Indicator history

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 [Commission for Equality and Against Racial Discrimination] and the Alto-Comissariado para a Imigração e Minorias Étnicas [High Commission for Immigration and Ethnic Minorities]. Individual complainants 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.

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:

• European Network of Legal Experts in the Non-discrimination Field, 08.02.2011, Portugal 2009 – Country report on measures to combat discrimination,  http://non-discrimination.net/content/media/2009%20-%20FR%20-%20PT%20Country%20Report%20Summary_final.pdf, Accessed. on 14.2.2013.