Indicator history

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 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.

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:

• European Network of Legal Experts in the Non-discrimination Field, 08.11.2012, Portugal 2011 – Country report on measures to combat discrimination, http://www.non-discrimination.net/content/media/2011-PT-%20Country%20Report%20LN_final.pdf, Accessed 22.01.2013.