The Portuguese Law covers all grounds of discrimination as in the International Conventions and EU law. Discrimination towards minority groups however is widespread in the case of Roma and relatively common with Africans and Brasilians. Discrimination is particularly intense in accessing housing and employment. The role of the Equality Body in countering discrimination has seen some improvements, despite the fact that critic assessments are made by NGO that work in the anti-racist field.

Clear
  • Anti-discrimination Legislation & Implementation

    Law n.7/82 transposing the ICERD to national legislation and Law No. 18/2004 transposing Council Directive No. 2000/43/EC together with the Constitution and other legal diplomas cover all grounds of discrimination as in the International Conventions and EU law. Its implementation however lacks proper independent assessment and although some achievements were made, much remain to be done.

    • Is racial discrimination defined in national law?

      Yes. National law covers all grounds of discrimination as in ICERD.

      Qualitative Info

      The International Convention on the Elimination of All Forms of Racial Discrimination was signed by Portugal and transposed to national legislation by law n.7/82 dated from the 29th April 1982.

      Groups affected/interested

      • Ethnic minorities

      Type (R/D)

      • Inter-ethnic

      Key socio-economic / Institutional Areas

      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Culture
      • Anti-discrimination
      • Anti-racism
      • Daily life

      External Url http://www.cicdr.pt/images/stories/pdfs/convencao_eliminacao_discriminacao.pdf

      See other countriesSee indicator history
    • Is there a definition of discrimination on the grounds of race, ethnic origin and/or religion in national law in conformity with the EU Directives?

      Yes

      Qualitative Info

      Council Directive No. 2000/43/EC was transposed into the Portuguese juridical framework by means of Law No. 99/2003, dated 27 August, and Law No. 18/2004 dated 1 May.

      See other countriesSee indicator history
    • Does the national law cover all grounds of discrimination as in the International Conventions and EU law or additional discrimination grounds?

      Yes, national law covers all grounds of discrimination as in the International Conventions and EU law.

      Qualitative Info

      Article 13 of the Constitution prohibits discrimination on the grounds of ancestry, sex, race, language, country of origin, religion, political or ideological convictions, education, economic situation, social condition or sexual orientation. Article 26(1) refers to the right to protection against any form of discrimination. Laws, case law and commentaries do not contain considerations such as whether an ethnic group is homogeneous. According to Portuguese rules of law the interpretation of race can be understood as including ethnic origin. Furthermore, Article 26(1) forbids any form of discrimination.

      Article 71(1) of the Constitution refers to the equality of treatment of people with disabilities.

      The prohibition of discrimination on the grounds of sexual orientation was introduced by Constitutional Law 1/2004 of 24 July 2004 (Lei de Revisão Constitucional no 1/2004). This addendum to Article 13 was a direct consequence of Community law.

      Article 24(1) of the Labour Code (Law n. 7/2009 of 12 May 2009) prohibits discrimination on the grounds of ancestry, age, sex, sexual orientation, civil status, family situation, genetic patrimony, reduced capacity to work, disability or chronic disease, nationality, ethnic origin, religion, political or ideological convictions and membership of a trade union.

      Law 134/99 prohibits discrimination on the grounds of race, colour, nationality and ethnic origin, but does not cover sex discrimination. 

      Law 18/2004 protects against discrimination on the grounds of race and ethnic origin in general (Article 3(2)).

      Law 46/2006 of 28 August 2006 prohibits and punishes discrimination based on disability, and on aggravated risk to health. Article 1(2) of this law states: ‘The provisions of this law are also applicable not only to disability but also to discrimination against persons on the ground of existence of an aggravated risk to their health.

       

      Law 3/2011 forbids any discrimination in access to and exercise of self-employment (Articles 3(1) and 5).


       

       

      Source:

       

      Groups affected/interested

      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Anti-migrant/xenophobia
      • Religious intolerance
      • Inter-ethnic
      • Homophobia
      • On grounds of disability

      Key socio-economic / Institutional Areas

      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Daily life
      • Religion
      See other countriesSee indicator history
    • Does nationality, citizenship serve as a ground for discrimination in access to public goods and services, employment and/or deprivation of economic and social rights?

      No, nationality and citizenship do not serve as ground for discrimination.

      Qualitative Info

      There are no residence or citizenship/nationality requirements for protection under the relevant national laws transposing the Directives. All persons benefit from the protection of the anti-discrimination laws. Furthermore, discrimination based on nationality is specifically prohibited in labour law, and in general, in Article 3 (2) of Law 18/2004, of 11 May 2004. National law provides an exception for genuine and determining occupational requirements. Article 3(3)(c) of Law 18/2004 states that conduct (behaviour) based on race and ethnic origin does not amount to discrimination when, due to the nature of the activities or the context of their execution, such a factor constitutes a justifiable requirement and is determining for its exercise, but the objective must be legitimate and the requirement proportionate. This wording complies with Article 4(1) of the Racial Equality Directive. Article 3(2)(c) of Law 18/2004 does not refer to disability.

      The title of residence may be a decisive factor in certain circumstances since it is legally possible in the sphere of employment to discriminate on the basis of nationality, but only for reasons related to residence rights and work permits. Discrimination based on nationality is forbidden in Article 24(1) of the Labour Code. Article 4 of the same code grants foreign workers equal rights with Portuguese citizens, provided they are legally permitted to work in the country. They must, in general, have a written contract of employment (Article 5(1) of the Labour Code) and produce documents proving they have a work permit or residence permit (Article 5(1)(b) of the Labour Code).


       

      Source:

       

      See other countriesSee indicator history
    • Does statelessness serve as a ground for discrimination in access to public goods and services and/or deprivation of economic and social rights?

      No, statelessness does not serve as ground for discrimination.

      Qualitative Info

      Article 1 of Law 134/99 forbids discrimination on the grounds of nationality. Statelessness benefit from the same protection as foreigners. Article 3(2) of Law 18/2004 refers to discrimination on grounds of nationality and colour in addition to racial and ethnic origin.

      The Labour Code explicitly states that discrimination on the grounds of nationality is forbidden (Article 24(1)). In addition, the same article refers to equal treatment in the access to employment and work. This includes stateless status (Articles 4 and 24(3)(a)).


      Source:

      See other countriesSee indicator history
    • Discrimination on the grounds of race, ethnic origin and/or religion is prohibited in all the areas provided for by the EU Directives?

      Yes, discrimination on the grounds of race, ethnic origin and/or religion is prohibited in all the areas provided for by the EU Directive 2000/43/EC.

      Qualitative Info

      There are some exceptions but they comply with the EU Directive.

       

      Employment: New legislation on equality and non-discrimination in the workplace allows for some differences of treatment, and expressly states that indirect discrimination can be justified if the provision, criterion or practice deemed discriminatory is objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary (Article 23(1)(b) of Labour Code (Law 7/2009)).

       

      Education: Discrimination is unlawful in education. No exceptions exist.

       

      Social protection: The principle is that discrimination is not allowed in these areas (Article 59 of the Constitution and Article 2(1) of Law 18/2004). Law 4/2007 of 16 January 2007 (the Basic Law on the Social Security System) establishes in Article 7 the principle of equal treatment and forbids any kind of discrimination regarding beneficiaries.

       

      Supply of goods and services: Discrimination is not allowed on supply of goods and services. Article 3 of Law 18/2004 applies to discrimination on the basis of race or ethnic origin. Anti-discrimination rules are applicable to the supply of goods and services. 


      Source:

      Groups affected/interested

      • Ethnic minorities
      • Religious minorities
      • Persons with disability

      Key socio-economic / Institutional Areas

      • Employment - labour market
      • Health and social protection
      • Education
      • Daily life
      See other countriesSee indicator history
    • Are there specialised bodies/agencies/mechanisms which receive, handle/investigate complaints in discrimination cases?

      Yes, there are different mechanisms that receive and handle complaints in discrimination cases, but they do not investigate them.

      Qualitative Info

      The specialised body for the promotion of equal treatment in regard to racial and ethnic discrimination is the Alto Comissariado para a Imigração e Diálogo Intercultural, I.P. (ACIDI) [High Commission for Immigration and Intercultural Dialogue]. The competences referred to by Article 13(2) of the Racial Equality Directive are exercised together by two bodies, which are included in the structure of ACIDI [the High Commission]:
      - Alto Comissário [High Commissioner]
      - Comissão para a Igualdade e Contra a Discriminação Racial (CICDR) – [Commission for Equality and Against Racial Discrimination (CEARD)] 

      However, both bodies (the Commission for Equality and Against Racial Discrimination and the High Commissioner) have no powers of investigation. According to Article 12(2) of Law 18/2004, they are only authorised to receive complaints and must send files for investigation to the Inspectorate General responsible for the area in question. The Inspectorates General are bodies within Ministries that have powers to hear witnesses and to conduct all investigations necessary in cases involving the areas covered by the Ministry concerned. Both bodies are in formal and regular contact with these Inspectorates General (the Labour Inspectorate, the Inspectorate General for Territorial Administration, the Health Inspectorate, the Economic Activities Inspectorate and the Local Administration Inspectorate).

      Mandate of the specialised bodies:

      The competences of ACIDI [High Commission], as represented by the High Commissioner, are laid down in Decree-law 167/2007 of 03 May 2007. Under Article 3 (Purpose and powers of the High Commission) its competences are as follows:
      • to fight any forms of discrimination on the grounds of race, skin colour, nationality, ethnic origin or religion, through positive awareness, education and training actions, and also via the applicable sanctions specified in law;
      • to raise public awareness and to promote studies on immigration, ethnic minorities, intercultural dialogue and inter-religious dialogue;
      • to promote dialogue between religions through increased knowledge of other cultures and religions and the promotion of an attitude of mutual respect and affection related to diversity within the national borders, and also in regard to Portugal’s relations with the rest of the world.

      The regulation of CEARD is contained in Article 5(2) of Law 134/99 of 28 August 1999, which establishes the competences of this commission:
      • to gather all information related to discriminatory acts and to apply the relevant sanctions,
      • to recommend the adoption of legislative, statutory or administrative measures that it deems adequate to prevent discrimination on the grounds of race, skin colour, nationality or ethnic origin,
      • to promote and conduct surveys and research on racial discrimination,
      • to write and publish an annual report on the situation in Portugal concerning equality of treatment and racial discrimination.


      Legal texts references:

      Groups affected/interested

      • Migrants
      • Ethnic minorities
      • Religious minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Religious intolerance
      • Inter-ethnic

      External Url http://www.acidi.gov.pt/

      See other countriesSee indicator history
    • Are there mechanisms in place to collect data on racial discrimination in line with data protection legislation as an effective means of, monitoring and reviewing policies and practices to combat racial discrimination and promote racial equality?

      There are some mechanisms in place to collect data on complaints of racial discrimination, but they do not allow to monitor and review policies and pratices to combat racial discrimination.

      Qualitative Info

      Data collection is dispersed between different bodies and it is not performed according to homogenized criteria.

      There is the Comissão para a Igualdade e Contra a Discriminação Racial (CICDR) – [Commission for Equality and Against Racial Discrimination (CEARD)]  [1] and the Unidade de Apoio à Vítima Imigrante e de Discriminação Racial ou Étnica (UAVIDRE) [Unit for Support of Immigrant Victims and Victims of Racial and Ethnic Discrimination] established by the Associação Portuguesa de Apoio à Vítima APAV) [Portuguese Association for Victim Support]  [2] an NGO that signed a protocol to give assistance to immigrants facing discrimination and to the victims of racial or ethnic discrimination, with the Specialised Body, from whom it also gets financial support.

      But there are also the Inspectorates General that are bodies within Ministries, to whom complaints may be directly presented, the Provedor de Justiça [Ombudsman] [3] and the Tribunals.

      As a consequence the same complaint may be enlisted in the data sets of distinct entities and therefore could be counted twice. Cumulatively none of the referred data sets lists the total number of complaints thus preventing to monitor and review policies and practices to combat racial discrimination.


      Sources:

      1. Comissão para a Igualdade e Contra a Discriminação Racial (CICDR), http://www.cicdr.pt, Accessed in 24.02.2013
      2. Associação Portuguesa de Apoio à Vítima, http://apav.pt/apav_v2/index.php/pt/, Accessed in 24.02.2013
      3. Provedor de Justiça, http://www.provedor-jus.pt,  Accessed in 24.02.2013

       

      Groups affected/interested

      • Ethnic minorities
      • Religious minorities
      See other countriesSee indicator history
    • Does legislation provide for the possibility of adopting special/positive measures prevent or compensate for disadvantages linked to racial or ethnic origin in order to ensure full equality in practice?

      Yes, legislation provides for the possibility of adopting positive measures to prevent or compensate for disadvantages linked to racial or ethnic origin.

      Qualitative Info

      Although legislation does not contain any specific measures falling into the category of positive action, the establishment of the Alto Comissariado para a Imigração e Minorias Étnicas (ACIME) [High Commission for Immigration and Ethnic Minorities], namely Law 18/2004 and Decree-law 167/2007, of 3 May 2007 regulating the scope of its intervention, opened the door to that kind of measures.

      Article 8(1) of Law 18/2004 states that it is up to the High Commissioner to promote equality of treatment among all persons, without any discrimination based on racial or ethnic origin. Article 3(2)(a)(b)(c) of Decree-law 167/2007, of 3 May 2007, states that it is within the competence of the High Commissioner to cooperate in creating and implementing active policies of social integration as well as combating the exclusion of immigrants and ethnic minorities, in particular by stimulating transversal cooperation between public administration and municipalities.


      Source:

      Groups affected/interested

      • Migrants
      • Ethnic minorities

      Key socio-economic / Institutional Areas

      • Anti-discrimination
      • Integration - social cohesion
      See other countriesSee indicator history
    • Are special/positive measures for securing advancement and protection of certain racial or ethnic groups widely adopted and implemented?

      No, positive measures are not widely adopted and implemented.

      Qualitative Info

      These measures are rare and have been implemented more frequently to address prejudice and other difficulties experienced by the Roma community while trying to participate in the wider society, but also to promote migrants and ethnic minorities integration.

      Examples of these types of measures are:

       

      Regulations and permits for itinerant salespeople, which prevails as the main activity of the Roma community;

       

      Support of Roma NGOs and NGOs involved in work with the Roma community

       

      Cultural mediators recruited from among the Roma community have been introduced, with the aim of establishing bridges between children, families and schools (Law 105/2001 of 31 August 2001, introducing social and cultural mediators).

       

      It should be also mentioned that in the Portuguese National Action Plans for Inclusion (PNAI) the Roma communities were among the transversal target groups provided for in most of the social inclusion measures. In parallel, some specific instruments were created specifically directed towards the Roma Communities (Annex III of the PNAI), namely scholar certification and qualification of Roma young people (between 13 and 21 years of age) and advice centers within residential areas where Roma live in order to promote Roma social inclusion.

       

      There are no special quotas for Roma, but in regard to social housing the situation of Roma living in municipalities is specifically taken into consideration.


      Source:

      Portuguese National Action Plans for Inclusion (PNAI), http://www.pnai.pt,  Accessed in 24.01.2013

      Groups affected/interested

      • Migrants
      • Roma & Travelers
      • Ethnic minorities

      Key socio-economic / Institutional Areas

      • Anti-discrimination
      • Integration - social cohesion
      See other countriesSee indicator history
    • Is the State or are state representatives reported to engage in discriminatory acts or practices by independent authoritative sources?

      Yes, state representatives are reported to engage in discriminatory acts by independent authoritative sources.

      Qualitative Info

      In its third report on Portugal, dated from 2007, ECRI concludes, “there continue to be complaints about racist and discriminatory conduct by the law enforcement agencies.  […] Some of these complaints are submitted to the competent authorities […] In some cases, these complaints result in penalties but the majority are simply filed away for lack of evidence. More often, according to NGOs, those concerned, especially members of the Gypsy community do not make a complaint. […] ECRI notes that courses in human rights are provided for law enforcement officers and prison staff.  There is also a professional ethics module in the training given to the National Republican Guard (GNR) and the police (PSP – Public Security Police) in connection with immigrants and ethnic minorities, which contains information on racism and racial discrimination.” 

      Groups affected/interested

      • Migrants
      • Roma & Travelers

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      See other countriesSee indicator history
    • Is legal support for victims available from public agencies/bodies? Is there access for victims to assistance and justice?
    • Does the law foresee the shift of the burden of proof in civil / administrative procedures? Are there problems of implementation reported by independent authoritative sources?

      Yes, to some extent.

      Qualitative Info

      Article 6(1) of Law 18/2004, transposing the Race Directive, states that the victim of discrimination has to present facts from which the existence of such discrimination may be inferred; it is up to the respondent to prove that the differences of treatment are not the result of any of the factors mentioned in Article 3, which refers to discrimination on grounds of race, color, nationality or ethnic origin and indicates, as examples, some typical discriminatory practices. 

      The victim must demonstrate the act of discrimination and present facts to substantiate it. The defendant must show in turn that the differential treatment had no basis in racial or ethnic origin.

      This principle does not apply to criminal procedure, nor to actions where according to the law it is up to the court or other jurisdiction to carry out the investigation.

      Groups affected/interested

      • Migrants
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Inter-ethnic

      Key socio-economic / Institutional Areas

      • Anti-discrimination
      See other countriesSee indicator history
    • Can associations, organisations or other legal entities, who have a legitimate interest, engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure concerning discrimination?

      Yes.

      Qualitative Info

      Article 7(2) of the Racial Equality Directive is covered by Article 5 of Law 18/2004, which stipulates that associations may engage in judicial or other procedures in support of a complainant. This gives to them the right to legal standing in civil and criminal cases concerning race discrimination, and in some administrative proceedings. It states that "those associations that, according to their by-laws, have as their objective protection against discrimination based on racial or ethnic origin have the right to intervene in support or on behalf of one or more complainants, and with their approval in the respective legal procedures".

       

      However, in cases of contra-ordenações [minor offences], these entities only have the right to make an accusation and to file a complaint with the Comissão para a Igualdade e Contra a Discriminação Racial (CICDR) [Commission for Equality and Against Racial Discrimination] and the Alto-Comissariado para a Imigração e Diálogo Intercultural(ACIDI) [High Commission for Immigration and Intercultural Dialogue]. Individual complaints need to be identified only if this is necessary to substantiate the complaint.

       

      They do not have the right to appeal if the complaint is dismissed, nor the right to respond to the appeal of a person found guilty against a decision imposing a fine, as the law on the appeal procedure in case of contra-ordenações [minor offences] only grants the right of appeal to the person found guilty or the Public Prosecutor.

       

      Article 9(2) the Employment Equality Directive is covered by Article 477(d) of the Labour Code, but only trade unions have the right to intervene in the defense and protection of their members.


      Source:

      Groups affected/interested

      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Inter-ethnic

      Key socio-economic / Institutional Areas

      • Anti-discrimination
      See other countriesSee indicator history
    • Is class action or actio popularis possible? (court claims or action in the name of a group)

      Yes, class action is possible in some extent.

      Qualitative Info

      Trade unions and NGOs in cases concerning race discrimination, and in some administrative proceedings have the right to act on behalf of one or more complainants. Class actions, in the sense of collective actions, i.e. actions with several complainants are possible in civil, criminal and labour procedures under Article 5(2)(c) of the Code of Labour Procedure, which states that trade unions may file actions in representation of their members who authorise them to do so in cases related to the general violation of individual rights of identical nature. Article 5(3) states that the authorisation is presumed if the member does not manifest any opposition after being informed by the trade union of its intention to file the action.

      Article 53(1) of the Código do Procedimento Administrativo [Code of Administrative Procedure] grants to NGOs some rights to legal standing that can be used in some administrative procedures.

      Groups affected/interested

      • Migrants
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Inter-ethnic

      Key socio-economic / Institutional Areas

      • Employment - labour market
      • Daily life
      See other countriesSee indicator history
    • Are sanctions foreseen/provided by anti-discrimination legislation?

      Yes, sanctions are provided by anti-discrimination legislation.

      Qualitative Info

      Fines

      Racial discrimination in general is a contra-ordenação [minor offence]. Law 134/99 and Decree-law 111/2000 consider that discrimination is a summary offence punishable by a fine, without prejudice to civil liability or the application of other established sanctions. Article 15 of Law 18/2004, transposing the Race Directive, makes reference to the above regulations.

       

      Fines may vary from EUR 400 to EUR 2,000 for individuals and are doubled for legal persons. If the offence results from the omission of a duty, the application of the sanction does not prevent the offender from carrying out this duty if it is still possible. The Alto Comissariado para a Imigração e Diálogo Intercultural (ACIDI) [High Commission for Immigration and Intercultural Dialogue] may apply the following ancillary sanctions: publication of the decision; public censure (admonition) of the perpetrators of discriminatory practices; confiscation of property; prohibition of the exercise of a profession or activity which involves a public capacity or depends on authorisation or official approval by public authorities; removal of the right to the benefits granted by public bodies or services; removal of the right to participate in trade fairs; removal of the right to participate in public markets; compulsory closing of premises owned by the perpetrators; suspension of licenses and other permits.

      Very serious offences are punishable, according to the Labour Code, with fines that vary according to the turnover of the employer from EUR 2,040 to EUR 61,200. If the employer responsible for the violation of the rules is not a registered company, fines can vary from EUR 1,020 to EUR 2,550 in the case of negligence, and EUR 2,550 to EUR 5,100 in the case of intent (dolus).

      If discriminatory treatment occurs during a recruitment process, the victim cannot request the court to order the employer to hire him or her. He or she is only entitled to damages. However, if discrimination takes place in the context of actual employment, the victim of discrimination can ask the court to order the employer to put an end to any discriminatory treatment, and to be reinstated if he or she was unfairly dismissed.

      The payment of compensation for pecuniary and non-pecuniary (moral) damages suffered by victims of discrimination is covered by Article 26 of the Labour Code. There is no ceiling on the amount of compensation that can be awarded. No court cases have been found on this issue.

       

      Penal sanctions
      The Criminal Code has been recently been amended by Law 59/2007 and Article 240 now covers discrimination based on almost every ground. Paragraph 1 of this article makes it an offence to establish organisations or engage in organised propaganda activities which incite or encourage discrimination on grounds of race, colour, ethnic origin or nationality, religion, gender or sexual orientation. Those who incite or encourage racial, religious or sexual discrimination will be subject to a term of imprisonment from six months to up to five years. 

      Under Article 132(2)(4) of the Criminal Code on homicide, motives based on hatred on grounds of race, religious or political convictions, or colour, ethnic origin or nationality, religion, gender or sexual orientation are regarded as aggravating circumstances, resulting in a more severe penalty. Such aggravating circumstances may also apply in cases of assault causing bodily harm under Article 146 of the Criminal Code. There is no general rule stipulating that such motives constitute aggravating circumstances for all offences. This means that, for other offences, it is left to the courts to decide, on a case by case basis, whether racial motives constitute an aggravating circumstance. 

      Articles 251 and 252 deal with outrage (affronts and insults) and trouble and disorder affecting the normal provision of religious services as crimes punishable with imprisonment of up to one year, or with a daily fine up to 120 days. If not paid these fines will be converted in imprisonment.

      Article 253 considers as a crime the violence or threat against funerals or burial ceremonies, punishable with imprisonment of up to one year.

      Article 254 considers as a crime the profanation of any cemetery, punishable by up to two years imprisonment or a daily fine up to 240 days.

       

      Civil sanctions
      According to Article 28 of the Labour Code, regardless of the administrative sanctions that can be imposed, the victim of discrimination can always sue the perpetrator for pecuniary and non-pecuniary damages in accordance with the general rules on (civil) liability (Articles 483 et seq. of the Civil Code). There is no ceiling on the amount of compensation that can be awarded as civil damages.
       


       

      Source:

      See other countriesSee indicator history
    • Is there provision within anti-discrimination legislation/practice forfinancial compensation/restitution of rights and are these applied in practice?

      Yes, there is provision within anti-discrimination legislation for financial compensation of rights.

      Qualitative Info

      Victims have the right to sue for damages in court.

       

      Civil damages can be awarded for all types of discrimination under the general principles of Articles 483, 484 and 496 of the Civil Code. In labour law, it should be noted that Article 28 of the Labour Code expressly states that the occurrence of any discriminatory act gives the worker or job applicant concerned the right to be compensated for pecuniary or non-pecuniary damages in accordance with the general provisions of civil law (i.e. Articles 483, 496, 799 and 800(1) of the Civil Code).

       

      There are no statutory limits for pecuniary or non-pecuniary (moral) damages.

       

      However it must be noted that any precedents were found in which damages have been awarded only on the basis of a case of simple discrimination.

       

      In the case of multiple discriminations, the damages could be higher, taking into account the aggravated conduct of the perpetrator.


      Source:

      Groups affected/interested

      • Migrants
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Inter-ethnic

      Key socio-economic / Institutional Areas

      • Anti-discrimination
      See other countriesSee indicator history
    • Are there any problems concerning the implementation of national legislation prohibiting discrimination?

      Yes, there are problems that have been reported by the European Network of Legal Experts in the Non-discrimination Field in its 2009 - Country Report on Portugal and by the European Commission against Racism and Intolerance in its 3rd report on Portugal dated from 2006.

      Qualitative Info

      European Commission against Racism and Intolerance

      Recommends strengthening training on issues of racism and racial discrimination for actors in the justice system.

      Recommends improving the procedure for receiving complaints of racial discrimination under the Law 18/2004. 

      Recommends raising public awareness of the need to combat racism and intolerance and the benefits of a multicultural society.

      Asks the Portuguese authorities to continue their efforts aimed at taking measures in favour of the legalisation and integration of immigrants.

      Recommends additional measures to put an end to misconduct on the part of law enforcement officials towards minority groups.

      Asks the Portuguese authorities to adopt a national strategy to combat the social exclusion of Gypsies, by improving their situation in such fields as housing, education and access to public services. 

       

      European Network of Legal Experts in the Non-discrimination Field

      From the legal point of view, the situation in Portugal with regard to equality bodies is too complex. The result is that there are several practical limitations in fulfilling responsibilities related to the implementation of the Race Directive. 

      For example, the procedure for hearing and investigating cases is too complex. A complaint is filed either with the Commission for Equality or with the High Commissioner. After a preliminary examination the complaint is sent to the Inspectorate General deemed to be competent. Sometimes conflicts of competence arise between twoInspectorates General and have to be resolved by the Minister for the Presidency. The Inspectorates take too long to conduct investigations. The file returns to the Commission for Equality for the opinion of its Permanent Commission, and only then is a binding decision issued by the High Commissioner, imposing a fine if that is considered appropriate.

       

      Adding to the above mentioned, awareness of ethnic minorities and immigrants about their legal rights and the complaints and assistance mechanisms at their disposal is extremely poor.

      Groups affected/interested

      • Migrants
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Inter-ethnic

      Key socio-economic / Institutional Areas

      • Anti-discrimination
      See other countriesSee indicator history
    • Has there been a thorough evaluation/assessment of the effectiveness of the national implementation of EU Anti-discrimination Directives?

      No, no thorough evaluation or assessment of the effectivness of the implementation of EU anti-discrimination Directives has been made in Portugal.

      See other countriesSee indicator history
  • Policing - Law Enforcement - Justice

    No clear evidences exist of ethnic profiling in Portugal, but police authorities have been accused of discriminatory practices by independent organizations. In recent years human rights training modules for police officers were implemented. A special unity was created to assist victims (UAVIDRE) and the number of complaints has been raising, but condemnations in court continue to be scarce. Evidence suggests that judges tend to give harder and longer sentences to ethnic minorities.

    • Is there evidence or indication that the police force engages in ethnic profiling?

      Yes, there is indication that the police force may engage in ethnic profiling.

      Qualitative Info

      Ethnic profiling by the police forces is an accusation made by some NGO's. They claim that ethnic minorities, especially those from African descent, frequently denounce this practice. In recent cases of disobedience at police stops that got media attention, testimonials collected by reporters pointed it out and this issue was discussed in media. Police representatives strongly refuted those accusations.

       

      The results of the EU Midis survey in Portugal show that high rates (35%) of fairly or very disrespectful police treatment was experienced by Sub-Saharan Africans respondents, during their last stop.

      Groups affected/interested

      • Migrants
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Inter-ethnic

      Key socio-economic / Institutional Areas

      • Policing - law enforcement

      External Url http://fra.europa.eu/fraWebsite/eu-midis/index_en.htm

      See other countriesSee indicator history
    • Is there evidence of significant disparities between the number of racist incidents and crimes reported and the numbers of racist incidents and crimes recorded by police authorities?

      Yes, there is evidence of significant disparities between the number of racist incidents and crimes reported by UAVIDRE [1] (the institution empowered by the state to support victims of racial and ethnic discrimination) and the numbers of racist incidents and crimes recorded by police authorities [2]. It is impossible however to produce a detailed figure of these differences since the data collected by these entities is not categorised the same way, making impossible direct comparisons.

      Qualitative Info

      Until a few years ago SOS Racismo [SOS Racism], the most important NGO combating racism and xenophobia in Portugal, claimed that racist incidents were clearly underreported, especially those implying Roma victims. Unfortunately sometime after the establishment of the Unidade de Apoio à Vítima Imigrante e de Discriminação Racial ou Étnica (UAVIDRE) [Unit for the Support to Immigrant Victims and Victims of Racial and Ethnic Discrimination] by the government in 2004 and as a result of it, SOS started allocating less resources to juridical support and stopped updating data on complaints.


      Sources:

       

      1. UAVIDRE, http://apav.pt/apav_v2/images/pdf/Estatisticas_UAVIDRE_2011.pdf, Date of access: 23.01.2013
      2. Direcção Geral da Política de Justiça, http://www.siej.dgpj.mj.pt/webeis/index.jsp?username=Publico&pgmWindowName=pgmWindow_634948004751647500, Date of access: 23.01.2013.
         

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Asylum seekers
      • Africans/black people
      • National minorities

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Nationalism
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      See other countriesSee indicator history
    • Is there evidence that areas containing significant numbers migrants and minorities are policed in different ways than others?

      No, there is no evidence that areas containing significant numbers of migrants and minorities are policed in different ways than others.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Asylum seekers
      • Africans/black people
      • National minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Inter-ethnic

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      See other countriesSee indicator history
    • Do migrants/minorities face disproportionate problems in accessing justice?

      There is no information or evidence that migrants or minorities face disproportionate problems in accessing justice.

      See other countriesSee indicator history
    • Is there evidence of differential sentencing?

      Yes, there is evidence of foreigners differential sentencing.

      Qualitative Info

      The study A Criminalidade de Estrangeiros em Portugal: um estudo científico [The Criminality of Foreigners in Portugal: A Scientific Survey], dated from 2005 and the one that followed it in 2006 Reclusos Estrangeiros em Portugal: esteios de uma problematização [Foreign Prisoners in Portugal – An initial analysis], concluded that “in comparing the development of foreigners and Portuguese in penal cases of the first instance during the years 1997 to 2003 there is in fact an overrepresentation of the formers in all stages of the process (defendants, sentences, and sentenced to a term in prison).”

       

      “It is possible to state that, in terms of restraint, custodial detention in prison is applied much more to foreigners than to Portuguese. Three reasons can be ascribed to this fact. Firstly, it is explicitly stated in the Penal Code that any suspect of a crime who is a foreign national who is in an irregular situation in the country should be held in custodial detention in prison, even if the level of crime does not warrant the force usually required by law. In the second place, there could be a greater involvement of foreigners in crimes with criminal sentences greater than three years which, added to the danger of flight, may lead to this type of decision. What is not explained by the previously given reasons can be interpreted as the existence of some kind of prejudice within the judicial machine that tends to penalise non-nationals more severely.”


      “Through calculating the rates of guilty sentences, it is also the case here that foreigners have a greater probability of being found guilty than Portuguese. Here, besides the type of crime carried out and the possible prejudice of agents within the judicial system, a new factor comes into play: the weak quality of the officially provided legal defence. In analysing the sentences awarded following a conviction, we can verify that foreigners are more frequently sentenced to prison. […] We also verified that of the prison sentences given to foreigners, longer sentences predominate and that, with a notable frequency, the average length of prison terms awarded for the same type of crime are greater for foreigners.”


      Almost identical conclusions were presented in the study Percursos Estrangeiros no Sistema de Justiça Penal [Foreign Pathways on Penal Justice System] dated from 2010. Here it is said that “discrimination is part of the explanation for the overrepresentation of foreigner residents in Portuguese detention system, although not being sufficient to explain the all magnitude of it.”

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      See other countriesSee indicator history
  • Employment

    Foreign workers experience higher rates of unemployment than the Portuguese citizens. As to the Roma population, evidences exist that they experience much higher rates of unemployment. Differential pay rates between nationals and foreigners exist but tend to decrease with longer work relations. Trade unions had an important role in shaping immigration policies, and developed a significant effort to help immigrant workers in the regularization of their situation.

    • Differential unemployment levels/rates of migrants?

      Yes, there are indications that differential unemployment rates exist.

      Qualitative Info

      According to International Migration Outlook 2011 on Portugal issued by OECD, the unemployment rate in 2009 for native-born men was 9,0% while for foreign-born men was 13,2% and for nativee-born women was 10,5% while for foreign-born women was 13,0%.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Inter-ethnic

      Key socio-economic / Institutional Areas

      • Employment - labour market

      External Url http://www.oecd.org/dataoecd/45/9/48356457.pdf

      See other countriesSee indicator history
    • Differential unemployment levels/rates of minorities?

      Yes, there are differential unemployment rates of minorities.

      Qualitative Info

      Although no ethnic data collection is allowed by law and, therefore, it is not performed within public administration, evidence exist that Roma have much higher unemployment rates than the majority or even the foreigners. This fact is almost unanimously referred, be it NGO’s or government bodies.

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Inter-ethnic

      Key socio-economic / Institutional Areas

      • Employment - labour market
      See other countriesSee indicator history
    • Differential pay rates?

      Yes, although not conclusive there is some evidence pointing to the fact that differential pay rates for migrants exist.

      Qualitative Info

      In study on immigration wages using the Staff Tables of the Ministério do Trabalho e da Solidariedade Social [Ministry of Work and Social Solidarity] Carneiro et al showed that immigrant workers receive an hourly wage 2,6per cent less than the hourly wage received by Portuguese workers in similar conditions, adding that this “wage penalty” is “relatively inferior when compared with other available estimates for other European countries” . The authors also conclude that higher and lower salaries are less penalised. Furthermore, the study emphasises that there is a progressive upgrading in the context of stable work relations, which puts into question the conclusions of some recent studies: the salary corresponding to the first year of employment under a single employer rises approximately 2.65per cent, while for nationals it only increases an average of 1.48per cent

       

      But in a comprehensive study on Brazilian immigration in Portugal, Silva & Schiltz refer that Brazilians respondents did not feel strongly disadvantaged when compared to Portuguese workers: 74.4per cent of them state that their salary is not worse than native citizens’ salary and 80.9per cent claim that their job is neither more risky nor harder than the Portuguese’s job.


       

      Sources:

       

      CARNEIRO, A., FORTUNA, N., VAREJÃO, J. (2007), “Ganhos dos imigrantes e características do empregador”, Quadros de Pessoal e Investigação em Economia, Gabinete de Estratégica e Planeamento, Ministério do Trabalho e da Solidariedade Social, Lisboa, pp. 17-21.

       

      SILVA, S.S.B., SCHILTZ, A. (2007), “A relação entre os imigrantes brasileiros e os portugueses – a construção de imagens recíprocas”, MALHEIROS, J.M. (org.), Imigração Brasileira em Portugal, Observatório da Imigração, Lisboa, pp. 155-.

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Employment - labour market
      See other countriesSee indicator history
    • Legal restrictions and/or effective practices of exclusion of migrants regarding membership of and participation in trade unions

      There are no legal restrictions or effective practices of exclusion of migrants regarding membership of and participation in trade unions.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Employment - labour market
      See other countriesSee indicator history
    • Legal obstacles to access employment in the public sector under equal conditions for migrants

      Yes, there are legal obstacles to access certain positions in the public sector for migrants.

      Qualitative Info

      According to the number 1 and 2 of article 15 of the Portuguese Constitution, foreigners although enjoying the same rights and be subject to the same duties as Portuguese citizens, are inhibited from the performance of public functions that are not predominantly technical.

      Groups affected/interested

      • Migrants
      • Refugees
      • Asylum seekers

      Key socio-economic / Institutional Areas

      • Employment - labour market

      External Url http://www.parlamento.pt/Legislacao/Paginas/ConstituicaoRepublicaPortuguesa.aspx

      See other countriesSee indicator history
    • Legal restrictions and/or effective practices of exclusion of minorities regarding membership of and participation in trade unions

      There are no legal restrictions or effective practices of exclusion of minorities regarding membership of and participation in trade unions.

      Groups affected/interested

      • Ethnic minorities

      Type (R/D)

      • Intra-ethnic

      Key socio-economic / Institutional Areas

      • Employment - labour market
      See other countriesSee indicator history
    • Are there examples of good practices and positive initiatives against discrimination/racism at the workplace?

      Yes, there are examples of good practices and positive initiatives against discrimination and racism at the work place.

      Qualitative Info

      The II Plano para a Integração dos Imigrantes (PII) [Second Plan for Immigrant Integration] approved for the period 2010-2013 includes two positive initiaives. Firstly, measure 54, which concerns a legislative modification scheduled for 2012 and aims at the reinforcement of the intervention capacity of the Comissão para a Igualdade e contra a Discriminação Racial (CICDR) [Commission for Equality and Against Racial Discrimination]: to approve the proposal for alteration of the legal framework regarding infractions related to discriminatory practices based on nationality or ethnic origin, so as to confer greater efficiency to its respective procedures, namely by establishing mediation as a standard procedural stage, fixing deadlines for the end of the investigation, and simplifying procedures. Another measure, 57, concerns the disaggregation of statistical data related to racial discrimination, by gender, of the infractions by general discrimination in employment, collected by the Autoridade para as Condições do Trabalho (ACT) [Working Conditions Agency].

      Groups affected/interested

      • Migrants
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Inter-ethnic

      Key socio-economic / Institutional Areas

      • Employment - labour market

      External Url http://acidi.gov.pt.s3.amazonaws.com/docs/2010/DR_pii/dr_PII.pdf

      See other countriesSee indicator history
  • Housing & Segregation

    There are some evidences that spatial segregation of minorities exist, although it has been diminishing. The case of Roma is particularly evident but other minorities, like nationals of the former African colonies experience it in some degree. Important segments of these populations lived in barracks and have been re-housed in the last decade. Roma, Africans and Brasilians, experience significant levels of discrimination when accessing the housing market.

    • Is there evidence of significant levels of segregation between migrant groups and the majority population?

      Yes, there is some evidence.

      Qualitative Info

      According to some authors, social ethnic segregation is indeed a reality. In effect, analysing the segregation indexes for the main national groups living in the Lisbon Metropolitan Region some patterns can be underlined. Angolans, Santomese, and Guineas, present the higher scores for segregation. Segregation has been increasing progressively for some of the groups since the eighties, but in the nineties a noticeable reduction was registered among two of the most numerous foreign communities, Capeverdians and Brazilians. In a more recent paper and applying a different methodology to calculate the index, one of those authors claims that there is a generalised tendency to the reduction of segregation among the different nationality groups.

       



      Sources:

       

      Malheiros, J. (1998) “Segregação socioétnica na região metropolitana de Lisboa” [Social Ethnic Segregation in the Lisbon Metropolitan Region], in Sociedade e Território 30

       

      Fonseca, L et al. (2002) “Imigrants in Lisbon. Routes of integration” in: Centro de Estudos Geográficos, Estudos para o planeamento Regional e Urbano  56

       

      Malheiros, J and Vala, F. (2005) “A problemática da segregação residencial de base étnica – questões conceptuais e limites à operacionalização: o caso da Área Metropolitana de Lisboa”, in: Revista de Estudos Geográficos, 36, pp. 89-109
       

      Groups affected/interested

      • Migrants
      • Africans/black people
      • National minorities

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • What is the ethnic origin of the highly segregated migrant group?

      The ethnic origin of the highly segregated group is sub-Saharan Africa.

      Qualitative Info

      Source:

       

      Malheiros, J and Vala, F. (2005) “A problemática da segregação residencial de base étnica – questões conceptuais e limites à operacionalização: o caso da Área Metropolitana de Lisboa”, in: Revista de Estudos Geográficos, 36, pp. 89-109

      Groups affected/interested

      • Migrants
      • Ethnic minorities
      • Linguistic minorities
      • Africans/black people

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • Is there evidence of significant levels of segregation between minority groups and the majority population?

      Yes, there is evidence of significant levels of segregation between minority groups, specially Roma, and the majority population.

      Qualitative Info

      In 2006 the European Roma Rights Centre (ERRC) and Númena – Centro de Investigação em Ciências Sociais e Humanas [Numena – Research Centre in Human and Social Sciences] conducted a research project, aimed at evaluating the impact of public social services in the processes of social inclusion of the Roma and Traveller population. One of the main problems that are pointed in the report is the fact that the re-housing processes resulted many times in segregated neighborhoods, with substandard living conditions and furthermore that the settlements of re-housing are not adequately integrated in the urban fabric, in fact, they occur many times in areas far from the urban centre, with disregard for the question of accessibility, thus reinforcing the spatial segregation of Roma.

       


       

       

      Sources:

      BEDARD, T. and OLOMOOFE, L. (2007) Social Inclusion Through Social Services: The Case of Roma and Travelers. Accessing the Impact of National Action Plans for Social Inclusion in Czech Republic, France and Portugal. Budapest: ERRC/Númena. Available at: http://www.errc.org/cikk.php?cikk=2737

      Groups affected/interested

      • Roma & Travelers
      • National minorities

      Type (R/D)

      • Anti-roma/zinghanophobia
      • Anti-roma/ romaphobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • What is the ethnic origin of the highly segregated minority group?

      The highly segregated minority group in Portugal are Roma.

      Qualitative Info

      There is no quantitative data on the level of segregation of Roma, however some reports make evident the fact that Roma experience higher levels than any minority group. Besides being victims of stigma and prejudice from the majority population like other minority groups, Roma are much more likely than the others, to suffer discrimination by public authorities, especially local ones.

       

      The 2002 report on Portugal of the European Commission Against Racism and Intolerance (ECRI) refers alleged cases of discrimination of local authorities against the location of Roma accommodation. In 2007 it still lamented that “some Gypsy communities live in the most basic encampments on the outskirts of towns, sometimes without any access to the essential services such as water and electricity”. Furthermore, allegations of discrimination against Roma by some local authorities persisted: some of the latter “have deliberately cut off access for Gypsy communities to water in order to intimidate and humiliate them into leaving”.

       

      A report resulting from a public hearing made by the Assembleia da República [Portuguese Parliament] on the situation of the Portuguese Roma concluded that “the housing situation of the Roma community is very precarious and difficult to solve” and that there is widespread discrimination against Roma citizens: people are generally unwilling to have Roma citizens as neighbours, or to rent or sell them a house and it is usually difficult for Roma citizens to access to mortgages. As to re-housing process the report point to problems like the “concentration of Roma families in council estates, far away from the urban fabric, with poor transport accessibilities” and the “concentration of Roma families with other vulnerable groups”.

       


       

      Sources:

       

      European Commission on Racism and Intolerance (2002), Second Report on Portugal

       

      European Commission on Racism and Intolerance (2007), Second Report on Portugal

       

      Assembleia da República (2009), Relatório das audições efectuadas sobre Portugueses Ciganos no âmbito do Ano Europeu para o Diálogo Intercultural, Comissão Parlamentar de Ética, Sociedade e Cultura, Sub-Comissão para a Igualdade de Oportunidades e Família, Assembleia da República. [Assembly of the Republic, Report on the public hearings held on Portuguese Roma within the scope of the European Year for Intercultural Dialogue, Parliamentary Commission of Ethics, Society and Culture, Sub-Commission for Equal Opportunities and Family]. Available at http://www.parlamento.pt/sites/COM/Paginas/DetalheNoticia.aspx?BID=2622

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia
      • Anti-roma/ romaphobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • Is there evidence of majority driven segregation ("white flight" phenomenon)?

      No, there is no evidence of majoity driven segregation.

      Groups affected/interested

      • Ethnic minorities

      Type (R/D)

      • Inter-ethnic
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • Is there evidence of denial of housing/housing rights for certain ethnic groups?

      Yes, there is evidence of denial of housing rights for certain ethnic groups.

      Qualitative Info

      Roma are the most affected group since they face severe discrimination when accessing housing in the market, but they also face prejudice and suspicion from local authorities and police authorities. They are frequently kept on the run from municipality to municipality and usual victims of the "not on my back yard" processes.

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia
      • Anti-roma/ romaphobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • Is there evidence that migrant/minority groups face especially serious problems in accessing housing of an acceptable quality?

      There is evidence that Roma face especially serious problems in accessing housing of an acceptable quality.

      Qualitative Info

      Although no quantitative data is available, different sources present Roma as facing serious difficulties in accessing housing of an acceptable quality. As reported in research studies and in the Portuguese Parliament public hearing, in some parts of the country they still live in barracks with no water or electricity.

       


       

      Sources:


      Bedard, T. and Olomoofe, L. (2007) Social Inclusion Through Social Services: The Case of Roma and Travelers. Accessing the Impact of National Action Plans for Social Inclusion in Czech Republic, France and Portugal. Budapest: ERRC/Númena. Available at: http://www.errc.org/cikk.php?cikk=2737

       

      Assembleia da República (2009), Relatório das audições efectuadas sobre Portugueses Ciganos no âmbito do Ano Europeu para o Diálogo Intercultural, Comissão Parlamentar de Ética, Sociedade e Cultura, Sub-Comissão para a Igualdade de Oportunidades e Família, Assembleia da República. [Assembly of the Republic, Report on the public hearings held on Portuguese Roma within the scope of the European Year for Intercultural Dialogue, Parliamentary Commission of Ethics, Society and Culture, Sub-Commission for Equal Opportunities and Family]. Available at http://www.parlamento.pt/sites/COM/Paginas/DetalheNoticia.aspx?BID=2622

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia
      • Anti-roma/ romaphobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • Migrant or minority group which faces especially serious problems in accessing housing of an acceptable quality?

      Roma face especially serious problems in accessing housing of an acceptable quality.

      Groups Roma Data No data available

      Qualitative Info

      Roma are those who face the most serious difficulties in accessing housing of an acceptable quality. In some parts of the country they still live in barracks with no water or electricity. The neighbourhoods they live in are more frequently than in the case of other minorities segregated and located in the outskirts of the towns.

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia
      • Anti-roma/ romaphobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • Is there evidence of particular difficulties faced by migrant/minority groups in purchasing or renting property of their choice?

      Yes, there is evidence of some particular difficulties.

      Qualitative Info

      Despite the fact that no quantitative data exists and that a situation testing study was never performed on this issue, Roma associations and NGO’s like SOS Racism consider that this community face particular difficulties in purchasing and renting property of their choice.

       

      When purchasing or renting property of their choice Roma face widespread discrimination from neighbors, real estate agents and sometimes from local authorities. An evidence of it is the usual practice of real estate agents to have porcelain representations of toads in their offices, since it is a popular believe that Roma will avoid them. On the other hand the common way for a Roma to elude this is to have a frontman that will represent him for the acquisition.

       

      Brasilians and sub-Saharan immigrants also face some prejudice that results again from the popular belief that associates them with a more festive and convivial way of living and being keener for meeting and partying they are considered necessarily noisy, disrespectful and a neighbour to avoid.

      Groups affected/interested

      • Migrants
      • Roma & Travelers
      • Ethnic minorities
      • National minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • Affected group with particular difficulties in purchasing or renting property of own choice

      Yes, Roma are particularly affected.

      Qualitative Info

      Despite the fact that no quantitative data exists and that a situation testing study was never performed on this issue, Roma associations and NGO’s like SOS Racism consider that this community face particular difficulties in purchasing and renting property of their choice.

      When purchasing or renting property of their choice Roma face widespread discrimination from neighbours, real estate agents and sometimes from local authorities. An evidence of it is the usual practice of real estate agents to have porcelain representations of toads in their offices, since it is a popular believe that Roma will avoid them. On the other hand the common way for a Roma to elude this is to have a frontman that will represent him for the acquisition.

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia
      • Anti-roma/ romaphobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
  • Education

    There are problems with differential educational attainement and drop-out by Roma and some migrant groups. There is evidence of school segregation of migrants in some urban areas and there have been reported cases of school segregation concerning Roma pupils. School materials and methodologies can reflect the diversity of school population, although the national curricula is common to all schools. There have been initiatives to foster interculturality and teachers training.

    • Practical obstacles and evidence of problems and differential enrollment rates for certain minorities?

      There are some identified obstacles and evidence of problems and differential enrollment rates for Roma.

      Qualitative Info

      The Third Report on Portugal published by the Eurpean Commission against Racism and Intolerance (ECRI) states that Roma communities still suffer from social exclusion and encounter difficulties in their dealings with the majority population, local authorities and law enforcement officials. Access to education is one of the identified problems.

      The report addresses the question of access to education for Roma children. According to the ECRI report, the school drop-out rate among Roma children is very high, as shown by the figures provided by the Portuguese authorities. There are very few Roma children who pursue their studies beyond the first cycle. The report identifies that Roma girls are particularly likely to leave school at a very early age for cultural reasons. 

      The report adds that according to non-government sources there were fewer than ten Roma students in higher education.

      In this report ECRI urges the Portuguese authorities to reinforce their efforts, in conjunction with Roma communities, to encourage regular school attendance by Roma children (p. 30).
       



      Source

      ECRI (2007), Third Report on Portugal, Strasbourg: Council of Europe, http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/PRT-CbC-III-2007-4-ENG.pdf, Date of access: 27.02.2012.

      Groups affected/interested

      • Roma & Travelers
      • Ethnic minorities

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Education
      • Culture
      See other countriesSee indicator history
    • Practical obstacles and evidence of problems and differential enrollment rates for migrants?

      There are some identified obstacles and evidence of problems and differential enrollment rates for migrants.

      Qualitative Info

      The Third Report on Portugal published by the Eurpean Commission against Racism and Intolerance (ECRI) addresses the question of access to education for children from minority groups in general, in particular immigrants.

      The ECRI report highlights the legislation providing for the introduction in schools of compulsory classes in Portuguese as a second language for children whose mother tongue is not Portuguese. and the adoption of Decree-Law no. 67/2004 which guarantees the right of children whose foreign parents have no legal status in Portugal to enrol in schools under the same conditions as children of non-nationals who do have legal status.

      The ECRI report states that, in the absence of detailed statistics, according to several studies children from certain immigrant groups, in particular Africans, do less well at school than Portuguese pupils and are less likely to continue their education (p. 17).
       



      Source

      ECRI (2007), Third Report on Portugal, Strasbourg: Council of Europe, http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/PRT-CbC-III-2007-4-ENG.pdf, Date of access: 27.02.2012.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Poorer educational performance by certain groups?

      There is some evidence of poorer educational performance by Roma and Africans.

      Qualitative Info

      The Third Report on Portugal published by the Eurpean Commission against Racism and Intolerance (ECRI) states that, in the absence of detailed statistics, according to several studies children from certain immigrant groups, in particular Africans, do less well at school than Portuguese pupils and are less likely to continue their education (p. 17).

      According to the ECRI report, there are very few Roma children who pursue their studies beyond the first cycle. The report identifies that Roma girls are particularly likely to leave school at a very early age for cultural reasons. The report adds that according to non-government sources there were fewer than ten Roma students in higher education. (p. 30).
       



      Source

      ECRI (2007), Third Report on Portugal, Strasbourg: Council of Europe, http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/PRT-CbC-III-2007-4-ENG.pdf, Date of access: 27.02.2012.

      Groups affected/interested

      • Migrants
      • Roma & Travelers
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-roma/ romaphobia

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Problems with educational attainement by certain groups (drop out - fragmentation of educational experience)?

      There are some problems with educational attainement and school drop-out, especially by Roma and some migrant groups.

      Qualitative Info

      According to the Third Report on Portugal published by the European Commission against Racism and Intolerance (ECRI) the school drop-out rate among Roma children is high, as shown by the figures provided by the Portuguese authorities. There are very few Roma children who pursue their studies beyond the first cycle. The report identifies that Roma girls are particularly likely to leave school at a very early age for cultural reasons. The report adds that according to non-government sources there were fewer than ten Roma students in higher education (p. 30).

      ECRI report states that, in the absence of detailed statistics, according to several studies children from certain immigrant groups, in particular Africans, do less well at school than Portuguese pupils and are less likely to continue their education (p. 17).
       



      Source

      ECRI (2007), Third Report on Portugal, Strasbourg: Council of Europe, http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/PRT-CbC-III-2007-4-ENG.pdf, Date of access: 27.02.2012.

      Groups affected/interested

      • Migrants
      • Roma & Travelers
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-roma/ romaphobia

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Are there positive initiatives to improve/support poor educational provision for migrant and minority groups?

      Yes, there are positive initiatives to improve/support poor educational provision for migrant and minority groups.

      Qualitative Info

      The Third Report on Portugal published by the European Commission against Racism and Intolerance (ECRI) highlights the legislation providing for the introduction in schools of compulsory classes in Portuguese as a second language for children whose mother tongue is not Portuguese. and the adoption of Decree-Law no. 67/2004 which guarantees the right of children whose foreign parents have no legal status in Portugal to enrol in schools under the same conditions as children of non-nationals who do have legal status.

      The ECRI report also highlights some initiatives taken to encourage school attendance by Roma children, as the creation of posts of socio-cultural mediators who act as a liaison point between families and schools and initiatives taken by the Alto Comissariado para a Imigração e Diálogo Intercultural (ACIDI) [High Commission for Immigration and Intercultural Dialogue] designed to raise the awareness of non-Roma teachers and pupils to Roma culture. According to the report, the Portuguese authorities stated that the school attendance rate of Roma children has risen since the creation of these mediator posts. The report also refers to the case of a minority of Roma children whose parents have a nomadic lifestyle and benefit from the school network which enables them to attend school throughout the year in Portugal.

      According to the Migrant Integration Policy Index (MIPEX III) Portugal occupies a good position on access and on international education, with all pupils, regardless of status, access school and support for disadvantaged families. The MIPEX III highlights ACIDI projects and the national programme Escolhas [Choices] which in its third edition worked with 780 partners and 81,695 beneficiaries, particularly disadvantaged immigrant youth.

      The I Plano para a Integração de Imigrantes (PII, 2007-2009) [I Plan for Immigrant Integration] and the II Plano para a Integração de Imigrantes (PII, 2010-2013) [II Plan for Immigrant Integration] adopted several measures accross various policy areas, including education.

      For the I Plan for Immigrant Integration (2007-2009) the "Education" area of intervention included the measures (pp. 16-19):

      - Training of teaching staff in interculturality;
      - To revise the criteria of the school network to guarantee well balanced classes with regard to the distribution of students coming from the same groups/neighbourhoods as well as suggesting school boards to take into consideration the needs of schools to have a balanced “ethnic make up” in classes;
      - Providing appropriate welcoming strategies and help the integration of student children of immigrants into schools, namely by taking into account the age levels of students, language ability and length of stay in Portugal;
      - Involvement of immigrant families in School;
      - Involvement of socio-cultural mediators within the school context, in collaboration with immigrant associations;
      - To give importance to the role of the teacher in the welcoming and integration of students of immigrant descent;
      - Equipping schools with pedagogical materials for supporting intercultural and anti-racist education;
      - To reinforce Education Offices within National immigrant Support Centres with the aim of offering help in resolving problems related to the process of school enrolment for students of immigrant descent;
      - To extend information for immigrant families about the Portuguese education system and how to enrol descendents of immigrants into that same system;
      - Recognition, certification and validation of immigrant qualifications in the scope of the “New Opportunities” initiative;
      - Collaboration of immigrant associations in promoting access to education for all children andyoung people of immigrant descent whatever their nature or immigrant status in the country;
      - To expand and encourage the training and research in the field of intercultural education;
      - To improve qualitative and quantitave data on cultural diversity in schools;
      - To promote the welcoming of foreign students both on their immediate arrival into Portugal and during their stay;
      - To publish an Information Guide for foreign students containing useful and necessary information for welcoming and integrating foreign university students;
      - To promote the education and the spreading of science as a factor of social integration.

      For the II Plan for Immigrant Integration covering the period 2010-2013 the "Education" area of intervention includes the measures (pp. 20-23):

      - Reinforcing Training in Intercultural Dialogue as part of Continuous Teacher Training, by strengthening continuous training in the form of short-term vocational training and training workshops organized by teacher training centres;
      - Defining and implementing recommendations for the constitution of balanced school classes and bringing school strategies into line for the welcoming of foreign students and descendents of immigrants;
      - Improve the collection of statistical data on cultural diversity in schools;
      - Diversification of offerings in education and training;
      - Integration of intercultural mediators in the school context as part of the “Educational Territories for Priority
      Intervention” (TEIP) programme;
      - Access by foreign students to social action support in school, at all levels of education;
      - Informing schools of intercultural teaching resources for intercultural and anti-racist education;
      - Dissemination of best practices in the welcoming, aid and integration of students who are descendents of immigrants;
      - Support for the welcoming and integration of foreign students and students who are descendents of immigrants in Portugal;
      - The “SEF goes to school” initiative - streamlining document regularization processes for immigrant minors
      attending state schools.

      The "Culture and Language" area of intervention also includes a measure conceived to consolidate the Portuguese as a Second Language programme, enforce the applicable legislation on Portuguese as a Second Language and increase awareness of the existence of courses in Portuguese as a Second
      Language targeted essentially to inform the people responsible for children’s education (p. 15).
       



      Source

      ACIDI (2007), I Plan for Immigrant Integration (2007-2009), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Consulte+a+versão+do+Plano+2007-2009+em+inglês+, Date of access: 26.01.2012.

      ACIDI (2010), II Plan for Immigrant Integration (2010-2013), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Consulte+a+versão+da+Plano+2010-2013+em+Inglês, Date of access: 26.01.2012.

      ACIDI, (2010), Relatório Final: I Plano para a Integração de Imigrantes (2007-2009), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Conheça+o+Relatório+Final+do+PII+%282007-2009%29, Date  of access: 26.01.2012.

      ECRI (2007), Third Report on Portugal, Strasbourg: Council of Europe, http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/PRT-CbC-III-2007-4-ENG.pdf, Date of access: 27.02.2012.

      MIPEX (2010), Migrant Policy Index III - Portugal, http://www.mipex.eu/portugal, Date od access: 27.02.2012.

      Groups affected/interested

      • Migrants
      • Roma & Travelers
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Victimisation in schools (bullying/harassment/racist violence) ?

      Victimisation in schools concerning bullying and harassment is a theme with growing attention in the public sphere and academic research, but there is no evidence of being a problem especially affecting migrants and ethnic minorities.

      Groups affected/interested

      • Migrants
      • Roma & Travelers
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-roma/ romaphobia

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Provision of option to learn mother language other than the majority's

      There is a programme for teaching Portuguese as a second language in the nacional official curricula, but there isn't a provision of option to learn mother language in schools. The four foreign languages included in the curricula are English, French, German and Spanish.

      Qualitative Info

      According to the Contribution from Portugal to the Annnual Report of the Fundamental Rights Agency of the European Union (2009) almost all Portuguese Roma have Portuguese as their maternal language. Other ethnic minorities, nammelly those resulting from recent immigration, don't have access to teaching in their minority language. The Ministry of Education has developed a program for teaching Portuguese as a second language, with the sons of recent immigrants in mind, nammelly those that come from non-portuguese speaking countries. But the aim is to adapt these students to learning in Portuguese, and not to teach them in their mother tongue.

      However, the guidelines document for the Portuguese as non-mother tongue in nacional curricula, delivered in 2005 and conceived under a programme for the integration of pupils which don't have Portuguese as mother tongue, includes a reference to support programmes for learning mother language and culture of origin outside the official school curricula.
       



      Source

      DGIDC, Português Língua Não Materna no currículo nacional, http://www.dgidc.min-edu.pt/outrosprojetos/index.php?s=directorio&pid=64&ppid=2http://www.dgidc.min-edu.pt/outrosprojetos/index.php?s=directorio&pid=64&ppid=2, Date of access: 27.02.2012.

      Dias, B. Ralha, T. and Silva, E. (2009), Complementary Data Collection - Contribution from Portugal to the Annual Report of the Fundamental Rights Agency of the European Union, Vienna: European Union Agency for Fundamental Rights.

      Groups affected/interested

      • Migrants
      • Roma & Travelers
      • Linguistic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-roma/ romaphobia

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Evidence of school segregation and/or policies of separate/distinct schooling of migrants

      There is some evidence of school segregation of migrants linked mainly with the housing segregation, which leads to urban areas of immigrants concentration both in neighbourhoods and schools.

      Qualitative Info

      The I Plano para a Integração de Imigrantes (PII, 2007-2009) [I Plan for Immigrant Integration] and the II Plano para a Integração de Imigrantes (PII, 2010-2013) [II Plan for Immigrant Integration] acknowledges this problem and adopted mesasures to combat the school segregation and concentration of migrants.

      The I Plan for Immigrant Integration included a measure to revise the criteria of the school network to guarantee well balanced classes with regard to the distribution of students coming from the same groups/neighbourhoods as well as suggesting school boards to take into consideration the needs of schools to have a balanced “ethnic make up” in classes (p. 16).

      The II Plan for Immigrant Integration covering the period 2010-2013 includes as measure: defining and implementing recommendations for the constitution of balanced school classes and bringing school strategies into line for the welcoming of foreign students and descendents of immigrants (p. 21).
       



      Source

      ACIDI (2007), I Plan for Immigrant Integration (2007-2009), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Consulte+a+versão+do+Plano+2007-2009+em+inglês+, Date of access: 26.01.2012.

      ACIDI (2010), II Plan for Immigrant Integration (2010-2013), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Consulte+a+versão+da+Plano+2010-2013+em+Inglês, Date of access: 26.01.2012.

      ACIDI, (2010), Relatório Final: I Plano para a Integração de Imigrantes (2007-2009), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Conheça+o+Relatório+Final+do+PII+%282007-2009%29, Date  of access: 26.01.2012.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Education
      • Anti-discrimination
      • Anti-racism
      See other countriesSee indicator history
    • Evidence of school segregation and/or policies of separate/distinct schooling of minorities

      Yes, there is some evidence of school segregation concerning Roma pupils.

      Qualitative Info

      The Third Report on Portugal published by the European Commission against Racism and Intolerance (ECRI) states that Roma communities still suffer from social exclusion and encounter difficulties in their dealings with the majority population, local authorities and law enforcement officials. Access to education is one of the identified problems.

      The ECRI report refers to the problem of Roma children faced with hostile reactions from parents of non-Roma children who do not wish Roma children to join their own children’s classes. The report presents as an example an incident widely reported in the press of the transfer of ten Roma children from a school in Teivas to a school in Rebordinho at the start of the 2003 school year. The children were transferred apparently in response to pressure from non-Roma parents in the first school. Placards were put up in the new school stating “No to Roma”. Nonetheless, the school officials reported the incident to the police and, according to the Alto Comissariado para a Imigração e Diálogo Cultural (ACIDI) [High Commission for Immigration and Intercultural Dialogue], the authorities did everything to ensure that the Roma children could attend their new school under acceptable conditions. The ECRI report also notes that according to non-governmental organisations and Roma representatives Roma culture is not yet sufficiently taught and promoted, especially in schools attended by Roma.

      According to the report Complementary Data Collection - Contribution from Portugal to the Annual Report of the Fundamental Rights Agency of the European Union (2009), more recently there was a case widely reported by the media of a class composed of Roma students. In March 2009 the board of a primary school in Barcelos was publicly accused of racial discrimination by the president of the local authority. The school had created a different class composed mainly of Roma children, aged between 9 and 19 years old (there were 17 Roma children in the class), who lived in a nearby Roma campsite. The Direcção Regional de Educação do Norte [Regional Board of Education of the North], which approved the creation of this class last year, qualified the practice as “positive discrimination”, a way to combat the risk of school early leaving and other assiduity problems and meet specific pedagogical needs. The claims of racism and racial discrimination by Roma organisations and SOS Racismo [SOS Racism] and the opposition parties demanded clarifications to the government. The Ministry of Education integrated the school in the governmental program Territórios Educativos de Intervenção Prioritária (TEIP) [Educational Areas of Priority interventions] as a form to improve their material and pedagogical conditions.
       



      Source

      Dias, B. Ralha, T. and Silva, E. (2009), Complementary Data Collection - Contribution from Portugal to the Annual Report of the Fundamental Rights Agency of the European Union, Vienna: European Union Agency for Fundamental Rights.

      ECRI (2007), Third Report on Portugal, Strasbourg: Council of Europe, http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/PRT-CbC-III-2007-4-ENG.pdf, Date of access: 27.02.2012.

      Groups affected/interested

      • Roma & Travelers
      • Ethnic minorities

      Type (R/D)

      • Anti-roma/ romaphobia

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
  • Health And Social Protection

    Immigrants seem to be more susceptible to tuberculosis and work accidents. Migrant women seem to be particularly vulnerable in accessing maternal and child healthcare. No legal obstacles exist on the access to public healthcare by migrants: all possessing residence permit can make their inscription, those in an irregular condition can also access with a document issued by the parish of residence. The Plan for Immigrant Integration adopts measures concerning healthcare services.

    • Is there evidence of increased morbidity rates for minority and migrant groups?

      There is some evidence of increased morbidity rates for migrant groups concerning certain health problems.

      Qualitative Info

      As refered in the Portuguese State of the Art Report issued in 2009 by the Information Network on Good Practice in Health Care for Migrants and Minorities in Europe (MIGHEALTHNET), according to the Fourth National Health Interview Survey - an instrument of assessment and observation of health, collecting population based data and generating estimations on the state of health and illness and respective determinants -, immigrants present a more favourable self-reported state of health in comparison to Portuguese citizens (62.8% classify their state of health as good or very good), show lower propensity to short term physical disability and experience a lower prevalence of chronic diseases (except for asthma). However, immigrants seem to be more susceptible to certain health problems and risk behaviour, namely malnutrition, high risk and/or early pregnancies, tuberculosis and work accidents.

      In the case of tuberculosis, it is known that in Portugal the incidence of the disease among 
immigrants is higher compared to the general population. It also generally acknowledged that immigrants are exposed to higher risk because they mostly come from countries showing high prevalence rates of the infection and many of them live in poor economic and social conditions. According to data presented in a paper published by the Portuguese Journal of Pulmonology, in 2003, the incidence of tuberculosis per 100 thousand inhabitants was 41 in the general population and 149 among the immigrant population, thus 3.6 times higher, with a total number of 324 cases. Geographically this situation had more expression in Lisbon (21%) and Setúbal (20%), with almost all of the patients coming from PALOP countries, particularly from Angola (3.5%) and Cape Verde (2.6%). However, there is also a considerable number of people infected with the disease coming from Guinea-Bissau, Saint Tomé and Prince and Mozambique. Most of these patients are men who have been residing in Portugal for more than 5 years (Rifes and Villar, 2003). Tuberculosis is also closely associated with HIV, being one of the more common opportunistic diseases.

      According to information supplied by health professionals and NGOs, there has been a positive evolution in Portugal in recent years in terms of access to information, means of prevention and tests on the part of immigrants, as well as access to treatment. The main problem identified was fear on the part of immigrants in using the services and treatments available, due to the stereotypes and stigma associated with this particular infection. Immigrants often failed to do tests and only consulted the health services when the disease reached a serious stage. Often, when they were informed of their health problem they missed medical consultations and/or the treatments.

      According to developed research, there is a higher frequency of low weight premature births from African origin mothers when compared to Portuguese mothers. The descents
 of immigrants tend do have higher foetal and neo-natal mortality and mothers suffer from more pathologies during pregnancy, namely infectious diseases. As stated in the Portuguese State of the Art Report of the Information Network on Good Practice in Health Care for Migrants and Minorities in Europe (MIGHEALTHNET), this last fact can be justified by their later attendance of pre-natal medical care.

      Regarding the immigrant workers vulnerability to have work accidents, according to data from the Authority for Work Conditions there was a slight reduction in the number of fatal work accidents between 2004 and 2008 (from 197 in the first year to 114 in the last). Of those, 45 occurred in civil construction companies, a sector in which more than 50% of fatal work accidents occur. The most frequent accidents involve Ukrainians, Angolans and Romanians.
       



      Source

      Fonseca, M . L., Silva, S., Esteves. A. e McGarrigle Jennifer (1999), Portuguese State of the Art Report, MIGHEALTHNET: Information Network on Good Practice in Health Care for Migrants and Minorities in Europe, http://mighealth.net/pt/images/0/00/Mighealthnet_SOAR_eng.pdf, Date of access: 17.02.2012.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Health and social protection
      See other countriesSee indicator history
    • Is there evidence of increased mortality rates for minority and migrant groups?

      There isn't evidence of increased mortality rates for minority and migrant groups.

      Groups affected/interested

      • Migrants
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Health and social protection
      See other countriesSee indicator history
    • Is there evidence of forced heatlhcare/intervention practices to minorities?

      No, there isn't evidence of forced healthcare/intervention practices to minorities.

      Groups affected/interested

      • Ethnic minorities

      Key socio-economic / Institutional Areas

      • Health and social protection
      See other countriesSee indicator history
    • Specific health issues such as diseases specific to particular groups

      Yes, there have been detected some health issues more prevalent among immigrants.

      Qualitative Info

      As refered in the Portuguese State of the Art Report issued in 2009 by the Information Network on Good Practice in Health Care for Migrants and Minorities in Europe (MIGHEALTHNET), according to the Fourth National Health Interview Survey - an instrument of assessment and observation of health, collecting population based data and generating estimations on the state of health and illness and respective determinants -, immigrants present a more favourable self-reported state of health in comparison to Portuguese citizens (62.8% classify their state of health as good or very good), show lower propensity to short term physical disability and experience a lower prevalence of chronic diseases (except for asthma). However, immigrants seem to be more susceptible to certain health problems and risk behaviour, namely malnutrition, high risk and/or early pregnancies, tuberculosis and work accidents.

      In the case of tuberculosis, it is known that in Portugal the incidence of the disease among 
immigrants is higher compared to the general population. It also generally acknowledged that immigrants are exposed to higher risk because they mostly come from countries showing high prevalence rates of the infection and many of them live in poor economic and social conditions. According to data presented in a paper published by the Portuguese Journal of Pulmonology, in 2003, the incidence of tuberculosis per 100 thousand inhabitants was 41 in the general population and 149 among the immigrant population, thus 3.6 times higher, with a total number of 324 cases. Geographically this situation had more expression in Lisbon (21%) and Setúbal (20%), with almost all of the patients coming from PALOP countries, particularly from Angola (3.5%) and Cape Verde (2.6%). However, there is also a considerable number of people infected with the disease coming from Guinea-Bissau, Saint Tomé and Prince and Mozambique. Most of these patients are men who have been residing in Portugal for more than 5 years (Rifes and Villar, 2003). Tuberculosis is also closely associated with HIV, being one of the more common opportunistic diseases.

      According to information supplied by health professionals and NGOs, there has been a positive evolution in Portugal in recent years in terms of access to information, means of prevention and tests on the part of immigrants, as well as access to treatment. The main problem identified was fear on the part of immigrants in using the services and treatments available, due to the stereotypes and stigma associated with this particular infection. Immigrants often failed to do tests and only consulted the health services when the disease reached a serious stage. Often, when they were informed of their health problem they missed medical consultations and/or the treatments.

      According to developed research, there is a higher frequency of low weight premature births from African origin mothers when compared to Portuguese mothers. The descents
 of immigrants tend do have higher foetal and neo-natal mortality and mothers suffer from more pathologies during pregnancy, namely infectious diseases. As stated in the Portuguese State of the Art Report of the Information Network on Good Practice in Health Care for Migrants and Minorities in Europe (MIGHEALTHNET), this last fact can be justified by their later attendance of pre-natal medical care.

      Regarding the immigrant workers vulnerability to have work accidents, according to data from the Authority for Work Conditions, there was a slight reduction in the number of fatal work accidents between 2004 and 2008 (from 197 in the first year to 114 in the last). Of those, 45 occurred in civil construction companies, a sector in which more than 50% of fatal work accidents occur. The most frequent accidents involve Ukrainians, Angolans and Romanians.
       



      Source

      Fonseca, M . L., Silva, S., Esteves. A. e McGarrigle Jennifer (1999), Portuguese State of the Art Report, MIGHEALTHNET: Information Network on Good Practice in Health Care for Migrants and Minorities in Europe, http://mighealth.net/pt/images/0/00/Mighealthnet_SOAR_eng.pdf, Date of access: 17.02.2012.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Health and social protection
      See other countriesSee indicator history
    • Differential access to social protection system and benefits - Do some or more categories of migrants minorities or stateless/non-citizens face limitations and restrictions?

      All immigrants possessing a residence permit can make their inscription in the National Health Service. Those in an irregular condition can also access health services if they present a document issued by the parish of their residence.

      Qualitative Info

      Although no legal obstacles exist on the access to public health services by immigrants, there may be some occasional doubts, by the staff of the National Health System, regarding the entitlement of immigrants to public health care. To put an end to the discriminatory treatment that such doubts may give rise to, the Direcção Geral de Saúde (DGS) [Health General Directorate] clarified that all immigrants possessing a residence permit can make their inscription in the National Health Service. Those in an irregular condition can also access health services if they present a document issued by the parish of their residence, testifying that they live there for longer then ninety days (not always easy to obtain). The latter have only access in cases of urgent and vital care, transmissible diseases, maternity and family planning and vaccination.
       



      Source

      Dias, B. Ralha, T. and Silva, E. (2009), Complementary Data Collection - Contribution from Portugal to the Annual Report of the Fundamental Rights Agency of the European Union, Vienna: European Union Agency for Fundamental Rights.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-roma/ romaphobia

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Health and social protection
      See other countriesSee indicator history
    • Do migrants have a higher risk of poverty than the rest of the population?

      According to European comparative data, in Portugal migrants seem to have a similar risk of poverty as the rest of the population. However, Portugal figures between the countries with the highest material deprivation rates in the case of non-EU migrants.

      Qualitative Info

      According to the research note Detailed Analysis of the Relative Position of Migrants developed under the Social Situation Observatory – Income distribution and living conditions (2010), which analyses the occurrence of risk-of-poverty and deprivation among the migrant population based primarily on the European Union Statistics on Income and Living Conditions (EU-SILC), compared to EU migrants there is at least a twofold difference in the at-risk-of-poverty of non-EU migrants in Portugal. However, the research note highlights that there is no significant additional poverty risk for non-EU born population in Portugal. The report presents the following at-risk-of-poverty rates among different migrant groups according to 2007 data (income year): 9.4% (EU migrants), 18.5% (non-EU migrants), 18.5% (local population).

      According to the research note, in contrast to the norm migrants seem to have a more favourable situation than the local population in a few countries, which are not typical destination countries. In Lithuania, Hungary, Poland and Portugal, the at-risk-of-poverty rates of both EU and non-EU migrants are lower than that of the local population. All of these countries have relatively small migrant groups, much below the EU average.

      In Portugal non-EU elderly migrants appear to have a much lower risk of poverty than local elderly. Regarding education, in Portugal the share of migrants with tertiary education is larger than that of the local population, holding for both EU and non-EU migrants.

      However, Portugal figures between the countries with the highest material deprivation rates in the case of non-EU migrants. According to the research note, there is weak relationship between average material deprivation across countries and the risk of poverty, reflecting the fact that the latter measures relative rather than absolute poverty. While material deprivation rates are defined at an EU level, poverty thresholds vary depending on the average level of national incomes, so some low-income countries may have low poverty rates, while a large share of the population may be materially deprived according to the universal EU standard. This would be the case in Portugal, according to the report.

      According to the report Indicators of Immigrant Integration - A Pilot Study developed by  Eurostat, in Portugal  the proportion of foreign born persons at risk of poverty after social transfers is lower than the proportion for the total population. This pilot study presents information for each Member State about common indicators of migrant integration in four main policy areas - employment, education, social inclusion and active citizenship - based on data available from the European Union Labour Force Survey (EU-LFS), the European Union Statistics on Income and Living Conditions (EU-SILC), Eurostat's migration statistics and the OECD's Programme for International Student Assessment (PISA).
       



      Sources

      Lelkes, O. (2007), Poverty Among Migrants in Europe, European Centre Policy Brief, http://www.euro.centre.org/data/1178099907_77304.pdf, Date of access: 24.02.2012.

      Lelkes, O., Zolyomi, E. (2010), Research Note 1/2010: Detailed analysis of the relative position of migrants, Social Situation Observatory – Income distribution and living conditions 2010, European Centre for the European Centre for Social Welfare Policy and Research, http://ec.europa.eu/social/BlobServlet?docId=6722&langId=en, Date of access: 24.02.2012.

      Kraszewska, K. (2011), Indicators of Immigrant Integration - A Pilot Study,  Eurostat Unit - Population, http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-RA-11-009/EN/KS-RA-11-009-EN.PDF, Date of access: 24.02.2012.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Employment - labour market
      • Health and social protection
      • Education
      • Integration - social cohesion
      See other countriesSee indicator history
    • Is there evidence that migrant or minority women are particularly vulnerable in accessing and receiving effective health care services?

      There is some evidence that migrant women are particularly vulnerable in accessing health care services in the areas of maternal and child health and sexual and reproductive health.

      Qualitative Info

      As refered in the Portuguese State of the Art Report issued in 2009 by the Information Network on Good Practice in Health Care for Migrants and Minorities in Europe (MIGHEALTHNET), according to the Fourth National Health Interview Survey - an instrument of assessment and observation of health, collecting population based data and generating estimations on the state of health and illness and respective determinants -, immigrants seem to be more susceptible to certain health problems and risk behaviour, namely high risk and/or early pregnancies.

      According to developed research, there is a higher frequency of low weight premature births from African origin mothers when compared to Portuguese mothers. The descendents
 of immigrants tend do have higher foetal and neo-natal mortality and mothers suffer from more pathologies during pregnancy, namely infectious diseases. As stated in the Portuguese State of the Art Report of the Information Network on Good Practice in Health Care for Migrants and Minorities in Europe (MIGHEALTHNET), this last fact can be justified by their later attendance of pre-natal medical care.
       



      Source

      Fonseca, M . L., Silva, S., Esteves. A. e McGarrigle Jennifer (1999), Portuguese State of the Art Report, MIGHEALTHNET: Information Network on Good Practice in Health Care for Migrants and Minorities in Europe, http://mighealth.net/pt/images/0/00/Mighealthnet_SOAR_eng.pdf, Date of access: 17.02.2012.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Health and social protection
      See other countriesSee indicator history
    • Are there policies and/or good practices accomodating culture/ traditions' respect in health care

      The Plano para a Integração de Imigrantes [Plan for Immigrant Integration] adopts several measures concerning the health area of intervention, including the promotion of immigrants access to health, improving health services, training schemes on interculturality for National Health Service (SNS) professionals and integrating immigrant professionals with degrees in medicine, among other policies and good practices.

      Qualitative Info

      The I Plano para a Integração de Imigrantes (PII, 2007-2009) [I Plan for Immigrant Integration] and the II Plano para a Integração de Imigrantes (PII, 2010-2013) [II Plan for Immigrant Integration] adopted several measures accross various policy areas, including health.

      For the I Plan for Immigrant Integration (2007-2009) the "Health" area of intervention included the measures (pp. 13-15):

      - To promote the carrying out of training, education and community schemes to combat the lack of information held by immigrants in relation to health services and to encourage them to use the National Health Service (MS/ ARS), at a local level and in conjunction with Health Centres;
      - To promote immigrant access to health services by stimulating promotional information schemes at a regional level and encouraging through sensitisation and education the highest number of immigrants to enrol in, and make appointments at, Health Centres on a wider national scale;
      - To stimulate the carrying out projects related to immigrants and health at a municipal level;
      - Access to health for foreign citizens without official status under the terms provided by law, through their enrolment in the National Health Service by presenting papers issued by ACIDI, I.P. as an alternative to proof of residence issued by local councils;
      - To implement the integration of Portuguese hospitals into the “Migrant Friendly Hospitals” European Network by way of improving both the services and the cultural organisations related to migrant populations;
      - Training schemes on interculturality for National Health Service (SNS) professionals with the aim of creating the intercultural and linguistic skills of health carers to improve the health of the immigrant and ethnic minority populations;
      - Programme for integrating immigrant professionals with degrees in medicine who can help answer the needs of the SNS, respond to the special needs of immigrant patients (e.g.
      with communication difficulties) as well as share in “inter-pares” training opportunities
      on interculturality;
      - To develop a Socio-Cultural Mediation Programme within the hospital and health centre network in regions with large numbers of immigrants with a view to facilitating access to health through linguistic and cultural means;
      - To develop partnerships between NGOs, the National Health Service and other organisations for promoting immigrant and ethnic minority access to health in Portugal by creating effective support mechanisms on questions of immigrants and ethnic minorities to facilitate developing the most suitable services rendered which meet the needs of immigrants (e.g. from the cultural and linguistic point of view) and assessing the needs, the impact of schemes and joint responsibility in the process of improving available services;
      - To publicise the conditions for access to health in the Consulates, of countries of origin, in Portugal and also in Portuguese.

      For the II Plan for Immigrant Integration covering the period 2010-2013 the "Health" area of intervention includes the measures (pp. 24-26):

      - Promoting access by immigrants to the national Health Service: Implementing strategies which reduce inequalities in the health system by providing the resources and introducing the measures which permit the health service to meetr to the needs of immigrants in accordance with the strategies to be established in the National Health Plan 2011-2016; informing immigrants of their rights and duties with regard to the National Health Service (SNS), including Law no. 33/2009 of 14 July which establishes the right to receive emergency treatment from the SNS and the information circular issued by the Directorate General for Health (12/DQS/DMD, of 7 May) on the access of immigrants to the SNS;
      - Training plan for intercultural skills of SNS employees by extending to all regional health authorities the Training Plan for Intercultural Skills previously implemented by the regional health authority of Lisboa e Vale do Tejo in conjunction with ACIDI; 
      - implementation of a migrant-friendly healthcare services programme by disseminating the international “Migrant-Friendly Hospital” in the National Health Service with the objective of improving services and organizational culture vis-à-vis the immigrant population; 
      - Developing partnerships for the promotion of immigrants’ access to healthcare in Portugal: empower communities for the creation of environments conducive to good
      health via the activation of a network of local partnerships and the establishment of new ones, involving different social actors ranging from public and private organizations to NGOs, civil, religious and social action associations and other sectors of society;
      - Institutionalization of procedures designed to improve the management of Health Agreements and facilitating access by immigrants and their companions to health services, namely the medical assistance process for patients evacuated from African Countries with Portuguese as an Official Language (PALOP), under the cooperation agreements in healthcare signed by Portugal and the PALOP countries. The Foreign Patient Assistance Programme (PADE) promoted by ACIDI in conjunction with the ISS provided a response to some of the problems faced in this area, and served as a resource for the welcoming and supervision of patients and the people accompanying them;
      - Investing in the promotion of mental health among immigrants via the National Mental Health Coordinating Office and in articulation with the National Council for Mental Health and with non-government bodies.

      The II Plan for Immigrant Integration also includes in the "Justice" area of intervention a measure for promoting foreign prisoners access to the National Health Service (p. 30).
       



      Source

      ACIDI (2007), I Plan for Immigrant Integration (2007-2009), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Consulte+a+versão+do+Plano+2007-2009+em+inglês+, Date of access: 26.01.2012.

      ACIDI (2010), II Plan for Immigrant Integration (2010-2013), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Consulte+a+versão+da+Plano+2010-2013+em+Inglês, Date of access: 26.01.2012.

      ACIDI, (2010), Relatório Final: I Plano para a Integração de Imigrantes (2007-2009), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Conheça+o+Relatório+Final+do+PII+%282007-2009%29, Date  of access: 26.01.2012.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Health and social protection
      • Culture
      See other countriesSee indicator history
  • Political & Civic Participation

    In Portugal migrants can't vote to national elections, having the right to vote and stand to local elections under Law no. 50/96 of 4th September. The right to vote and be elected is based in the existence of reciprocity conditions. The Plan for Immigrant Integration included an area concerning access to citizenship, political rights and civic participation which aims to encourage participation by promoting the registration of immigrants eligible for voting.

    • Outreach - encourage participation - Practical obstacles or problems for migrants in exercising their right to vote

      The Plano para a Integração de Imigrantes [Plan for Immigrant Integration] included an area concerning access to citizenship, political rights and civic participation which aims to encourage participation by promoting the registration of the immigrant population eligible for voting in elections.

      Qualitative Info

      The I Plano para a Integração de Imigrantes (PII, 2007-2009) [I Plan for Immigrant Integration] and the II Plano para a Integração de Imigrantes (PII, 2010-2013) [II Plan for Immigrant Integration] adopted several measures accross various policy areas, including access to citizenship, political rights and civic participation.

      For the I Plan for Immigrant Integration (2007-2009) the "Access to Citizenship and Political Rights" area of intervention included the measures (pp. 36-37):

      - Promoting a campaign to publish the new Nationality Law and to create a network to help with instructing legal processes in applying for and acquiring nationality;
      - Implementing a scheme to promote the census of all immigrants eligible for participation in local authority elections and an appeal for electoral participation of immigrants who are now able to politically take part in Portuguese society;
      - Promoting a study of the Immigration Observatory and subsequent public debate about the political participation of long term resident immigrants.

      For the II Plan for Immigrant Integration covering the period 2010-2013 the "Access to Citizenship and Civic Participation" area of intervention includes the measure (p. 32):

      - Promoting the registration of the immigrant population eligible for voting in elections by reinforcing services to immigrant citizens via the creation of a Voter Registration Office.
       



      Source

      ACIDI (2007), I Plan for Immigrant Integration (2007-2009), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Consulte+a+versão+do+Plano+2007-2009+em+inglês+, Date of access: 26.01.2012.

      ACIDI (2010), II Plan for Immigrant Integration (2010-2013), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Consulte+a+versão+da+Plano+2010-2013+em+Inglês, Date of access: 26.01.2012.

      ACIDI, (2010), Relatório Final: I Plano para a Integração de Imigrantes (2007-2009), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Conheça+o+Relatório+Final+do+PII+%282007-2009%29, Date  of access: 26.01.2012.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Political participation
      • Integration - social cohesion
      See other countriesSee indicator history
  • Public Life, Culture, Sport & Media

    There aren't restrictions of the freedom of peaceful assembly and association for migrants or minorities.
    There isn't evidence of legal obstacles in manifesting religion. In 2001 was created the Commission of Religious Freedom.
    There aren't legal restrictions preventing migrants or minorities in sport, at professional level in some sports there may be limitations in the number of foreigners. Hate speech is ground for sanctions to sport clubs.

    • Is self-identification of individuals/groups a criterion for recognition and respect of minority or ethnic cultural linguistic religious groups' rights by the state/government?

      Public authorities in Portugal do not recognise the existence of national or ethnic minorities, except for the Roma.

      Qualitative Info

      There are no officially recognised national or ethnic minorities in Portugal, and there are no institutionalised fora for communication between majority and minority communities. Public authorities in Portugal do not recognise the existence of national minorities, as was made clear in the answers to the Advisory Committee of the Framework Convention for the Protection of National Minorities. But the existence of an ethnic minority, the Roma, is recognised, and a cabinet was created, within the Alto Comissariado para a Imigração e Diálogo Intercultural (ACIDI) [High Commission for Immigration and Intercultural Dialogue] to promote Roma culture, traditions, identity and rights, the Gabinete de Apoio à Comunidade Cigana [Cabinet for Roma Communities Support] (GACI), with its own website.
       



      Source

      Dias, B. Ralha, T. and Silva, E. (2009), Complementary Data Collection - Contribution from Portugal to the Annual Report of the Fundamental Rights Agency of the European Union, Vienna: European Union Agency for Fundamental Rights.

      Council of Europe (2009), Second Report Submitted by Portugal Pursuant to Article 25, Paragraph 1 of the Framework Convention for the Protection of National Minorities, p. 2. http://www.coe.int/t/dghl/monitoring/minorities/3_FCNMdocs/PDF_2nd_SR_Portugal_en.pdf, Date of access: 24.02.2012.

      GACI, http://www.ciga-nos.pt/, Date of access: 24.02.2012.

      Groups affected/interested

      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities

      Type (R/D)

      • Religious intolerance
      • Inter-ethnic
      • Anti-roma/ romaphobia

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Culture
      • Anti-discrimination
      • Religion
      See other countriesSee indicator history
    • Association: are there restrictions of the freedom of peaceful assembly, and freedom of association for migrants

      There aren't restrictions of the freedom of peaceful assembly and freedom of association for migrants.

      Qualitative Info

      Article 13 of the Portuguese Constitution, on the Principle of Equality, prohibits discrimination on the grounds of ancestry, sex, race, language, country of origin, religion, political or ideological convictions, education, economic situation, social condition or sexual orientation. Article 15, on Aliens and Stateless Persons, states that aliens and stateless persons staying or residing in Portugal enjoy the same rights and are subject to the same duties as Portuguese citizens, except for political rights, to the performance of public duties that are not predominantly technical, or to rights and duties restricted to Portuguese citizens under the Constituttion and by law.

      Article 46 of the Portuguese Constitution, on Freedom of Association, states that citizens have the right to form associations freely and without requiring any authorization provided such associations are not intended to promote violence and their objectives are not contrary to the criminal law. Associations may pursue their objectives freely without interference by any public authority. They cannot be dissolved by the State and their activities may not be suspended except by judicial decision in the cases provided by law.
       



      Source

      Constitution of the Portuguese Republic (2005, seventh revision), http://www.parlamento.pt/Legislacao/Documents/Constitution7thRev2010EN.pdf, Date of access: 24.02.2012.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Integration - social cohesion
      See other countriesSee indicator history
    • Association: are there restrictions of the of the freedom of peaceful assembly, and freedom of association for minorities

      There aren't restrictions of the freedom of peaceful assembly and freedom of association for minorities.

      Qualitative Info

      Article 13 of the Portuguese Constitution, on the Principle of Equality, prohibits discrimination on the grounds of ancestry, sex, race, language, country of origin, religion, political or ideological convictions, education, economic situation, social condition or sexual orientation. Article 15, on Aliens and Stateless Persons, states that aliens and stateless persons staying or residing in Portugal enjoy the same rights and are subject to the same duties as Portuguese citizens, except for political rights, to the performance of public duties that are not predominantly technical, or to rights and duties restricted to Portuguese citizens under the Constituttion and by law.

      Article 46 of the Portuguese Constitution, on Freedom of Association, states that citizens have the right to form associations freely and without requiring any authorization provided such associations are not intended to promote violence and their objectives are not contrary to the criminal law. Associations may pursue their objectives freely without interference by any public authority. They cannot be dissolved by the State and their activities may not be suspended except by judicial decision in the cases provided by law.
       



      Source

      Constitution of the Portuguese Republic (2005, seventh revision), http://www.parlamento.pt/Legislacao/Documents/Constitution7thRev2010EN.pdf, Date of access: 24.02.2012.

      Groups affected/interested

      • Refugees
      • Roma & Travelers
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Integration - social cohesion
      See other countriesSee indicator history
    • Religion: Persons belonging to minorities face legal and practical obstacles in exercising or manifesting their religion or belief?

      There is no evidence that persons belonging to minorities face legal obstacles in exercising or manifesting their religion or belief.

      Qualitative Info

      Article 13 of the Portuguese Constitution, on the Principle of Equality, prohibits discrimination on the grounds of ancestry, sex, race, language, country of origin, religion, political or ideological convictions, education, economic situation, social condition or sexual orientation. Article 41 on Freedom of Conscience, of Religion and of Form of Worship states that:

      1. The freedom of conscience, of religion and of form of worship is inviolable.  
      2. No one may be persecuted, deprived of rights or exempted from civic obligations or duties because of his convictions or religious observance. 
      3. No authority may question anyone in relation to his convictions or religious observance, save in order to gather statistical data that cannot be individually identified, nor may anyone be prejudiced in any way for refusing to answer.
      4. Churches and other religious communities are separate from the state and are free to organise themselves and to exercise their functions and form of worship.
      5. The freedom to teach any religion within the ambit of the religious belief in question and to use the religion’s own media for the pursuit of its activities is guaranteed.
      6. The right to be a conscientious objector, as laid down by law, is guaranteed.

      The Comissão da Liberdade Religiosa (CLR) [Commission of Religious Freedom] was created in 2001 through the Law on Religious Freedom (Law no. 16/2001 of 22nd of June), which states the principle of freedom of conscience, religion and form of worship and the principle of equality and non-discrimination based on religion and belief.
       



      Source

      Constitution of the Portuguese Republic (2005, seventh revision), http://www.parlamento.pt/Legislacao/Documents/Constitution7thRev2010EN.pdf, Date of access: 24.02.2012.

      Law on Religious Freedom (2001) in Diário da República - I Série-A, no. 134 - 22 June 2001,http://www.clr.mj.pt/sections/legislacao/lei-da-liberdade1767/lei-da-liberdade7214/downloadFile/file/Lei16_de_2001.pdf?nocache=1270033008.98, Date of access: 24.02.2012.

      Groups affected/interested

      • Religious minorities

      Type (R/D)

      • Religious intolerance

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Religion
      See other countriesSee indicator history
    • Media: Are there positive measures for promoting or restrictions for Migrant and minority media?

      The Observatório da Imigração (OI) [Immigration Observatory] promoted a study on the organisational dynamic of ethnic communication media in Portugal and on the ethnic communication media present in the country. The Plano para a Integração de Imigrantes [Plan for Immigrant Integration] adopts several measures concerning the media area of intervention, including promoting cultural and religious diversity in the media.

      Qualitative Info

      The study Ethnic communication media in Portugal, developed by Isabel Câmara Salim under the Observatório da Imigração (OI) [Immigration Observatory], seeks to understand the organisational dynamic of ethnic communication media in Portugal, their functions and which positive contributions they offer for the immigrant communities. The study refers the importance of ethnic media as a source of approximation for the immigrant community, the role of information as a form of integration, the role of migrant media as a means of relationship with the country and culture of origin and also as a means of demanding rights.
       
      The I Plano para a Integração de Imigrantes (PII, 2007-2009) [I Plan for Immigrant Integration] and the II Plano para a Integração de Imigrantes (PII, 2010-2013) [II Plan for Immigrant Integration] adopted several measures accross various policy areas, including media.

      For the I Plan for Immigrant Integration (2007-2009) the "Media" area of intervention included the measures (pp. 33-34):

      - To encourage the development of self regulatory mechanisms in the media, based upon ethical practice and professional deontology: development of self regulatory mechanisms that cover the domain of news about immigration by way of countering the perverse effects of inciting racism and xenophobia which the media can generate; appeal for the application of a standard rule that people are not to be identified neither by nationality nor by ethnic origin except when it is needed to explain news content;
      - Nurturing cultural diversity in the media: stimulate the media to programming/information that demonstrates the existence of cultural diversity in Portuguese society, placing importance upon the cultural and linguistic expression in the resident migrant communities in Portugal.

      For the II Plan for Immigrant Integration covering the period 2010-2013 the "Promotion of Diversity and Intercultural Dialogue" area of intervention includes two measures concernig media (pp. 38-39):

      - Incentives for the development of self-regulation mechanisms in the media, structured around codes of professional ethics: providing incentives for the development of self-regulation mechanisms for
      media coverage of immigration issues, with the objective of countering the perverse effects which the xenophobia induced by certain manners of presenting news can generate in public opinion; distributing relevant documentation produced by international organizations (the European Union, Council of Europe and UNESCO) among the principal epresentatives of the media sector;
      - Promoting cultural and religious diversity in the media: urge the media to dedicate air time to programmes and information which examine the cultural and religious diversity of Portuguese society, projecting a positive image of the cultural and linguistic expression of immigrant cultures with communities in Portugal; develop information and training initiatives on intercultural dialogue, immigration and diversity with media professionals.
       



      Source

      ACIDI (2007), I Plan for Immigrant Integration (2007-2009), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Consulte+a+versão+do+Plano+2007-2009+em+inglês+, Date of access: 26.01.2012.

      ACIDI (2010), II Plan for Immigrant Integration (2010-2013), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Consulte+a+versão+da+Plano+2010-2013+em+Inglês, Date of access: 26.01.2012.

      ACIDI, (2010), Relatório Final: I Plano para a Integração de Imigrantes (2007-2009), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Conheça+o+Relatório+Final+do+PII+%282007-2009%29, Date  of access: 26.01.2012.

      Salim, I. C. (2008), Os Meios de Comunicação Étnicos em Portugal: Dinâmica Organizacional dos Media das Comunidades Imigrantes, Lisboa: ACIDI/Observatório da Imigração, http://www.oi.acidi.gov.pt/docs/Estudos_OI/OI_29.pdf, Date  of access: 24.02.2012.

      Groups affected/interested

      • Migrants
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Media
      See other countriesSee indicator history
    • Media: Are there positive measures for promoting or restrictions for minority and lesser used language in the media?

      The Plano para a Integração de Imigrantes [Plan for Immigrant Integration] adopts several measures concerning the media area of intervention, including promoting cultural and religious diversity in the media and stimulating the media to programming/information that demonstrates the cultural and linguistic expression in the resident migrant communities in Portugal.

      Qualitative Info

      According to the Contribution from Portugal to the Annnual Report of the Fundamental Rights Agency of the European Union 2009 there are media in other languages in Portugal, nammelly in Russian, and there is no report or complaint so far against any hindrance to their publication. Also, the report states that there is no evidence that public service broadcasting provides informational, educational, cultural and entertainment programming in any minority language. But there is also no evidence that the use of any specific language is prohibited in public broadcasting or in the media in general.

      The I Plano para a Integração de Imigrantes (PII, 2007-2009) [I Plan for Immigrant Integration] and the II Plano para a Integração de Imigrantes (PII, 2010-2013) [II Plan for Immigrant Integration] adopted several measures accross various policy areas, including media.

      For the I Plan for Immigrant Integration (2007-2009) the "Media" area of intervention included the measures (pp. 33-34):

      - To encourage the development of self regulatory mechanisms in the media, based upon ethical practice and professional deontology: development of self regulatory mechanisms that cover the domain of news about immigration by way of countering the perverse effects of inciting racism and xenophobia which the media can generate; appeal for the application of a standard rule that people are not to be identified neither by nationality nor by ethnic origin except when it is needed to explain news content;
      - Nurturing cultural diversity in the media: stimulate the media to programming/information that demonstrates the existence of cultural diversity in Portuguese society, placing importance upon the cultural and linguistic expression in the resident migrant communities in Portugal.

      For the II Plan for Immigrant Integration covering the period 2010-2013 the "Promotion of Diversity and Intercultural Dialogue" area of intervention includes two measures concernig media (pp. 38-39):

      - Incentives for the development of self-regulation mechanisms in the media, structured around codes of professional ethics: providing incentives for the development of self-regulation mechanisms for
      media coverage of immigration issues, with the objective of countering the perverse effects which the xenophobia induced by certain manners of presenting news can generate in public opinion; distributing relevant documentation produced by international organizations (the European Union, Council of Europe and UNESCO) among the principal epresentatives of the media sector;
      - Promoting cultural and religious diversity in the media: urge the media to dedicate air time to programmes and information which examine the cultural and religious diversity of Portuguese society, projecting a positive image of the cultural and linguistic expression of immigrant cultures with communities in Portugal; develop information and training initiatives on intercultural dialogue, immigration and diversity with media professionals.
       



      Source

      ACIDI (2007), I Plan for Immigrant Integration (2007-2009), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Consulte+a+versão+do+Plano+2007-2009+em+inglês+, Date of access: 26.01.2012.

      ACIDI (2010), II Plan for Immigrant Integration (2010-2013), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Consulte+a+versão+da+Plano+2010-2013+em+Inglês, Date of access: 26.01.2012.

      ACIDI, (2010), Relatório Final: I Plano para a Integração de Imigrantes (2007-2009), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Conheça+o+Relatório+Final+do+PII+%282007-2009%29, Date  of access: 26.01.2012.

      Dias, B. Ralha, T. and Silva, E. (2009), Complementary Data Collection - Contribution from Portugal to the Annual Report of the Fundamental Rights Agency of the European Union, Vienna: European Union Agency for Fundamental Rights.

      Groups affected/interested

      • Migrants
      • Ethnic minorities
      • Linguistic minorities

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Media
      See other countriesSee indicator history
    • Sport: Effective participation of migrants in sport

      There are no important legal restrictions preventing migrants to effectively participate in sport. At professional level and in some sports there may be some limitations in the total number of foreigners per team.

      Qualitative Info

      In some cases like in football, handball and basketball professional leagues some limitations exist as to the number of foreign (third countries) allowed to participate in national competitions.

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Sport
      See other countriesSee indicator history
    • Sport: Effective participation of minorities in sport

      There is no data on the effective participation of minorities in sports.

      Qualitative Info

      Minorities face no legal obstacles in participating in sports.

      Groups affected/interested

      • Ethnic minorities

      Key socio-economic / Institutional Areas

      • Sport
      See other countriesSee indicator history