Portugal - 2011
Is there provision within anti-discrimination legislation/practice forfinancial compensation/restitution of rights and are these applied in practice?
- Code:
- RED17
- Key Area:
- Anti-discrimination Legislation & Implementation
- Strand(s):
- Discrimination, Equality
| Short Answer |
Yes, there is provision eihin anti-discrimination legislation for financial conpensation of rights. |
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| 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. |
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| Groups affected/interested | Migrants, Ethnic minorities | |
| Type (R/D) | Anti-migrant/xenophobia, Inter-ethnic | |
| Key socio-economic / Institutional Areas | Anti-discrimination | |
| External Url | ||
| Situation(s) |
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| Library |
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| Short Answer |
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:
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| Groups affected/interested | Migrants, Ethnic minorities | |
| Type (R/D) | Anti-migrant/xenophobia, Inter-ethnic | |
| Key socio-economic / Institutional Areas | Anti-discrimination | |
| External Url | ||
| Situation(s) |
|
|
| Library |
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