these circumstances;
5. To encourage enterprises to adopt positive
measures, such as the recruitment of women who have been unemployed
for long periods or are over age 40, the integration of women into
occupational branches in which they are insufficiently represented
or the admission of young persons to practical training imparted
at the workplace and enabling them to enter working life;
6. In the sphere of social consultation, to
promote the adoption of concrete positive measures during the negotiation
of collective labour agreements;
7. To establish a specific status for women
farmers and the spouses of men farmers by introducing a mandatory
scheme of substitution, taking into account the specific nature
of the conditions of farming;
8. To encourage women to take up entrepreneurial
activity by the promotion of specific forms of support of a financial
and technical nature for their efforts to start enterprises and
to undertake the widespread dissemination of those programmes;
9. To promote the participation of women in
vocational training and to increase the opportunities open to them
to acquire new skills and enter new occupational sectors in which
they are underrepresented, and also to gain access to managerial
10. To promote the development of their occupational
careers, in particular by the inclusion in the rules governing programmes
financed by the European Social Fund of priorities or additional
payments in respect of measures directed to the pursuit of these
8.4. Objective 4 of the Plan relates to compatibility
between private life and life at the workplace; Objective 5 to the
social protection of the family and maternity; Objective 6 to the
promotion of women's health; and Objective 7 to education, science
8.5. Law No. 105/97 of 13 September guarantees
the right to equal treatment at the workplace. Article 1 of the
law defines its scope; it is applicable to all public or private
entities and is designed to guarantee the effective implementation
of the right of persons of both sexes to equality of treatment at
the workplace and in employment.
8.6. Article 2 defines as indirect discrimination
any measure, criterion or practice which, although apparently neutral,
causes severe prejudice to individuals of one sex (specifically,
by reference to civil or family status) without objective justification
based on a mandatory reason or condition unrelated to sex.
8.7. Article 3 specifically stipulates that
a considerable disparity between the proportion of workers of one
sex in the service of an employer and the proportion of workers
of the same sex employed in that particular branch of activity is
indicative of discrimination.
8.8. The other provisions of the law specify
the means of enforcing the right to equality of treatment between
persons of the two sexes.
Article 4. Limitations of economic, social and cultural rights
9. What has been the significance of the activities of the terrorist
association Fuerza Popular 25, mentioned in paragraph 80?
9.1. Two judgements have been handed down on
cases of terrorism in Portugal concerning the activity of FP-25.
9.2. The judgements in question are: the judgement
of the Supreme Court of Justice dated 22 June 1988 in case No. 39,596
(published in Ministry of Justice Bulletin No. 378, July 1988, pp.
355 ff.) and the judgement of the Supreme Court of Justice dated
19 December 1990 in case No. 40,825 (published in Ministry of Justice
Bulletin No. 402, January 1991, pp. 347 ff.).
9.3. According to those judgements, the accused
had alleged the establishment of a political organization for the
pursuance of the strategic and general objective of socialism within
the historical and concrete context of the socialist revolution
in Portugal. That intent had been under discussion, in which individual
citizens and political organizations had participated, since 1977
within the framework of a "Global Project".
9.4. Terrorist activity had developed with the
FP-25 groups, some of the members of which were militants within
the Global Project. Those individuals, as members of FP-25, had
committed terrorist acts. The FP-25 groups constituted the armed
wing of the Global Project; they were also known as the "Armed
civil structure" (ECA).
9.5. Terrorist activity began at the end of
1979 and the beginning of 1980. It consisted of seizures of weaponry,
the perpetration of acts giving rise to the death, wounding and
intimidation of individuals and the seizure or destruction of objects
belonging to others. To that end, bombs, grenades, firearms, explosive
devices, mortars and war material (and specifically machine guns)
9.6. The two judgements upheld the sentences
given at first instance level. An application for a ruling was addressed
to the Constitutional Court, and the accused appealed to the European
Court of Human Rights. In both cases the accused lost, i.e., their
appeals were rejected. However, in 1996 an amnesty law was voted
under which they recovered their freedom. The reason given was that
the movement had vigorously identified itself with the revolution
of 25 April 1974, which restored democracy in Portugal.
10. Is there a law or regulation governing the
length of time during which documents may remain classified?
10.1. Under the terms of articles 4, 5 and 6
of Law No. 6/94, of 7 April, concerning State secrets, documents
classified as State secrets are declassified when classification
has been mistakenly ordered or when changes in circumstances permit.
10.2. Orders to classify or declassify documents
must be substantiated; a classification order must specify the period
of classification and the time limit within which classification
must be reviewed. The period of classification as a State secret
and within which a review of classification must take place may
not exceed four years.
III. ISSUES RELATING TO SPECIFIC PROVISIONS
OF THE COVENANT (articles 6 to 15)
Article 6. The right to work
11. Tables 4 to 6 in the report show that unemployment increased steadily
from 4.2 per cent in 1992 to 7.3 per cent in 1996. What measures has
the Government taken to deal with this problem?
11.1. Since 1997 the rate of unemployment has
been steadily falling. In continental Portugal (i.e. not including
the Azores and Madeira) it declined from 7.3 per cent in 1996 to
6.7 per cent in 1997, 5.0 per cent in 1998 and 4.8 per cent in the
first quarter of 1999.
11.2. This decline is due primarily to the expansion
which Portugal has enjoyed since 1995; during that period actual
production has grown faster than production capacity. This reflects
the extent to which, in view of its historical profile, the economy
can grow in a year without requiring more labour than during the
11.3. In addition to the measures mentioned
in the report, a number of active employment policy measures have
been adopted. Mention may be made of the following:
- Order No. 476/94 of 1 July 1994 concerning
the promotion of self-employment among unemployed persons receiving
unemployment benefit. The purpose of that order is to encourage
the persons concerned to apply for the payment of those benefits
as a lump sum to set themselves up as self-employed persons. The
assistance given to that end consists of the payment of all unemployment
benefits due as a lump sum; in addition, on application and in justified
cases, a money grant not exceeding 12 times the amount of the monthly
minimum wage may also be awarded.
- Decree-Law No. 22/97, of 23 January, as amended
by Council of Ministers resolution 58-A/98 of 4 May, established
a scheme for the support of young entrepreneurs. Its purpose is
to provide support for projects aimed at the creation, expansion
and modernization of enterprises whose majority owners are young
entrepreneurs aged between 18 and 35 years. The support scheme for
young entrepreneurs (SAJE) provides for a number of forms of support.
These consist of investment grants, grants for the creation of jobs,
the provision of venture capital, bank loans, mutual guarantees
and networks of enterprises. The amounts of the grants for investments
and the creation of jobs are increased where the majority or all
of the promoters are young persons who are unemployed or first-time
job seekers and possess a minimum level of education (grade 3 or
higher), recipients of the guaranteed minimum wage, handicapped
persons or women.
- Law No. 72/98 of 3 November introduced tax
incentives for the creation of jobs for young people. Under this
law expenditure on the creation of completely new jobs for workers
under 30 years of age and recruited under contracts of indefinite
duration are treated as cost items at a rate of 150 per cent of
actual expenditure for a period of five years, subject to a ceiling
of monthly expenditure of 14 times the minimum monthly wage for
each job created.
- Council of Ministers resolution No. 91/99
of 12 August established a programme of support for private welfare
initiatives aimed at bringing about qualitative and quantitative
improvements in services designed for the elderly. This programme
(PAIPS) provides for support for investment, the creation of new
jobs and training. Support for the creation of new jobs is given
where those jobs are taken up by unemployed persons; the amount
of support is increased where the jobs are taken up by persons receiving
the minimum guaranteed wage, young persons between ages 18 and 30
seeking work for the first time, the long-term unemployed or handicapped
persons. An equal opportunity bonus is payable when at least five
jobs are created and not more than 60 per cent of those jobs are
occupied by persons of the same sex.
- Order No. 1191/97 of 21 November, concerning
the establishment of centres for the support of the creation of
enterprises (CACE), is designed to promote the creation of new enterprises
in the geographical areas covered by the different centres; the
latter provide these enterprises with physical and technical resources
with a view to the creation of jobs.
- Within the framework of the Social Employment
Market (Council of Ministers resolution 104/96 of 9 July), and under
the terms of Order No. 192/96 of 30 May (job promotion activities),
a number of orders have been issued jointly by the Ministry of Labour
and other ministries and protocol agreements have been concluded
between the Employment and Vocational Training Institute and certain
ministerial departments. Among these, mention should be made of
- Joint Order No. 132-A/Ministry of Education/Ministry
for Skills and Employment/96 of 29 July establishes a programme
of leisure-time occupations for juveniles and children in basic
and secondary education; the programme is also open to unemployed
persons registered at job centres;
- Joint Order No. 612/Ministry of Labour and
Solidarity/Ministry of the Environment/98 of 1 September established
a programme of support for specific training and the development
of occupational activity on the premises of services responsible
for cleaning, the clearing of watercourses and the maintenance and
operation of the hydrographic network for unemployed persons registered
at job centres;
- Joint Order No. 449/Ministry of the Economy/Ministry
of Labour and Solidarity/98 of 10 July established a programme of
support for specific training and the development of occupational
activity in the fields of tourism promotion, with a view to the
development of the nation's historical, cultural and natural heritage,
for unemployed persons registered at job centres;
- Joint Order No. 464/Ministry of the Interior/Ministry
of Labour and Solidarity/98 of 16 July is designed to incorporate
unemployed persons registered at job centres in the teams clearing
scrub-covered areas (maquis) in order to prevent forest fires;
The protocol concerning cooperation between
the Employment and Vocational Training Institute and the Directorate-General
for Health established a new category of job: that of health auxiliary.
Health auxiliaries are to assist in the provision of care to aged
persons who are sick but do not require institutional care.
Order No. 348-A/98 of 18 June provides for the
promotion of "integration enterprises" (non-profit-making
bodies) within the framework of the social employment market. The
objectives of these enterprises are:
- To combat poverty and social exclusion by
integration or reintegration into working life;
- To promote the acquisition and development
of personal, social and occupational skills sufficient for the exercise
of an activity;
- To create jobs in order to meet social needs
not met by the normal functioning of the market and for the promotion
of local social development.
The scheme is designed to assist the long-term
unemployed and unemployed persons in a disadvantageous situation
in the labour market. It comprises support for investment; assistance
with running costs during the training of workers in the course
of integration; and integration bonuses payable to employers who
agree to offer contracts of indeterminate duration to persons in
the course of their reintegration once the process has been completed.
The Training for Employment programme was established
by prescriptive Order No. 52/93 of 8 April, the text of which was
subsequently amended by prescriptive Order No. 54/97 of 29 August
and, more recently, by Order No. 763/99 of 27 August.
Training schemes within this programme combine
an element of theoretical training with an element of practical
training in a real working environment. It offers level II skills
and is designed for unemployed persons aged 16 or over who have
completed their compulsory schooling and are registered at job centres.
Trainees are entitled to training bursaries, subsistence allowances
and insurance against personal accidents; allowances are payable
to training coordinators and technical tutors, and the cost of trainers
is also paid. Beneficiary bodies which conclude contracts of indeterminate
duration with trainees at the end of their training and thus create
new jobs are entitled to integration bonuses.
Decree-Law No. 51/99 of 20 February established
a scheme for the provision of employment and training in rotation.
Under this scheme an enterprise can offer its employees an opportunity
to obtain continuing training and at the same time enable unemployed
persons to obtain occupational experience within the framework of
the duties performed by the workers undergoing such training. The
forms of support available consist of a contribution towards the
remuneration of the replacement worker, payment of the costs arising
from the obligation of the employer to pay social security contributions,
sharing of the cost of teachers and exemption from payment of obligatory
contributions in respect of the workers replaced.
The Life and Employment programme was established
by Council of Ministers resolution No. 136/98 of 4 December. Its
aim is to permit the social and occupational reintegration of drug
addicts who are following or have completed courses of treatment.
The scheme provides for the following specific measures: mediation
for purposes of training and employment; a period of practical training
for social and occupational integration; a bonus on achievement
of social and occupational integration; and support for employment
The cooperative development programme (PRODESCOOP)
was established by Order No. 52-A/99 of 22 January. It includes
support for investment, the creation of new jobs and technical assistance
in connection with the establishment of new cooperatives, the development
of new activities within existing cooperatives and new unions, federations
Law No. 19-A/96 of 29 June established an integration
scheme associated with the award of the guaranteed minimum wage.
In that connection mention must be made of the Fund for Support
of Integration in New Activities (FAINA), established by Order No.
11749/97 of 26 November, issued by the Minister of Solidarity and
Social Security. That fund was established to give financial support
in respect of the costs of investment and setting up in self-employment
(including preparation for self-employment) incurred by persons
receiving the minimum guaranteed income.
11.4. Mention must also be made of the important
agreement obtained during the Luxembourg jobs summit held in November
1997 concerning the objectives underlying the priority given to
employment in the Amsterdam Treaty and the process of giving operational
effect to that priority.
11.5. That agreement highlights the need to
link the coordination of macroeconomic policies with the mobilization
of Community policies within a strategy for the creation of secure
employment in Europe.
11.6. The priority given to employment is supported
by a joint dynamic of Community and national plans designed in such
a way as to ensure that the formulation of European objectives is
compatible with their translation into concrete terms at national
level within a framework of autonomy and respect for the specificity
of situations in each country.
11.7. Thus guidelines for employment policies
have been framed around four main pillars, namely (1) improvement
of employability; (2) development of entrepreneurial spirit; (3)
promotion of greater adaptability among enterprises and workers;
(4) strengthening of equal opportunity policies. A set of objectives,
both qualitative and quantitative, has been established to assist
efforts at national level to implement those guidelines and to make
progress towards the coordination of employment policies.
11.8. Following the above-mentioned agreements,
the National Plan for Employment was adopted in 1998; it is subject
to annual review. The plan has given rise to the adoption of a number
of measures in addition to some of those mentioned earlier. The
measures taken include:
- The launching of the INSERJOVEM initiative,
designed to give all young people a fresh chance before they complete
six months of unemployment. The initiative comprises training, retraining,
occupational and employment experience and all other measures of
a nature to facilitate their integration into working life. It was
launched in 1998 in pilot zones and is to be extended to the whole
country by the end of the year 2000;
- The launching of the REAJE initiative, which
aims to give all unemployed adults a fresh chance before they complete
12 months of unemployment. It comprises the elements already mentioned;
alternatively, it offers individual vocational guidance. This initiative
was launched in 1998 in pilot zones and is to be extended to the
entire country by the end of the year 2000;
- The extension of the REAJE initiative to cover
the long-term unemployed;
- The expansion of training facilities for the
employee population; the objective is to have 10 per cent of the
total employee population in training by the year 2002, with a balance
between the two sexes;
- Plans to double the number of young people
in apprenticeship (sandwich-type training) by the year 2002;
- A strengthening of training-in-employment
programmes; a target of 15,000 placements in 1999 has been set;
- The time necessary to constitute an enterprise
is to be reduced from approximately six months to three weeks. To
that end seven centres to handle the formalities of enterprise creation
and two extensions will have been established by the end of 1999.
12. To what does the Government attribute the
alarming decline in youth employment (by 20 per cent between 1992
and 1996, according to paragraph 142) and what measures has it taken
to change this trend?
12.1. The decline of about 20 per cent in the
numbers of young persons employed between 1992 and 1996 paralleled,
but with a greater order of magnitude, the decline in the total
number of persons employed during the same period.
12.2. Both declines were due to the recession
which Portugal experienced between 1991 and 1995, a period during
which the actual growth of production fell short of the growth of
12.3. The steeper decline observed among young
workers is to be attributed to the higher proportion of atypical
and insecure jobs - which are more vulnerable during recessions
- held by workers in that age group.
12.4. In addition, the downward trend in the
rate of youth employment is common to all countries in the Europe
12.5. Although the trend has been more pronounced
in Portugal, our rate of youth employment is still above the average
rate of youth employment in the European Union.
| Employment rate
(15-24 age group)
|Europe of 15
Source: EUROSTAT, Labour force survey.
12.6. The decline is certainly related to the
extension of the period of schooling and/or the frequency of training
(even part-time) not related to a job.
12.7. Since 1997 the youth unemployment rate
has been steadily declining.
| Unemployment rate
|15-24 age group
Source: National Statistical Institute (INE)
* Figures calculated in accordance with the
method used in series IE-98.
12.8. In addition, the percentage of young persons
totally unemployed has been steadily declining for a number of years.
|Percentage of young persons totally unemployed
Source: INE (IE)
* Figures calculated in accordance with the
method used in series IE-98.
12.9. It can also be observed that, again from
1997 onwards, the numbers of young persons in employment have been
|Numbers of young persons in employment
Source: INE (IE)
* Figures calculated in accordance with the
method used in series IE-98.
12.10. The declines observed and the above-mentioned
increase are primarily due to the expansion which the economy has
experienced since 1995; during these years actual production has
grown faster than production capacity.
12.11. The set of active employment policy measures
currently in force, the measures referred to in the report and those
described in the earlier reply have also contributed to this situation.
Young persons are always potential beneficiaries (and sometimes
sole beneficiaries) of these measures.
13. Which national groups of migrant workers
are discriminated against in Portugal?
13.1. No statistics have been found on this
subject in Portugal. However, cases of discrimination do certainly
exist, and Parliament has adopted Law No. 20/98 of 12 May to address
13.2. The new law on employment of non-nationals
abolishes the quantitative restrictions on the recruitment of foreign
workers established by Decree-Law No. 97/77 of 17 March, which provided
that, in businesses with over five workers, 90 per cent must be
l3.3. Under article 2, foreign citizens legally
resident in Portuguese territory enjoy the same working conditions,
and on the same terms, as workers of Portuguese nationality in the
exercise of their occupational activities.
l3.4. Article 3 governs working conditions.
Thus an employment contract concluded between a foreign citizen
and an employer operating in Portuguese territory, when the contract
is to be executed in Portugal, has to be in writing, to be signed
by both parties and to include the following information:
(a) the identity of the parties, the branch
of activity of the recruiting body and details of the worker's temporary
or permanent permit to reside in Portuguese territory;
(b) the place of work or, where there is no
fixed or principal place of work, an indication of the fact that
the worker has to perform his duties at different sites and details
of the headquarters or registered address of the employer;
(c) the category of work or the functions to
(d) the amount and frequency of remuneration
and the form in which it is to be paid;
(e) the normal length of the working day or
(f) the dates on which the contract is concluded
and enters into effect.
13.5. A fixed-term contract must comply with
the rules laid down in Decree-Law No. 64-A/89 of 27 February.
13.6. Under article 4, before the work begins,
the employment contract has to be submitted to the relevant section
or sub-section of the Institute for the Improvement and Inspection
of Working Conditions (IDICT).
13.7. One copy remains on file with IDICT and
two copies are given back to the employer, who must give one to
13.8. If an employment contract is terminated,
the employer must inform IDICT of the fact within two weeks.
13.9. Penalties are provided for in article
7 for cases of failure to discharge any of the obligations set forth
in the present law.
13.10. Nationals of countries in the European
Union receive absolutely identical treatment to that of Portuguese
nationals and are exempted from the formal requirements of article
5. For nationals of countries that ensure equality of treatment,
which are in the majority, the article 5 formalities referred to
above are applicable. However, a notice concerning the employment
of non-nationals in Portuguese territory, published in the Labour
and Employment Bulletin, No. 17, of 18 May l999 (1st series), exempts
most workers from the obligation to conclude an employment contract
in writing, thus putting them on a par with Portuguese workers.
13.11. The formal requirements under article
5 are still imposed where nationals of other countries or stateless
persons are concerned.
13.12. The absence of formal requirements means
that the general rules for employment contracts apply to all workers
concerned: an unwritten commitment is equivalent to a contract of
indeterminate duration, while a fixed-term contract must comply
with the formal requirements of Decree-Law No. 64-A/89 of 27 February.
14. Please provide comparative statistical tables
for the past five years for unemployment, disaggregated by economic
sector, gender and age.
14.1. We venture to include here some tables
that we feel will be clearer than any commentary.
Population in employment, by
|| 4 251.5
|| 4 225.1
|| 4 250.5
|| 4 331.8
|| 4 526.4
|Agriculture, forestry and fisheries
|Industry, construction, energy and water
|| 1 393.4
|| 1 363.6
|| 1 334.8
|| 1 369.1
|| 1 634.7
|| 2 367.9
|| 2 384.0
|| 2 397.6
|| 2 373.7
|| 2 287.0
Source: INE (IE)
* Figures calculated in accordance with the
method used in the IE-98 series.
Population in employment, by
|| 4 251.5
|| 4 225.1
|| 4 250.5
|| 4 331.8
|| 4 526.4
|| 1 171.2
|| 1 084.2
|| 1 087.7
|| 1 064.2
|| 1 047.7
|| 1 075.1
|Over age 54
Source: INE (IE)
* Figures calculated in accordance with the
method used in the IE-98 series.
Population in employment, by
|| 4 251.5
|| 4 225.1
|| 4 250.5
|| 4 331.8
|| 4 526.4
|| 2 352.2
|| 2 331.1
|| 2 342.4
|| 2 379.8
|| 2 501.6
|| 1 899.3
|| 1 894.1
|| 1 908.1
|| 1 952.0
|| 2 024.9
Source: INE (IE)
* Figures calculated in accordance with method
used in IE-98 series.
Article 7: The right to just and favourable conditions of work
15. What measures has the Government taken to improve the situation
of working individuals, in particular women, who have children or
elderly persons as dependents?
15.1. In addition to the Government Programme
(Programme of the Thirteenth Constitutional Government, in Diário
da Assembleia da República, II Series-A, No. 2, of 8 November
1995), which in its Part Four - Social Policies - includes under
the heading of Solidarity and Social Security an item 1.2, "Supporting
the family and fostering equality between men and women", therE
are other programme instruments designed to create measures aimed
at improving the living and working conditions of workers with family
15.2. Both the Comprehensive Equal Opportunity
Plan (annexed to Council of Ministers resolution 49/97 of 24 March),
whose goal is to achieve full and effective equality between men
and women in all economic, social and cultural policies, and the
Plan for a Comprehensive Family Policy (annexed to Council of Ministers
resolution No. 7/99 of 9 February), which aims to guarantee better
living conditions and better human relations within families, include
among their social measures elements whose objective is:
- to promote among the social partners within
the Standing Council for Social Dialogue the idea of sharing responsibility
for conciliation of private, social and family life, particularly
through the introduction of new ways of organizing work time and
the creation of incentives for enterprises, such as the award of
a prize or the adoption of awareness-raising measures, so that they
will take such steps as allowing more flexible working hours and
working through the day without a break or adopting other family
protection measures, where shift work, or family group work is practised,
so as, for instance, to ensure that one of the parents can take
care of the children;
- to set up institutions providing child care
(creches and kindergartens), care for the elderly (home help and
day-care centres) and for the disabled (recovery and rehabilitation
centres), and to endeavour to make these institutions' working hours
flexible, while ensuring the presence of qualified staff;
- to make it easier to resume professional activities
after an interruption for family reasons, notably by on-going vocational
training and retraining schemes;
- to promote special social protection measures
for lone women and men with responsibility for handicapped persons;
- to define a legal framework to cover housework
and care for family members;
- to adopt measures in transport and urban rehabilitation
policies aimed at shortening the distance between the workplace
and the home.
15.3. The report of March l998 from the Office
of the High Commissioner for the Promotion of Equality and the Family
assesses the measures set forth in the Comprehensive Equal Opportunity
Plan (the assessment of the policies developed within the Plan for
a Comprehensive Family Policy will be presented to the Council of
Ministers in 2001).
15.4. In this context, the following measures
should be mentioned:
- the holding of courses and training activities
for all central, local and regional administration officials, in
which themes linked to equal opportunities for men and women have
- the adaptation by the Department of Educational
Resources Management of the Ministry of Education maximum period
of time off provided by law, in terms of the school timetable, in
cases where teachers in the second and third primary and secondary
teaching cycles are breast-feeding twins, to be extended subsequently
to kindergarten and first-cycle primary school teachers;
- the preparation by the Secretary of State
for Public Administration of a draft decree-law which will permit
a new form of work organization and greater flexibility of working
- the selection of the agency that is to mount
public opinion campaigns to enhance awareness of the importance
of sharing family responsibilities if family equilibrium is to be
maintained and the development of children and young people ensured;
- the study of a draft legal instrument for
the establishment of reception centres in special cases of inability
to obtain housing (lone-parent families, populations at risk, the
- introducing new social solutions, through
the social job market, to improve the quality of family life, especially
- a study to establish the principle of joint
postings for married couples in the context of appointments within
the public administration.
15.5. Another report was prepared in March 1999
by the Study Centre on Social Intervention (CESIS) - a private,
non-profit association set up in l992, doing research in the social
field. This report also assesses the implementation of the Comprehensive
15.6. In the report, which covers the period
from March to November l998, we see that, out of the 52 measures
contained in the Comprehensive Equal Opportunity Plan, only four
have not yet been implemented.
15.7. The report mentions the following developments
with regard to the measures advocated:
- the drafting of a legal instrument that would
introduce a new way of organizing work and allow more flexible working
- the drafting of a legal instrument on reception
- the initiation of a study on the division
of time between paid and unpaid activities performed by men and
women, as part of the planned measure for the definition of a legal
framework to cover housework;
- the preparation by the Ministry of Education
of facilities for adolescent mothers in school, with a view to their
- a public opinion awareness campaign with the
slogan "Couples who share the work increase the quality of
life". This included a television spot entitled "Ana Cristina",
a radio spot, two-page advertisements in newspapers and magazines
and posters in the public transport system and in the Regional Directorates
of Health. (The campaign ran from 15 September to 15 November 1998
and was co-financed by the European Social Fund.)
15.8. A national campaign for the reconciliation
of work and family life began in March 1999. The High Commissioner
for the Promotion of Equality and the Family, the Coordinator of
the European Social Fund in Portugal and the Chairpersons of the
Commission on the Equality and Rights of Women and the Commission
on Equality in Employment coordinated their efforts with a view
to extending the period of commemoration of International Women's
Day throughout the whole of the month of March, publicizing the
theme "Working life and the family: we need to reconcile them"
to ensure that the issue would be taken up all over the country.
15.9. The campaign included training for women
municipal councillors and officials with decision-making powers
in local communities (about 40 municipalities took part in the campaign).
The second stage of the publicity campaign on the sharing of household
tasks ran from March to April on the same basis as the first, but
with a televised spot entitled "Francisco".
15.10. A sticker about the campaign was also
distributed to all ministries and throughout the civil service for
use on correspondence.
l5.11. Seminars were held in March on the same
l5.12. A series of 12 programmes on reconciling
family and working life was sent to local radio stations throughout
the country. The programmes approached the subject from various
angles: couples who share their responsibilities, local communities
that use local infrastructure to facilitate such sharing, businesses
that encourage it among their workers and plans to spread news of
good practice in this regard.
15.13. With a view to disseminating good practice
in reconciling working and family life, the Commission on Equality
in Employment has issued a handbook for businesses on the subject.
16. Has the Government taken special measures
to arrest the loss of purchasing power of the minimum wage referred
to in paragraph 215?
l6.1. The principle of an annual review of the
minimum wage is established by Decree-Law No. 69-A/87 of 9 February.
However, the review of the level of the minimum wage has basically
been annual and, since the updating of 1977, there has been reference
to the need to review the minimum wage every year (Decree-Law No.
49-B/77 of 12 February in article 7 expressly states, referring
to the updating of guaranteed minimum wages, that those minima will
be reviewed in December of each year).
16.2. Although the review of the level of the
minimum wage has basically been annual, with the date of entry into
force being generally 1 January each year, there have been occasional
- there was no updating during the year in question
(1976 and 1982);
- the date of entry into force did not coincide
with the beginning of the year (1975, for example);
- the updating remained in force for over twelve
months (between April 1978 and September 1979, for example);
- or the updating occurred at some point in
the course of the year (1989, in July).
16.3. In Portugal the minimum wage is not automatically
index-linked either to inflation or to average earnings. In practice,
the updating of the minimum wage is part and parcel of the incomes
policy and the employment policy defined by the Government and takes
account of expected inflation (or, before the 1990s, of actual inflation)
and of expected gains in overall and sectoral productivity in the
economy, while seeking to ensure real increases in the minimum remuneration
and to maintain employment levels, always bearing in mind principles
of equity, justice and social solidarity and endeavouring to attenuate
16.4. For the period 1997-1999 an agreement
was signed on strategic cooperation, on the model of the Social
Dialogue, which stipulates that minimum remuneration, understood
as the statutory minimum wage, "taking into account its social
function and also its contribution to employment promotion, must
be updated annually, taking as reference the rate of inflation in
tradeable goods and productivity gains in the exposed sectors of
the economy, and must show a greater rise than the average wage".
16.5. In 1999 the updating of the minimum wage
formed part of "the Government's defence in recent years of
that instrument's economic and social importance", as a guarantee
of a minimum value for the wage income of those who receive it and
as a point of reference for the movement of wages and various social
benefits (Decree-Law No. 49/99 of 16 February).
16.6. Over the last five years the statutory
minimum wage has risen faster than inflation, thereby guaranteeing
workers' purchasing power (table VIII).
|Average earnings (1)
|Wages under collective agreements (3)
|Statutory minimum wage (5)
|Minimum wage in real terms
(1) MTS/DEPP (estimates)
(2) Increase in average earnings in industry
and electricity, gas and water supplies in the first quarter of
1999 over levels during the same period in 1998.
(4) Annualized average variation for first quarter
(5) National minimum wage for workers aged 18
or over (excluding persons in domestic service).
(6) Variation for first quarter of 1999 compared
to same period in 1998.
Movement of main macro-economic
|Real annual movement in GDP pm
|Inflation (GDP implicit price index)
|Consumer price index (excl. rent)
Source: INE: annual accounts, consumer price
indices and employment survey
Ministry of Finance: assessments for 1997 and
1998, with 1998 spring review
(a) Series constructed on the basis of the annual
national accounts up to 1995 (corrected in 1992) and the employment
survey after 1995.
Article 9. The right to social
17. Do foreign workers have the same rights to social security as
17.1. Article 15 of the Constitution lays down
the principle of the equality of Portuguese citizens and non-nationals.
17.2. The legislation on employment of non-nationals
and labour legislation in general, as well as the legislation on
social security, stipulate equality between non-national and Portuguese
workers (the Social Security Framework Law lays down the principle
of reciprocity: non-nationals will receive equal treatment if the
legislation of their country of origin establishes the same treatment
for Portuguese nationals). One may thus affirm that foreign workers
in Portugal whose papers are in order enjoy the same rights to social
security (hence the two campaigns for special regularization of
citizens whose papers were not in order launched in 1992 and 1996).
18. In paragraphs 242 and 243 on contractual
relations, no mention is made of collective contracts. What is the
significance of this omission?
18.1. This question concerns the definition
of contractual relations, which has been extended by Decree-Law
No. 418/93 of 24 December to cover broader situations than that
of the individual contract of employment, even though the right
to unemployment benefits was subject to the existence of a contract
of employment in the past.
18.2. Collective contracts are not mentioned
because they are concluded between a trade union and one or several
enterprises or between several trade unions and several enterprises,
there being many possible combinations, and are intended to apply
to workers who are already subject to individual employment contracts
or other forms of employment relationship. They are not intended
to create new posts. In other words, collective employment contracts
are not employment generators under Portuguese labour law. They
stipulate improvements in the working conditions of persons who
are already in employment relationships. That is why they were not
referred to. This does not mean that the law is intended to exclude
them from its area of application. If a collective contract were
able to give rise to an employment relationship, it would certainly
be included among the forms that fall outside the definition of
an individual employment contract.
19. Paragraphs 292 and 297 of the report refer
to concerns about the stability of the social security system and
proposals for its reform. However, the report is not explicit about
funding problems or the main objectives of the reform. Please provide
more information on this issue.
19.1. The Social Security White Paper Board
has the task of studying social security reform in the terms set
forth in the report. The fears expressed about the stability of
the social security system certainly centre on the issue of an aging
population, which raises a possible problem of funding for the system,
since the present and future contributions of the active population
may not be sufficient to meet the needs of those who have come to
the end of their working lives (retirement). The aim of any reform
would certainly be to find alternative or additional funding without
reducing the number of beneficiaries or the amount of the benefits.
Article 10. Protection of the family, mothers and children
20. Please discuss the provisions of articles 140, 141 and 142
of the Criminal Code and the legal status of abortion in Portugal.
20.1. Articles 140, 141 and 142 are part of
chapter III (Crimes against intra-uterine life) of Title I (Crimes
against persons) of the Portuguese Criminal Code.
20.2. Article 140 of the Criminal Code stipulates
(a) any person who, by whatever means and without
the consent of the pregnant woman, causes her to abort is punishable
by imprisonment for between two and eight years;
(b) Any person who, by whatever means and with
the consent of the pregnant woman, causes her to abort is punishable
by imprisonment for up to three years;
(c) a pregnant woman who gives her consent to
an abortion performed by a third party or causes herself to abort
by other means is punishable by three years' ?imprisonment.
20.3. Article 141 of the Criminal Code, on aggravated
abortion, stipulates that:
(a) if the abortion or the means employed have
as a consequence the death of, or serious injury to the body or
the health of, the pregnant woman, the maximum penalty shall be
increased by one third;
(b) the same increase in the penalty shall be
applied in the case of an offender who habitually performs abortions
punishable under the terms of article 140 of the Criminal Code or
who does so for financial gain.
20.4. Finally, article 142 of the Criminal Code,
on non-punishable termination of pregnancy, stipulates that:
20.5. The termination of a pregnancy performed
by a doctor at an official or officially recognized health centre
with the consent of the pregnant woman is not punishable in cases
(a) it is the only way to avert the danger of
death or of serious or irreversible injury to the body or the physical
or mental health of the pregnant woman;
(b) termination of the pregnancy is the indicated
way of avoiding the danger of death or of serious or lasting injury
to the body or the physical or mental health of the pregnant woman
and is performed during the first twelve weeks of pregnancy;
(c) there are reliable grounds to suppose that
the child-to-be will suffer incurably from a serious disease or
malformation and the abortion is performed during the first sixteen
weeks of pregnancy;
(d) there is serious evidence that the pregnancy
was the result of a crime against sexual self-determination and
the abortion is performed during the first twelve weeks of pregnancy.
20.6. The existence of circumstances rendering
the termination of pregnancy non-punishable shall be attested to
by medical certificate.
21. Please provide statistics on the number
of illegal abortions and the number of court decisions handed down
concerning such abortions.
21.1. The report of the Commission on Constitutional
Affairs, Rights, Liberties and Guarantees (1998) of the Assembly
of the Republic on exceptions to the illegality of cases of voluntary
termination of pregnancy, Relatório da Commissão de
Assuntos Constitucionais, Direitos, Liberdades e Garantias (1998),
"Exclusão da ilicitude dos casos de interrupção
voluntária da gravidey", Relatório e Parecer
da la Comissão sobre os projectos de le 417/VII, 451/VII
e 453/VII. refers to information from the Directorate-General of
Health to the effect that the total number of abortions in Portugal
may be estimated at between 20,000 and 22,000 annually. According
to that report, these figures agree with the World Health Organization
estimate of 0.2 voluntary abortions for each live birth.
21.2. According to the Directorate-General of
Health, in 1998 Portuguese hospitals performed 401 legal voluntary
abortions (25 per cent more than in 1997). The same source states
that in 1998, 167 women were treated in Portuguese public health
establishments for complications resulting from illegal abortions.
The figure for 1993 was 266.
21.3. According to "Justice Statistics
1997", Ministério da Justiça, Gabinete de Estudos
e Planeamento, "Estatisticas da Justiça 1997",
Portugal, August 1998. the figures for trials concerning the crime
of abortion in 1997 are as follows:
Persons sentenced, in accordance
with the penalties and measures applicable,
for the crime of abortion
- Prison sentence replaced by a fine
- Suspended prison sentence
- Prison sentence not suspended or replaced
21.4. The same source indicates that the Portuguese
police authorities recorded 39 cases of illegal abortion.
22. Decree-Law No. 322/95 providing for the
dismissal of pregnant women, as referred to in paragraph 317, appears
to be contrary to the letter and spirit of article 10, paragraph
2, of the Covenant. Please indicate the circumstances in which pregnant
women can be dismissed and describe the procedures for protection
22.1. The Constitution of the Portuguese Republic,
in article 68 (3), stipulates that:
"During pregnancy and after giving birth,
women in employment are entitled to special protection, including
the entitlement to an adequate period of leave from work without
loss of remuneration or other privileges."
22.2. Article 59 (2c) further stipulates that:
"It is the duty of the State to guarantee
the conditions of work, remuneration and rest to which workers are
entitled, in particular by & the provision of special protection
for women's work during pregnancy and following childbirth and the
protection of the work of young and handicapped persons and persons
engaged in particularly arduous work or working under unhealthy,
toxic or dangerous conditions."
22.3. Law No. 4/84 of 5 April, as amended by
Decree-Law No. 332/95 of 23 December, lays down a general prohibition
of the dismissal of women who are pregnant, are nursing a child
or have just given birth. This law explicitly states that any termination
of a contract initiated by an employer to be valid must always have
the approval of the competent department of the Ministry of Labour
and Solidarity (that is, the Commission on Equality in Work and
Employment - CITE). The opinion of the CITE must be communicated
to the employer within 30 days of receipt of the proposal for dismissal.
If, 30 days after receipt of the proposal for dismissal, the CITE
has not given any opinion, that is tantamount to an approval. There
exists a legal presumption that the dismissal of a woman who is
pregnant, is nursing a child or has just given birth has been effected
without just cause.
22.4. Decree-Law No. 136/85 of 3 May (regulating
the legal regime for the protection of motherhood and fatherhood)
thus stipulates in article 29, concerning unlawful conduct by workers,
that the making of false statements in order to obtain maternity
or paternity leave, adoption leave, or time off to keep a prenatal
medical appointment, to nurse one=s child, to assist one=s minor
children or family, or to obtain special child-care leave, is a
disciplinary offence considered as constituting just cause for dismissal.
In this connection it refers to Decree-Law No. 372-A/75 of 16 July,
which in its article 10 lists just grounds for dismissal.
22.5. In this connection, we quote the decision
of the Coimbra Court of Appeal of 3 March 1998 to the effect that:
"If a female employee is granted leave
of absence from work to nurse her child, there is just cause for
dismissal if she uses that leave of absence for purposes other than
nursing the child."
23. Please provide information on the extent
of the problem of domestic violence in Portuguese society and on
the legal and practical measures taken by the Government to deal
with this problem.
23.1. One of the aims of Objective 2 of the
Comprehensive Equal Opportunity Plan, adopted in March 1997, is
to prevent violence and guarantee adequate protection to women who
are victims of violent crimes. One of the preventive measures taken
to assist in achieving this aim is the preparation and dissemination
of a guide on the rights of women who are victims of violence. The
protective measures include:
- the setting up of support centres for women
victims of violence where they can be taken in, sheltered and given
guidance and where special co-operation can be promoted, particularly
between the Ministry of Justice, the local administration and non-governmental
- the establishment of a telephone service (S.O.S
Office), with the support of the Ministry of Justice, to provide
brief information on appropriate measures for the situations reported;
- the promotion, strengthening and extension
of measures aimed at securing adequate compensation for victims
of crimes of domestic violence;
- the introduction into the vocational training
curricula for the police of material on the psychological and social
effects of domestic violence on the victims and on family structures;
- the creation of centres for mediation between
23.2. Domestic violence is increasingly becoming
recognized as a structural factor preventing access to and enjoyment
of fundamental rights. In the area of legal principles, there have
been some developments, in particular the 1998 revision of the Criminal
Code, which has made it possible to report cases of ill-treatment
of a spouse to the police. Furthermore, serious cases of sexual
harassment are punishable by imprisonment. Complaints concerning
sexual crimes can be made directly to the forensic medicine services.
23.3. The Plan to Combat Domestic Violence was
adopted recently (resolution No. 55/99 of 15 June), in commemoration
of the fiftieth anniversary of the Universal Declaration of Human
Rights. It is a programme which sets forth in an integrated and
consistent manner a number of measures to be adopted in different
fields (justice, internal administration, education, health, etc.)
with the following aims:
- consciousness-raising and prevention;
- intervention to protect victims of domestic
23.4. Among the measures proposed in the Plan,
mentioned may be made of the following:
- public opinion awareness promotion campaigns
to help foster a culture of respect for the rights and duties of
each member of the family, in particular the most vulnerable (women,
children and the elderly);
- the creation of a database, organized as a
network, on services, equipment and legislative measures, to be
managed jointly by several ministries and social partners, and to
be accessible to the central, regional and local administration
and to private organizations or associations;
- the creation of an observatory to monitor
the problem of domestic violence;
- the preparation and dissemination of guides
for victims of domestic violence and for specialists working on
23.5. On 3 August 1999 the Assembly of the Republic
adopted Law No. 107/99, which provides a general framework for the
public network of shelters for women victims of violence. Under
this law, the State must ensure the creation, inst allation, operation
and upkeep of this public network. It must ensure a minimum of one
shelter in each district of continental Portugal (two in the metropolitan
districts of Lisbon and Oporto), which should comprise one home
and one or more centres where women victims can be taken in, looked
after and given guidance. The services provided by these establishments
are free of charge.
23.6. The Plan for a Comprehensive Family Policy,
adopted in February 1999, contains a segment on intervention aimed
at reinforcing the struggle against violence in the family by:
- launching campaigns to prevent family violence;
- creating a network of shelters for victims
of family violence;
- encouraging training and information activities
for the police regarding the situation of victims of family violence;
- promoting appropriate training activities
for professionals in contact with situations of family violence,
especially the police.
23.7. As part of this Plan, a National Family
Observatory has been set up with the task of gathering, collating
and disseminating updated information.
24. Please provide information on the situation
with regard to child pornography and on the measures and programmes
the Government has adopted to combat this phenomenon.
24.1. Cases of trafficking in children are rare
in Portugal. Isolated cases have been reported in coastal areas
where the children came from unstructured environments, some of
them having no families. In view of the characteristics of this
phenomenon, there are serious grounds to fear that we do not know
the true dimensions of trafficking in children for prostitution
24.2. As a result, several NGOs, in particular
the Child Support Institute and the National Confederation for Action
on Child Labour, are working with street children, since it is mainly
from the street that children are recruited for purposes of sexual
exploitation, prostitution and pornography.
Article 11. Right to an adequate
standard of living
25. What is the geographical distribution of the 2 million poor people
in Portugal mentioned in paragraph 404? What measures has the Government
taken to address the problem of poverty?
25.1. As there have been no thorough studies
on this subject, it is not possible to indicate the geographical
distribution of persons in poverty situations.
25.2. However, some numerical indications regarding
the persons receiving the minimum guaranteed income are available
which may be of assistance to the Committee.
Numbers of persons receiving the minimum guaranteed income, by region
|| Number of beneficiaries
|| Percentage of total
|| Percentage of resident population
|| 122 274
|| 65 887
|Lisbon and Tagus Valley
|| 71 891
|| 15 870
|| 14 472
|| 29 631
|| 17 645
Source: GTADS - National Commission on the Minimum
Wage, December 1998.
25.3. The most important aspects of the National
Anti-Poverty Programme have already been referred to in the report
under consideration. The following may be added:
25.4. At the present time there are approximately
200 pluriennial locally managed projects in operation. The financial
resources made available to these programmes have been increased
by 45 per cent and their rules of operation revised to make the
scheme an effective instrument for combating concentration of the
risk factors of poverty and social exclusion.
25.5. Among the projects in operation, which
are also local development projects, a few innovations are worthy
- Investment in the people and their potential
to give effect to projects aimed at improving their quality of life;
- Development of vocational skills;
- Grass-roots action for a realistic approach
- Assignment of joint responsibilities to the
various participating partners;
- Focus on ensuring sustainability of the actions
to be carried out;
- Investment in the definition of responses
for resolving social exclusion problems.
25.6. The "Integrar" operational initiative,
which aims to promote the economic and social integration of the
most disadvantaged population groups, consists of the following
- Support for social development;
- Economic and social integration of long-term
- Economic and social integration of persons
- Socio-economic integration of the most disadvantaged
- Construction and adaptation of social infrastructures
26. Paragraph 418 mentions the CAIS project,
which operates as a community support association, but does not
mention institutions or official programmes to deal with the problems
of homeless people and families. Do such institutions and programmes
26.1. In the framework of efforts to combat
poverty, mention should be made of the establishment, through Council
of Ministers resolution No. 197/97, of the Social Network, which
comprises various forms of mutual assistance, provided by both private
non-profit bodies and public agencies working in the welfare field.
These organizations coordinate their work among themselves and with
that of the Government with a view to eradicating or attenuating
poverty and social exclusion and promoting social development.
26.2. Attached in an annex to this questionnaire
is an excerpt from Portugal's national report on the homeless to
the European Federation of National Organizations Working with the
Homeless, prepared in 1997.
27. Who are the competent authorities in the
area of forced evictions and what measures have been taken by these
authorities to solve the problem?
27.1. By bringing eviction proceedings, a landlord
asks the court to declare the lease terminated and to order the
tenant to leave the premises rented.
27.2. According to article 64 of Decree-Law
No. 321-B/90 of 15 October (the General Tenancy Regulations) a landlord
may ask the court to declare the lease terminated in the following
"[...] if the tenant:
(a) Does not pay the rent in the agreed-on time
limit and place;
(b) uses [...] the rented premises for different
purposes to those for which they are meant;
(c) Uses the premises for illicit, immoral or
(d) Carries out construction work on the premises,
without the written consent of the landlord, which substantially
changes the external structure or internal arrangement of the different
parts of the premises, or commits acts causing considerable deterioration;
(e) Houses more than three guests except where
such is the object of the lease;
(f) Sub-lets or lends the premises [...];
(i) Keeps premises meant for occupancy unoccupied.
27.3. Pursuant to article 69 of the same instrument,
a landlord may also request the termination of the lease in cases
where he needs the premises to live in or to house his descendants
in the first degree, and also when the landlord needs the premises
for the construction of his own residence. A landlord may also request
termination of the lease if he intends to expand the premises or
build new ones with a view to increasing rental space.
Article 12: Right to physical and mental health
28. Please provide information on the extent of drug trafficking
and drug addiction in Portugal.
28.1. It has been ascertained that the heroin
seized generally comes from Europe (Netherlands), but in 1997 a
large proportion came from South-East Asia (Thailand). The majority
of the cocaine seized comes from South American countries, in particular
Colombia. It should be mentioned that much of the cocaine seized
was in transit towards other European countries (especially Spain);
its final destination was not Portugal. The hashish seized comes
mainly from North Africa (Morocco).
28.2. As far as the domestic routing of illicit
drugs is concerned, in 1997 most (63.5 per cent) of the heroin seized
was found in the Lisbon district, but some was also seized in the
districts of Porto (14.9 per cent) and Faro (5.1 per cent). These
figures are similar to those for 1996.
28.3. The districts in which the largest quantities
of hashish were seized were Faro (82.2 per cent) and Setubal (10.3
per cent) in 1996, and Lisbon (62.1 per cent) and Setubal (36 per
cent) in 1997. A large proportion of the cocaine seized in 1996
was seized in the district of Lisbon, but in 1997 a large proportion
was seized in the district of Santarem (58 per cent) and only 11.3
per cent in the district of Lisbon.
2. Supply indicators
28.4. In terms of quantity seized, heroin is
the illicit substance seizures of which have varied least in recent
years. The same cannot be said for the quantities of hashish and
cocaine seized. By way of example, approximately 52,000 kg of hashish
were seized in 1993, but only 9,000 kg in 1997. Similarly, the maximum
amount of seizures of cocaine occurred in 1997 (approximately 3,000
kg), while the minimum (in 1993) was approximately 200 kg.
28.5. It should be mentioned that the substances
seized are mainly intended for small-scale traffic and that this
has been the case since 1993, the earliest date for which records
28.6. A slight alteration in the situation has
been noted with regard to cocaine. Since 1995 the number of seizures
of cocaine intended for large-scale traffic has increased by approximately
100 per cent.
28.7. According to data provided by the judicial
police (1997) the average prices of a gramme of narcotics over the
period January to December 1997 were as follows:
||61.85 Euros (12 619 escudos)
||6.41 Euros (1 304 escudos)
||52.88 Euros (10 788 escudos)
||147.05 Euros (30 000 escudos)
||5.00 Euros (1 020 escudos)
28.8. The number of persons apprehended by the
police is constantly increasing: the number of alleged perpetrators
identified by the police increased from 9,054 in 1996 to 9,333 in
1997. The number of individuals convicted rose from 3,181 in 1996
to 4,292 in 1997.
28.9. The number of police interventions has
had an impact on the quantities of drugs seized and the number of
seizures. In comparison with 1996, 1997 showed an increase in the
quantities of the principal illicit drugs seized and an increase
in seizures of cocaine, heroin and marijuana. The number of seizures
of heroin declined slightly.
28.10. There has been an effort on the part
of the police to intervene more effectively; this has had an impact
on the increase in the number of individuals stopped by the police
and the quantities of drugs seized. These data also indicate the
impact of police intervention in the categories of "consumers"
and of "small-scale traffic".
29. Please describe the laws adopted and measures
taken to combat the production, trafficking, distribution, possession
and use of prohibited drugs.
29.1. In Portugal matters relating to drugs
are governed by specific instruments. The basic instrument on the
traffic and consumption of narcotics and psychotropic substances
is Decree-Law No. 15/93 of 22 January, amended by Decree-Law No.
81/95 of 22 April and Law No. 45/96 of 3 April. Regulatory Decree
No. 61/94 of 12 October and Ministerial Order No. 94/96 of 26 March
were adopted in order to give effect to the decree-law.
29.2. Mention should also be made of the following
instruments: Regulatory Decree No. 42/93 of 27 November (granting
of licences to private entities providing assistance in the area
of drug addiction and their treatment for tax purposes), Decree-Law
No. 43/94 of 17 February, amended by Decree-Law No. 67/95 of 8 April
(SPTT - Service for the Prevention and Treatment of Drug Addiction),
Decree-Law No. 313/93 of 13 September (money laundering) and Decree-Law
No. 193/96 of 15 October (National Programme for the Prevention
of Drug Addiction - Project VIDA).
29.3. Portugal is also bound by its international
obligations. In this connection mention should be made, in the area
of drug addiction and drug trafficking, of the 1961 Single Convention
on Narcotic Drugs, the 1971 Convention on Psychotropic Substances,
the 1988 United Nations Convention against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances and, in a more specific area,
European Council Directive No. 91/308/EEC (money laundering).
1. Legislation - amendments prior
29.4. Two legislative amendments were made during
1998 which merit special attention in the context of drug addiction.
They concern treatment and rehabilitation.
29.5. As regards treatment, the Assembly of
the Republic (on an initiative of the Government) set forth, for
the first time, the conditions and regulations for public funding
of investment projects relating to equipment intended for treatment
of drug addiction.
29.6. Law No. 17/98 of 21 April sets forth rules
governing the minimum requirements for projects being considered
for funding and funding conditions, the amounts to be granted and
sanctions in case of default by the promoters.
29.7. With regard to the rehabilitation of drug
addicts who are following or have completed treatment programmes,
the Government established the VIDA-EMPREGO (LIFE-EMPLOYMENT) programme
by Council of Ministers decision No. 136/98 of 4 December.
29.8. Mention should also be made of the following
legal instrument adopted in this area:
Decree-Law No. 2/98, amending the Highway Code
and establishing an obligation for persons driving while under the
influence of drugs to hand in their driving licences (governed by
Regulatory Decree No. 24/98 of 30 October).
30. Please provide statistics on the extent
of HIV/AIDS infection over the past five years.
30.1. In the area of transmissible diseases,
AIDS has definitely been found to be on the rise. In 1996, 503 new
cases of AIDS were reported, as opposed to 250 in 1990.
30.2. According to information provided by the
National Commission for Action to Combat AIDS (CNLCS), of the total
number of cases reported at the end of 1996, approximately 86 per
cent involved men and approximately 14 per cent women. About 85
per cent of cases concern people between ages 20 and 49.
30.3. Analyses of types of transmission have
shown a major contribution to the increase in the number of reported
cases of AIDS comes from risk behaviour associated with drug use.
30.4. The Ministry of Health has concentrated
on the definition and coordination of AIDS control measures in the
Working Group on AIDS (1985), which was subsequently restructured
and became the National Commission to Combat AIDS.
30.5. According to the "UNAIDS/WHO Epidemiological
Fact Sheet" UNAIDS/WHO, Epidemiological Fact Sheet on HIV/AIDS
and sexually transmitted diseases - Portugal, June 1998, the following
numbers of cases of AIDS have been reported in Portugal:
|| 4 701
30.6. According to WHO estimates, 6,300 , Ibid.cases
of AIDS occurred in Portugal up to and including 1997.
Article 13: Right to education
31. Please supply gender-disaggregated statistics on the number and
percentages of pupils enrolled in primary, secondary and higher education.
Pupils enrolled in schools in Portugal (1996/1997)
|| Percentage of girls
|| 440 224
|| 401 085
|| 841 309
|| 452 454
|| 466 134
|| 918 588
|| 150 609
|| 200 241
|| 350 850
Source: GAERI/Ministry of Education.
32. What levels of education are provided free
by the Government and what measures have been undertaken to provide
access for disadvantaged groups in society to higher education?
32.1. There is compulsory free schooling in
Portugal. There are nine years of compulsory schooling, and school
attendance is compulsory until the age of 15 years is reached.
32.2. Pursuant to the Outline Law on Pre-school
Education and the Programme for the Expansion and Development of
Pre-school Education, a network of educational establishments was
created combining public, welfare and private institutions, and
given the status of a comprehensive unit which must be preserved
as such. The network sets forth the general principles of pre-school
education, the establishments' conditions of organization and the
conditions for funding and developing the national network.
32.3. Under supplementary legislation:
- The pedagogical and technical requirements
for the establishment and operation of pre-school educational establishments
have been defined;
- A line of State-subsidized credit has been
- The rules governing the award of incentives
for the construction and support and rehabilitation of pre-school
education establishments have been defined.
32.4. Support for the expansion and development
of the national network consists of pedagogical and financial measures
(infrastructure, equipment, functioning and training) and social
support measures for families. In granting support, priority is
given to areas deficient in pre-school education, areas at risk
of social and school exclusion, areas with high levels of academic
failure and urban areas with a high population density.
33. Do the children of aliens resident in Portugal
have equal access to public education with nationals?
33.1. Article 63, paragraph 3, of Law No. 46/86
of 14 October states that it is for the Government to set equivalences
between the courses of study, degrees and diplomas of the Portuguese
educational system and those of other countries and to establish
conditions conducive to the integration of young people who are
children of Portuguese emigrants into the educational system on
their return to Portugal.
33.2. On the other hand, the growing number
of foreign children currently wishing to enter the Portuguese educational
system creates an increasing need to seek appropriate measures for
dealing with their specific situations, i.e. integrating them into
33.3. Similarly, the opening of the borders
and the mobility it has brought have made it urgent to establish
new equivalence tables, in order to respond appropriately to the
problems which have arisen. See Decree-Law No. 219/97 of 20 August
1997, setting forth regulations for equivalence and recognition
of foreign certifications up to and including secondary school level
33.4. People from African countries whose official
language is Portuguese and who are aged 15 or over have the right
of access to education under the same conditions as Portuguese nationals.
33.5. Under recent legislation (May 1999), Portuguese-language
classes must be given in prisons, within the framework of extramural
education, when the prison population includes prisoners of different
ethnic groups and nationalities. These courses must be geared to
promoting the acquisition of basic skills for communication in Portuguese
with a view to promoting better integration of such persons.
33.6. As a result of Directive No. 77/486/EEC
of 25 June 1977 of the Council of the European Communities, aimed
at ensuring school attendance by the children of migrant workers,
a bilateral cooperation agreement was signed between the Minister
of Education of the Portuguese Republic and the Minister of Education
of the Netherlands.
33.7. Education in the Dutch language and culture
is provided for the children of Dutch citizens residing in Portugal
through a protocol concluded between Dutch teachers chosen by the
Embassy of the Netherlands and the Department of Basic Education.
Article 15: Right to take part in cultural life
34. Is there any agency specifically responsible for the international
promotion of the Portuguese language and culture?
34.1. The Camões Institute, established
to promote the Portuguese language and culture abroad, is a corporate
entity in public law with administrative, financial and patrimonial
autonomy, under the direction of the Ministry of Foreign Affairs.
The Institute is responsible for coordinating, orienting and implementing
Portugal's external cultural policies, and especially for the dissemination
of the Portuguese language, in coordination with other competent
State agencies, in particular the Ministries of Education and Culture.
34.2. The Institute's name was adopted in homage
to the most famous of Portuguese poets, Luís Vaz de Camões
(1524?-1580), the author of works including "Os Lusíadas"
(1572), the theme of which is Vasco da Gama's discovery of the sea
route to India (1497-1499).
34.3. The Camões Institute was established
in 1992 by Decree-Law No. 135/92 of 15 July, succeeding the Institute
of Portuguese Culture and Language (ICALP), which ceased to exist
on the same date. Its organizational Law was approved by Regulatory
Decree No. 15/92 of 15 July.
34.4 The Institute was initially placed under
the responsibility of the Ministry of Education, but in 1994 was
transferred to that of the Ministry of Foreign Affairs in pursuance
of Decree-Law No. 48/94 of 24 February. Its new organizational Law
was approved by Decree-Law No. 170/97 of 5 July.
34.5. The mandate of the Camões Institute
is the promotion and dissemination of the Portuguese language and
culture abroad. The Institute's functions are the following:
- Develop appropriate programmes for the dissemination
of Portuguese language and culture;
- Promote Portuguese as a language of international
- Design, develop and manage the network of
trainers and teaching assistants in Portuguese language and culture;
- Prepare cultural initiatives, jointly with
the other external services of the Ministry of Foreign Affairs;
- Promote and support Portuguese participation
in cultural initiatives abroad;
- Publicize abroad cultural initiatives taking
place in Portugal, in cooperation with the Ministry of Culture;
- Direct the activities of Portuguese cultural
centres abroad, in coordination with the other external services
of the Ministry of Foreign Affairs;
- Prepare international meetings with implications
for the teaching and dissemination of Portuguese language and culture;
- Promote, prepare and coordinate the negotiation
of cooperation agreements concerning the teaching of the Portuguese
language and the dissemination of Portuguese culture;
- Promote and support the implementation of
cooperation agreements concerning the teaching and dissemination
of the Portuguese language and culture;
- Design, develop and implement cooperation
initiatives, projects and programmes concerning the teaching and
dissemination of the Portuguese language;
- Prepare and coordinate the joint commissions
established under bilateral cultural agreements;
- Cooperate in and assist the implementation
of cooperation initiatives, projects and programmes concerning the
teaching and dissemination of the Portuguese language and culture,
sponsored by government agencies and public services;
- Grant financial support to Portuguese and
foreign entities and citizens engaged in study and research relating
to the Portuguese language and culture, with a view to disseminating
- Promote and support the production of works
publicizing the Portuguese language and culture abroad;
- Participate in activities by national, foreign
and international organizations falling within its remit;
(a) Chairs and teaching assistantships
- Teaching of Portuguese language and culture
at universities abroad;
- Creation of Chairs of Portuguese language
and culture at foreign universities;
- Management of a network of trainers and teaching
- Provide support funding for teaching assistants,
with bibliographic, data-processing and audio-visual material;
- Training of teaching assistants;
- Support and incentives for research and for
graduate studies in the field of Portuguese language and culture;
- Support for research and development;
- Awards of fellowships to foreigners;
- Support for, organization of and participation
in conferences and scientific meetings on Portuguese language and
- Support for the organization of conferences;
- Support for participation in conferences;
- Master's and doctoral fellowships;
- Awards of master's and doctoral fellowships
in Portuguese language and culture;
- Master's and doctoral fellowships for foreigners;
(d) Cultural agreements
- Preparation of bilateral meetings on cultural
topics, in particular the meetings of the joint commissions established
pursuant to bilateral cultural agreements; administration of fellowships
awarded under those agreements;
- Awards of fellowships to foreigners under
- Awards of fellowships pursuant to the bilateral
programmes of the Ministry of Foreign Affairs;
- Study and preparation of the programmes of
the joint commissions established under the cultural agreements;
- Support for the activities of the Camões
Institute cultural centres abroad, Portuguese embassies and consulates
and organizations and initiatives connected with Portuguese culture;
- Support for the activities of the cultural
- Support for individual cultural events;
- Support for embassies;
- Acquisition of cultural materials and equipment;
- Support for Portuguese-speakers;
- Activities in the territory of Macao;
- Extension activities;
- Support for the organization of exhibitions
and cultural displays and participation in language symposia;
- Support for the publication of works by Portuguese
authors or about Portuguese culture abroad, in particular works
which play an important role in publicizing Portuguese language
- Publications abroad;
- Publication of reviews and collections;
- Publications of the Camões Institute;
- Organization and development of the Camões
Institute library and data bank;
- Coordination and follow-up of all initiatives
sponsored by the Camões Institute in the Portuguese-speaking
African countries (PALOP);
- Cultural centres in the PALOP;
- Teaching assistantships in universities;
- Support for the teaching corps;
- Bibliographic and educational materials;
- Individual activities and projects;
- Support for entities conducting projects in
the area of Portuguese language and culture;
(j) Portuguese language
- Support for the dissemination and teaching
of the Portuguese language throughout the world;
- Unit for the evaluation of Portuguese as a
foreign language (under analysis);
- International Portuguese language institute
- International validation of the Portuguese
- Support for the holding of free summer courses
in Portuguese abroad;
- Training of teachers of Portuguese as a foreign
(k) Dictionaries and teaching methods
- Support for the preparation and dissemination
of technical and scientific vocabularies in Portuguese, dictionaries
and methods of teaching Portuguese to foreigners;
- Support for the preparation of the Science
Academy's Dictionary of the Portuguese Language;
- Publication abroad of methods for the teaching
- Multimedia programmes for the teaching of
Portuguese to foreigners.
35. What measures has the Government taken to
preserve the languages and traditions of minority groups in Portugal?
35.1. In the north-eastern region of the country
a dialect, mirandês, is still spoken; it derives from vulgar
Latin, although it displays influences of Castillian and Leonese,
which were spoken on the Iberian Peninsula as far back as eight
centuries ago. At present there are 15,000 persons living in the
region (mainly country folk) who still speak mirandês at work
and at home. In order to preserve and defend this rich, orally-transmitted
cultural heritage, optional courses have been set up in primary
and secondary schools, sponsored by the Ministry of Education.
35.2. Law No. 7/99 of 29 January relates to
the official recognition of certain rights of the Miranda community.
It has the right to develop and promote mirandês, to teach
mirandês in the schools and use the language in all State
agencies located in the township of Miranda do Douro. Official documents
must be drafted in Portuguese with a version in mirandês attached.
Prescriptive Order No. 35/99 of 20 July sets forth rules governing
this regime, enabling primary and secondary school pupils to attend
classes in mirandês.
Annexes to the Reply by Portugal to the list
of issues to be taken up in connectionwith the consideration of
the third periodic report of Portugal concerning the rights referred
to in articles 1-15 of the International Covenant on Economic, Social
and Cultural Rights (E/1994/104/Add.20)
Right to an adequate standard of living
Welfare services for the homeless
The present report focuses on new forms of assistance to the homeless
in the city of Lisbon. Traditionally, homelessness has been understood
and assisted strongly under the sign of emergency. Emergency assistance
is, undoubtedly, necessary. However, it does not reach the root causes
of the problem.
In the 1870s, some changes were introduced in
the services for the homeless in Lisbon. However, there was no major
change in the approach to the problem. Assistance was still conceived
in an institutional model, as a set of material services that should
be provided, and the need for helping the homeless to overcome "handicaps"
that attain personality, both in the individual (e.g., self-esteem)
as well as in the social dimensions (social links).
More recently, some organizations have grown
conscious of the complexity of the problem and tried to test new
approaches and methods of tackling the phenomenon. This report tries
to analyse and assess one of such experiences launched in Lisbon
in November 1997. The aim of the chosen project is to promote the
social and occupational reintegration of the homeless, by a methodology
based on individualized and non-institutional forms of assistance
to the homeless person. The project is led by the Municipality of
Lisbon and managed by the Foundation of International Medical Assistance.
The homeless covered are supplied with an adequate shelter, and
assisted in the basic aspects relevant to their reintegration in
the labour market and in society. Attention is given to the deprivation
side of the problem, as well as to the need of developing a strategy
that may foster the rebuilding of social links and personal autonomy,
to live in society.
Though not fully mature, the project has innovate
aspects in the context of the services that work with the homeless
in Lisbon. Accordingly, it seems appropriate to choose it as a subject
of future research. The fact that the project was recently launched
(November 1997) allows the research to follow it from the beginning
and be useful to the project itself (being complementary to its
scheme of self-evaluation), besides fulfilling its objective of
supplying the Portuguese input for the European Observatory on Homelessness.
4. Innovative scheme of reintegration
4.1 General typology of services and reasons
for selection of the project
In Lisbon, there are various public agencies
and non-profit private organizations that deal with the homeless.
In some cases, they are not specifically targeted at the homeless
only, but to extreme forms of poverty and deprivation in general,
including the homeless. In other cases, the "target group"
are the homeless. However, a few exceptions try to deal with the
problem of homelessness in a comprehensive and non-institutionalized
perspective. As stated earlier, most of the public agencies and
other organizations provide emergency services (meals, night shelter,
etc.) and do not have the aim of assisting the homeless in the social
and occupational reintegration.
What follows is not a comprehensive description
of all the existing services, but a selective list of some of the
main recent services that exist(ed) in the city of Lisbon:a
Municipality of Lisbon (with the collaboration
of the Santa Casa da Misericórdia de Lisboa and other institutions):
the action began by contacting the homeless in the street, to gather
the information necessary to characterize each case and guide them
towards the institutions/services that could provide the necessary
assistance. Though the aim of the project was to "break the
cycle of marginalization" to which the homeless are subject,
there was no comprehensive programme for their reintegration in
Communidade "Vida e Paz" ("Life
and Peace" Community): This is a private non-profit institution,
that works in partnership with various public agencies and other
private non-profit organizations. The aim of this project is to
identify the homeless and foster their integration; offer a family-type
setting during the rehabilitation period; and set up solidarity
networks between the reintegrated homeless. The first contact is
established in the streets or in an "out-of-service" bus.
The organization has a set of centres where the homeless are supplied
with lodging and boarding and assisted in their reintegration. The
assistance, though relatively comprehensive, is provided inside
the centres that belong to the organization, which seems to attach
an institutionalized character to the methodology.
Santa Casa da Misericórdia de Lisboa:
Besides collaborating with other public agencies and private organizations,
this institution also has its own activities targeted at the homeless.b
The activity in the field of homelessness is based on two main services:
a refectory (Refeitória dos Anjos), with bath facilities
and supply of clothing; and a training centre, for occupational
training, human and social development, teaching to read and write,
and "street work". None of these two services is specifically
for the homeless. Any person in need may utilize them. The activity
is developed in partnership with various other organizations and
The fact that these activities are not designed
to assist only the homeless seems to indicate that there is no comprehensive
and coherent project for this target group.
"O Companheiro" - Association of Christian
Fraternity: The activity of this association is focused on the homeless
and former inmates. Social integration is sought through work, occupational
training, schooling, human development, medical and juridical support,
and street work.
Work with Street Children (Instituto de Apoio
à Criança - IAC): As mentioned above, this project
was selected for the third European programme against poverty (Poverty
3), due to its comprehensive and innovative character. It is targeted
at street children. The project follows an individualized approach
towards the children, in the street itself, during the day and at
night. The field workers begin by trying to gain the children's
confidence and friendship, establishing a personal relation with
each child. Successive contacts lead to the understanding of the
deep-seated reasons for having left home. The contacts open the
opportunity for helping the child to establish his/her "life
project", implemented by non-institutionalized methods: outdoor
classes (given in informal settings, such as public gardens), holiday
camps and other similar activities that have proved highly appropriate
to the psychological and behavioural patterns of the street children.
The contact with the family, established only with the permission
of the child, often broadened the scope of the work, as it made
clear that the reintegration of the child also demanded changes
in the behaviour of the family.
At least apparently, some of the above-mentioned
activities have demanding objectives and seem to aim at the social
insertion of the homeless. However, except for the project targeted
at street children, it does not seem clear to what extent the actual
performance corresponds to the stated objectives, mainly in what
concerns the individualized follow-up of the cases, until their
full reintegration in society. The real assessment of these activities
would require specific investigation.
a This description draws on the 1994 Portuguese
report for the European Observatory on Homelessness: Balsa and Barreto
(1994). Further investigation during the following two weeks might
allow an updating of this section.
b The Santa Casa da Misericórdia de Lisboa
is officially responsible for the social welfare services in the
city of Lisbon. Accordingly, it provides both direct services to
the needy population as well as technical and financial support
to private organizations, with some of which it has agreements for
the provision of specific services to its clients.