por Portugal aos Órgãos de Controlo da Aplicação
dos Tratados das Nações Unidas em Matéria de
List of issues : Portugal. 21/05/99.
E/C.12/Q/POR/1. (List of Issues)
COMMITTEE ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS, Pre-sessional working group, 17-21 May 1999
IMPLEMENTATION OF THE INTERNATIONAL
COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
List of issues to be taken up in connection
with the consideration of the third periodic report of PORTUGAL
concerning the rights referred toin articles 1 to 15 of the International
Covenant on Economic, Social andCultural Rights (E/1994/104/Add.20)
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.
2. Please provide a breakdown of government spending for social
security, education and culture.
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.
4. Please provide information as to whether non-governmental organizations
were consulted in the process of drafting the report.
II. ISSUES RELATING TO THE GENERAL PROVISIONS OF THE COVENANT (arts.
Article 1. Self-determination
5. What progress has been made in the diplomatic negotiations with
Indonesia regarding the self-determination of East Timor?
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. Regardless of the intention behind the text,
the Constitutional Court's judgement that Gypsies live in an ethnic
purity which has remained unchanged upholds one of the tenets characteristic
of ideologies which preach racism and xenophobia. Is there a social
movement in Portugal aimed at eradicating concepts of this type,
which are clearly anachronistic and contrary to article 2.2 of the
Covenant, which protects against all forms of discrimination?
Article 3. Equality between men and women
7. In paragraph 62 (i) of the report, it is
stated that one of the tasks of the Commission on the Equality and
Rights of Women is to cooperate with international organizations.
Is the desirability of cooperating with national organizations also
referred to in the document establishing the Commission?
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 202?
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
10. Is there a law or regulation governing the length of time during
which documents may remain classified, as referred to in paragraphs
89 and 90?
III. ISSUES RELATING TO SPECIFIC PROVISIONS OF THE COVENANT (arts.
Article 6. The right
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?
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
13. Which national groups of migrant workers are discriminated against
14. Please provide comparative statistical tables for the past five
years for unemployment, disaggregated by economic sector, gender
Article 7. The right to just and favourable conditions
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?
16. Has the Government taken special measures to arrest the loss
of purchasing power of the minimum wage referred to in paragraph
Article 9. The right to social security
17. Do foreign workers have the same rights
to social security as Portuguese workers?
18. In paragraphs 242 and 243 on contractual relations, no mention
is made of collective contracts. What is the significance of this
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.
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
21. Please provide statistics on the number of illegal abortions
and the number of court decisions handed down concerning such abortions.
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 following dismissal.
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.
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.
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
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 exist?
27. Who are the competent authorities in the area of forced evictions
and what measures have been undertaken by these authorities to solve
Article 12. Right to physical and mental health
28. Please provide information on the extent
of drug trafficking and drug addiction in Portugal.
29. Please describe the laws adopted and measures taken to combat
the production, trafficking, distribution, possession and use of
30. Please provide statistics on the extent of HIV/AIDS infection
over the past five years.
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.
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 levels of education?
33. Do the children of aliens resident in Portugal have equal access
to public education with nationals?
Article 15. Right to take part in cultural life
34. Is there an agency specifically responsible
for the international promotion of the Portuguese language and culture?
35. What measures has the Government taken to preserve the languages
and traditions of minority groups in Portugal?