GDDC | Direitos Humanos: Sistema Europeu de Protecção dos Direitos Humanos: Portugal e os Direitos Humanos

Relatórios Apresentados por Portugal aos Órgãos de Controlo da Aplicação dos Tratados das Nações Unidas em Matéria de Direitos Humanos*

Third periodic report : Portugal. 22/05/98. E/1994/104/Add.20. (State Party Report)

IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Third periodic reports submitted by States parties under articles 16 and 17 of the Covenant

Addendum*

PORTUGAL**

* The second periodic reports concerning rights covered by articles 1 to 15 submitted by the Government of Portugal (E/1990/6/Add.6 and E/1990/6/Add.8) were considered by the Committee on Economic, Social and Cultural Rights at its twelfth session (see E/C.12/1995/SR.7, 8, 10 and 27) and at its fifteenth session (see E/C.12/1996/SR.31-33 and 54), respectively.

** The information submitted by Portugal in accordance with the guidelines concerning the initial part of reports of States parties is contained in the core document (HRI/CORE/1/Add.20).

* The annexes and charts relating to this report are available for consultation in the secretariat of the Office of the High Commissioner for Human Rights.

1. Portugal ratified the International Covenant on Economic, Social and Cultural Rights in 1978 (Act No. 48/78 of 11 July; the applicability of the Covenant was extended to Macao under Parliament resolution No. 41/92 of 31 December), thereby demonstrating the country's firm determination to implement the provisions of that international legal instrument.

2. As stated in previous reports, this commitment is also reflected in the Portuguese Constitution, through its recognition of economic, social and cultural rights and duties, in section III of the part relating to fundamental rights and duties. Under article 8 of the Constitution, the provisions of properly ratified or confirmed international conventions produce effects at the domestic level once they have been officially published, provided that they are binding on the Portuguese State at the international level. This is the case of the Covenant, which, following its approval and ratification, entered into force in the Portuguese legal system on the same footing as national provisions.

3. The third periodic report of Portugal is the result of extensive consultations with the competent ministerial departments involved in the definition and implementation of policies designed to ensure the realization of the economic, social and cultural rights enshrined in the Covenant. These departments had already taken part in the preparation of the previous report and were represented by the delegation that introduced the report to the Committee on Economic, Social and Cultural Rights in May 1995. The present report will be published on the Internet sites of the Bureau of Documentation and Comparative Law of the Office of the Attorney-General / Website: http://www.gddc.pt./ and of the Ministry of Foreign Affairs. / Website: http:/www.min-nestrangeiros.pt./

4. The multidisciplinary and multidepartmental commission whose work was coordinated by that Bureau was made up of the ministers for foreign affairs, finance, education, science and technology, solidarity and social security, health, training and employment and justice, as well as the Commission on the Equality and Rights of Women and the State Heritage and Housing Institute. This close cooperation has undoubtedly played a major role in strengthening institutional links among the various bodies, thereby contributing to the multidisciplinary consideration of policies, ensuring greater familiarity with the situation in Portugal in the fields covered by the Covenant and paving the way for continuous follow-up and the more effective evaluation of progress made in implementing the Covenant.

5. This report has been prepared in accordance with the Committee's guidelines. After it is considered by the Committee, it will be published together with the corresponding summary records and the Committee's concluding observations. This is Portugal's usual practice for the reports submitted in accordance with United Nations human rights conventions.

6. During its consideration of the preceding report, the Committee identified subjects of concern in its concluding observations relating to the situation in Portugal and subsequently formulated recommendations and suggestions for future action by the State party. The subjects considered by the Committee were persistent de facto discrimination with regard to equal treatment at work and equal remuneration, the failure of the minimum wage to keep pace with economic growth and the need to increase access by young people to secondary and higher education. This report deals in detail with each of these questions in the respective chapters. An overview is, however, provided in the introduction.

I. INTRODUCTORY COMMENTS ON THE SUBJECTS OF CONCERN REFERRED TO BY THE COMMITTEE IN ITS CONCLUDING OBSERVATIONS ON THE PRECEDING REPORT OF PORTUGAL

7. Although job discrimination still exists between men and women in Portugal, there is also a strong resolve to combat it. First of all, an in-depth study was conducted by the Commission on Equality in Employment (CITE) on the professional situation of women government workers. The study confirms the existence of discrimination against women in terms of level of posts and promotions. The same study, however, also reflects the Government's effort to promote women's participation through training courses in order to reduce inequality. Recognition of existing problems and difficulties is the first step towards improving the situation and eliminating job discrimination. Secondly and even though this trend will take time to be confirmed, a reduction in the wage gap between men and women in general has already been noted. / See annex 1 to this report./

8. The present Government has also named a High Commissioner for the Promotion of Equality and the Family, one of whose mandates is "to contribute to real equality between men and women (...) by proposing policies (...) intended to eliminate discrimination" (see comments on article 3, below).

9. According to data provided by the Ministry for Training and Employment, the increase in the minimum monthly wage has not always taken inflation into account. In recent years, particularly 1993 and even more so in 1994, the real value of the minimum monthly wage fell. However, a readjustment and reversal of the situation / For statistical data on this subject, see annex 2 to this report./ were reported during the following three years (1995, 1996 and 1997).

10. Reference should be made in this regard to the Government's effort to increase the number of scholarships, the increase in State financial assistance to higher private and cooperative education, the Portuguese Catholic University and higher public education, as well as an ongoing effort to ensure more equal access by specific groups of society to higher education. One example is the special 1 per cent quota (in each institution of higher education) for disabled students, the quota of 7 per cent (of the total number of places in higher education) and the waiver of the entrance exam for emigrant students and their families and the elimination of the limit on the number of places set aside in higher education for students from East Timor. Between the 1995/96 and 1996/97 school years, the number of students in higher education rose and there was a 7 per cent increase in enrolment in higher public education and a 9.7 per cent increase in enrolment in higher private education.

II. OTHER IMPORTANT MEASURES

11. This report summarizes recent steps taken by Portugal to implement the Covenant. Some of these steps are part of a broader context for the promotion and protection of human rights and constitute follow-up and reaffirmation of the overall framework, as reflected in Portugal's core document (HRI/CORE/1/Add.20). Some of these measures are highlighted below.

A. The right of peoples to self-determination

12. Article 7, paragraph 1, of the Portuguese Constitution enshrines the right of peoples to self-determination and independence as a fundamental principle of international relations. According to article 293 of the Constitution, Portugal remains bound by its responsibilities under international law to promote and guarantee the right to self-determination and independence of East Timor.

13. In this connection, one of the elements of the Government's programme concerning East Timor provides that "Portuguese foreign policy, as it relates to East Timor, is aimed at creating the conditions for the free exercise of the right to self-determination and at alleviating the suffering of the people of Timor". After listing various measures to be taken by the Ministry of Foreign Affairs in this regard (such as continuing the policies of awareness-raising as to the problems of Timor, especially within the framework of the United Nations and the European Union, and the diplomatic negotiations with Indonesia under the auspices of the Secretary-General), the programme states that Portugal has no claims to East Timor and that, accordingly, it has no preconceived notion of the future of the territory. It is up to the Timorese people to take their decision on this matter and on its political status in complete freedom and entirely democratically, in conformity with international law.

14. In relation to the question of East Timor and the right of the people of Timor to self-determination, the State of Portugal filed a complaint against Australia before the International Court of Justice, requesting it to declare that the Treaty of 1989 between Australia and Indonesia concerning the "Timor Gap" is contrary to international law, as it infringes the right of the people of Timor to self-determination (within the framework of the right of peoples to their natural resources), as well as the legitimate interests of the people of Timor. The Treaty of the Timor Gap divides the area of the continental shelf between Australia and Indonesia without taking account of the rights of Timor. In this context, Portugal requests the Court to declare that "first, the rights of the people of East Timor to self-determination, to territorial integrity and unity and to permanent sovereignty over its wealth and natural resources and, secondly, the duties, powers and rights of Portugal as the administering Power of the Territory of East Timor are opposable to Australia, which is under an obligation not to disregard them, but to respect them" and also that Australia "has infringed and is infringing the right of the people of East Timor to self-determination, to territorial integrity and unity and its permanent sovereignty over its natural wealth and resources and is in breach of the obligation not to disregard, but to respect that right, that integrity and that sovereignty". / In East Timor (Portugal v. Australia), judgment, I.C.J. Reports 1995, p. 94./

B. Dissemination and transparency

15. The creation of Internet sites on the various ministries is a general policy of the present Government. On these sites, citizens can find updated information on the ministries' activities, draft legislation and statistics on such topics as unemployment and wage levels.

16. Another wide-ranging project, INFOCID, has also been put on an Internet site.

This project grew out of the work and cooperation of some 40 departments representing almost all the ministries. INFOCID is an integrated global system using multimedia technology (text, image, sound and motion) to allow easy, free access to information through the Internet or "kiosks" set up on streets in several Portuguese cities; 13 such kiosks have already been opened in Lisbon and 38 in the rest of the country.

17. Through INFOCID, citizens can access administration documents considered important by the various ministries. These documents deal with the modernization and quality of public services, the State budget, organizational charts of the administration, links with the Portuguese Constitution and government programmes, among others. Information on INFOCID covers the following areas:

18. Portugal ratified the Treaty of Accession to the European Communities in 1985 and became a member State on 1 January 1986. At that time, the Portuguese economy was coping with major macroeconomic imbalances, with serious distortions in both commodity markets and factors of production and with grave structural weaknesses. A high rate of inflation, a high unemployment rate, a significant public sector deficit, a production sector characterized by a high level of protectionism and the inefficiency of many industries, underdeveloped financial markets and the rigid regulation of the labour market are some of the more obvious aspects of the precarious economic situation of the time.

19. Economic integration represented both an opportunity and a challenge for Portugal. Obviously, it meant a chance to modernize the industrial structure and to liberalize and open up the economy. Integration provided access to a wide range of Community programmes which are grouped under Community support structures and helped to overcome Portugal's infrastructural weaknesses and to improve the nation's human and capital resources. The employment structure changed significantly. Services accounted for more than 56 per cent of all jobs in 1996, while the primary sector has shrunk by 12 per cent since 1985.

20. Since joining the European Union, Portugal has made remarkable economic progress marked by gradual integration into the global economy, the opening of protected sectors, progress in the structural transformation of the economy and increasing development of the financial sector. Thanks to this progress, the Portuguese economy has seen increased modernization and significant expansion. As a result, per capita gross domestic product (GDP), measured in purchasing power parity, grew from about 50 per cent of the Community average in 1985 to some 70 per cent in 1996. In United States dollar terms and measured in purchasing power parity, per capita GDP rose from US$ 5,300 in 1989 to US$ 10,500 in 1995. Also in terms of purchasing power parity, GDP increased from US$ 85.1 billion in 1989 to US$ 123.5 billion in 1995.

Progress in real convergence

Relative per capita GDP
(European Union parity: 15=100)

21. GDP grew significantly, by more than 4.5 per cent on average between 1985 and 1990, or some 1.5 percentage points above the Community average.

Sources: (1) Up to 1991, National Statistical Institute; from 1992 to 1996, the estimates are from the Ministry of Finance.

22. Inflation fell from 13.4 per cent in 1990 to 3.1 per cent in 1996 and, by comparison with inflation in the European Union, it dropped by about 7 per cent in 1990 to 0.6 per cent in 1996.

TABLE 3

Inflation

(Percentage change according to the Consumer Price Index)

B. Exchange rates and interest rates

23. In 1990, the Portuguese authorities adopted a strategy for stabilizing exchange rates that contributed to the drop in inflation. In October 1990, the "crawling peg" system, which had been in use since 1977, was abandoned and the Portuguese escudo began to follow the European Monetary System (EMS). In April 1992, the escudo officially became a part of the EMS (with a 6 per cent margin) and all capital controls then in existence were completely dismantled by the end of that year. In the process of pegging itself to other currencies, the central parity of the escudo was devalued three times. Despite the readjustments, it has demonstrated remarkable stability, particularly since the most recent readjustment in March 1995.

24. The exchange rate policy has been clearly successful in terms of price stability. Furthermore, the volatility of short-term interest rates declined significantly and the level of interest rates, both short-term and medium-term, moved downwards. At present, long-term interest rates are slightly below 6 per cent, or 0.5 per cent more than the equivalent German rates. In conformity with the disinflation process, nominal wage growth dropped from about 14 per cent in 1990 to 4.5 per cent in 1996. The flexibility of real wages is another characteristic of the Portuguese labour market and wages have thus risen quite moderately since 1991.

25. Direct public debt rose from about 40 per cent of GDP in 1980 to some 67 per cent in 1985; this level is well above the average, although it is not the highest among the member States of the Organization for Economic Cooperation and Development (OECD). In 1990, it stood at 62 per cent and grew to some 68 per cent in 1995. The gross debt of the public administration system (SPA) was 66.3 per cent of GDP in 1995 and is expected to fall to 63 per cent this year. The amount of public debt recovered through privatizations in 1996 was 1.7 per cent of GDP, as compared to 0.75 per cent in 1995. The global deficit of the SPA fell from more than 6 per cent of GDP in 1993 to 3.2 per cent in 1996. For 1997, the budget deficit has been targeted at 2.9 per cent of GDP. From the available data, it appears that this goal may be achieved.

26. The current account almost balanced in 1995 (-0.7 per cent of GDP) and increased in 1996 to 2.5 per cent due to higher rates of payments, unfavourable terms of trade and a drop in unilateral private transfers. Nonetheless, the basic balance remained strong. External debt fell from 26 per cent of GDP in 1990 to 15 per cent in 1996. The nation has been a net creditor since 1990.

27. The overall performance of the Portuguese labour market has been positive. It reflected the dynamics of the economic cycle, performing well during the economic growth of the second half of the 1980s, but was affected by the cyclical deterioration in the first half of the 1990s and the restructuring process initiated on the domestic market.

28. Between 1985 and 1991, the labour force grew at an annual rate of 1.3 per cent, mainly due to a significant rise in the participation rate, from 46.2 per cent in 1985 to 49.2 per cent in 1991. This trend basically reflects greater participation by women - 57.2 per cent - approaching the highest levels of the Nordic countries.

29. Employment grew by 2.2 per cent annually during the same period, a consequence not only of sound economic performance, but also of the growing flexibility of the labour market, which is characteristic of the Portuguese labour market, and of legislative reform and the reform of labour regulations.

30. Changes in the sectoral composition of employment have been substantial, with an increase in the percentage of services in total employment and a fall in agricultural employment (with the exception of 1996). The percentage of industrial employment remained quite stable during this period, falling slightly in 1996.

* Statistical series was interrupted in 1992. Estimates come from the Bank of Portugal.

31. The unemployment rate continued to drop, from 8.6 per cent in 1985 to 4.1 per cent in 1991. The unemployment rate for youth (aged 15 to 24) declined strongly, by 11 per cent, from 20.1 per cent in 1985 to 9.1 per cent in 1991. The sound performance of the labour market was reflected in a 23 percentage point drop in long-term unemployment as a percentage of total unemployment, although it still remains high (53 per cent in 1985 and 30 per cent in 1991).

32. The economic slowdown of the early 1990s is the result of a relative deterioration in labour market conditions. During the period 1992-1995, the labour force grew at an annual rate of 0.2 per cent, whereas the participation rate remained relatively stable (48.6 per cent in 1995). The level of employment declined by about 1 per cent a year during this period. This deterioration in the labour market was reflected in an increase in the unemployment rate, from 4.1 per cent in 1992 to 7.3 per cent in 1996. Despite a recent increase, the unemployment rate in Portugal remains well below the Community average and is frequently attributed to the flexibility of the Portuguese labour market.

33. Work hours are longer in Portugal than in other industrialized countries. With a total 1,900 work hours per year, the average length of the working day is 8.4 hours, or 20 per cent more, for example, than in Germany. The regular work week was reduced to 40 hours at the same time as greater flexibility and adaptability were introduced. The work schedule was made more flexible by encouraging productivity.

34. Human capital was improved by a three-year increase in the length of schooling in 1986 and by a rapid rise in expenditures on training in the framework of Community support. The education and training system performed better during the first half of the 1990s; at present, more than half of all young people have completed their entire secondary education or an apprenticeship following compulsory schooling.

Education of the working-age population

(percentage)

TABLE 8

Standard of living indicators

* The selected standard of living indicators show there was a great improvement in the Portuguese standard of living, bringing it closer to the European average.

35. OECD data show that the percentage of the population in the 24-to-35 age bracket to have completed secondary education is practically double that of the 45-to-54 bracket. However, there is still a wide gap in schooling between Portugal and other OECD countries. The percentage of the Portuguese population to have completed secondary school or above continues to be about 35 per cent below the European Union average. The Government is currently implementing a basic education policy in order to attain 100 per cent coverage by the late 1990s.

36. Article 13 of the Constitution lays down the principle of equality, whereby all citizens have the same social status and are equal before the law. No one may be given privileges, benefit from or be deprived of a right or be exempted from a duty by reason of descent, sex, race, language, territory of origin, religion, political or ideological beliefs, education, financial position or social circumstances. Portuguese citizens temporarily or habitually resident abroad enjoy the protection of the State in the exercise of their rights and are subject to such duties as are compatible with the fact that they are outside the country.

37. Aliens and stateless persons temporarily or habitually resident in Portugal enjoy rights and are subject to the duties of Portuguese citizens. Political rights in general, the performance of public duties not essentially technical in nature and the rights and duties that are exclusively those of Portuguese citizens are not covered by this system of equality. The law nonetheless allows nationals of member countries of the European Union and Brazilian citizens to vote and to stand for office in local elections and certain rights of a political nature may be granted to citizens of countries where the official language is Portuguese, under a convention between Portugal and those countries.

II. DOMESTIC MACHINERY FOR THE EFFECTIVE IMPLEMENTATION OF THE PRINCIPLE OF NON-DISCRIMINATION

38. A number of measures have been adopted under Portuguese law to combat possible violations of the principle of non-discrimination. In this regard, attention should be drawn to the recent establishment of the Office of the High Commissioner for Immigration and Ethnic Minorities, the Host Commission for the Timorese Community and the Aliens Special Regularization Commission.

A. Office of the High Commissioner for Immigration and Ethnic Minorities

39. The Office of the High Commissioner for Immigration and Ethnic Minorities was established under Decree-Law No. 296-A/95 of 17 November relating to the Organizational Act of the XIIIth Constitutional Government and was made part of the Office of the President of the Council of Ministers. The High Commissioner was appointed under Decree-Law No. 3-A/96 of 26 January.

40. The Office of the High Commissioner was established as a result of new challenges faced by Portugal as a country of immigration, for Portugal had traditionally been a country of emigration. This brought about the need to devise measures to integrate immigrant families into Portuguese society. The ultimate purpose of this policy is to prevent xenophobia, intolerance and discrimination against foreigners living in Portugal.

(a) To encourage consultation and dialogue with bodies representing immigrants or ethnic minorities in Portugal, as well as to examine the topic of the integration of immigrants and ethnic minorities, in cooperation with social partners, social solidarity institutions and other public and private bodies operating in this field;

(b) To contribute to improved living conditions for immigrants in Portugal so that they can integrate into society, with respect for their identity and culture of origin. The office should also help to make sure that all citizens lawfully resident in Portugal enjoy the same status and opportunities so as to eliminate discrimination and combat racism and xenophobia;

(c) To follow up the action by various administrative departments regarding aliens entering, staying in or leaving Portugal, in the proper performance of their duties. It should cooperate in shaping and following up active policies to combat marginalization by fostering horizontal interdepartmental action by the authorities and government departments in the sector;

(d) To propose measures, more particularly normative measures, in support of immigrants and ethnic minorities.

B. Working Group on the Equality and Integration of Gypsies

42. The Working Group, established under Council of Ministers resolution 157/96 of 19 October has two basic aims: first, to conduct a detailed examination of the difficulties faced by Gypsies in integrating into Portuguese society and, secondly, to formulate proposals to help eliminate such situations of social marginalization. Three months after its inception, i.e. in January 1997, the Working Group, under the chairmanship of the High Commissioner for Immigration and Ethnic Minorities, submitted a progress report. Broadly speaking, the report recognizes a tendency in Portugal towards marginalization and indifference vis-à-vis Gypsies. The Gypsy community is affected by problems of social, economic, cultural and even political marginalization. The lack of social and occupational skills, the low literacy levels and the drop-out rate among young people make for poverty and destitution among the Gypsies.

43. Other factors, such as social discrimination and indifference (or even, in some cases, intolerance) condemn the group even further. This social situation is due to a number of things, such as the high level of drug trafficking and drug consumption, poor housing conditions and the lack of a livelihood and of prospects for social integration and mobility, particularly among younger Gypsies. All these factors combined lie at the root of a very difficult situation and the group's extreme social vulnerability.

44. One of the main problems faced by Gypsies is that of integration in the job market and the lack of job alternatives. A study has revealed that there are 6,000 Gypsies in the Lisbon area, with a very young population (44 per cent under 14 years of age), 57 per cent living in slums, 69 per cent living off peddling and 20 per cent with no occupation. As to Gypsy children, only 62 per cent are school-registered. Half of them attend very irregularly and also experience great learning difficulties. About 50 per cent of the children from 10 to 14 years of age do not attend school.

45. The Working Group's study also describes a number of activities being carried out to ensure the equality and integration of Gypsies. These include:

In education, a number of measures have been taken, such as the preparation of a teacher's guide (in which the whole of the school curriculum takes account of Gypsy culture and suggestions are made on teaching children from other cultures) and the translation of a number of works on schooling for Gypsy children and tolerance and human rights. Inter-cultural projects have also been started.

C. Interministerial Host Commission for the Timorese Community

46. The Interministerial Host Commission for the Timorese Community was established (Official Gazette, Second Series, 7 December 1995, resolution 53/95) in implementation and in observance of the principle of non-discrimination. The Commission's duties are to coordinate and evaluate proposals to develop comprehensive policies for the integration of members of the Timorese community in Portugal.

D. Aliens Special Regularization Commission

47. Act No. 17/96 of 24 May sets out a procedure for the special regularization of clandestine immigrants that is coordinated by the National Special Regularization Commission, which examines applications. Such regularization was necessary so that aliens could fully enjoy their social, economic and cultural rights, particularly in connection with employment, social security benefits and access to housing, because rehousing programmes were intended only for persons whose papers were in order. This special procedure lasted from 11 June to 11 December 1996.

48. The number of aliens who wanted to regularize their situation stood at 35,082, including 9,255 from Angola, 6,782 from Cape Verde, 5,308 from Guinea Bissau, 2,330 from Brazil, 1,549 from Sao Tome and Principe and 416 from Mozambique. A total of 25,730 aliens were from Portuguese-speaking countries; 3,965 were not accepted and 3,772 of them have lodged an appeal.

49. In the National Special Regularization Commission, 111,856 applications have already been examined and a favourable decision has been reached. The Directorate-General of Social Action, Department of Social Security, takes part in the Commission, which demonstrates the concern to solve this social issue in a fitting, humane fashion.

50. As indicated in connection with article 2 of the Covenant, article 13 of the Constitution enunciates the principle of equality. All citizens have the same social status and are equal before the law.

II. DOMESTIC MEASURES AND MACHINERY FOR THE IMPLEMENTATION OF THE PRINCIPLE OF EQUALITY

51. Council of Ministers resolution No. 32/94 of 17 May 1994 stipulated that every ministry should, either directly or in conjunction with other public or private bodies, take any action or measures, more particularly of a legislative nature, required to promote and achieve equal opportunity and participation by Portuguese women in all aspects of economic, social and political life and employment.

(a) To foster public awareness, to combat discrimination against women, including the application of measures for balanced participation by men and women in public life, as well as steps to guarantee the incorporation of the equality dimension in information campaigns by the authorities, in the occupational programmes for young people and in school textbooks;

(b) To promote vocational training measures for women, as well as to encourage initiatives by companies in this field, particularly in the context of the 1994-1999 Community support period;

(c) To develop vocational guidance facilities for long-term unemployed women and women who wish to resume a working life;

(d) To adapt hours of work so as to reconcile the spouses' life in the workplace and life at home;

(e) To develop alternative structures and solutions to support children while the parents are at work;

(f) To strengthen inspection activities in fields that may lead to discrimination between men and women.

B. Office of the High Commissioner for the Promotion of Equality and the Family

53. The Office of the High Commissioner for the Promotion of Equality and the Family was established under Decree-Law No. 296-A/95 of 17 November (art. 7.7). The Office comes under the Council of Ministers.

54. The functions of the High Commissioner, appointed under Decree-Law No. 3-B/96 of 26 January, are:

(a) To contribute to the effective equality of men and women at the social and family level by proposing policies designed to counterbalance and eliminate discrimination;

(b) To promote and enhance the family unit by means of a dynamic family policy, in the light of the particular situation of family members;

(c) To help to make sure that citizens enjoy equal status and equal opportunity and rights by promoting initiatives for the gradual elimination of situations of discrimination;

(d) To keep watch on the situation of children by promoting coordinated measures by the competent public bodies, monitoring the activities of non-governmental organizations and supporting the formulation and implementation of policies in connection with children.

55. The High Commissioner is appointed by the Prime Minister and reports to him. The following bodies come under the umbrella of the Office of the High Commissioner for the Promotion of Equality and the Family: the Commission on the Equality and Rights of Women, the Interministerial Family Commission, the Family and Children's Support Project and the Equal Employment Commission.

C. Commission on the Equality and Rights of Women

56. Equality issues are closely tied in with human rights and are essential in building democracy. The principle of equality means that it is possible not only to condemn cases of discrimination against women, but also to develop activities to create genuine equality of opportunity.

57. The Commission (which replaces the former Commission on the Status of Women, established under Decree-Law No. 485/77 of 17 November), was established in 1991 under Decree-Law No. 166/91 of 9 May and is a body intended to analyse the situation regarding equal rights and opportunities in Portugal, and also to take action in all fields, more particularly in connection with the status of women.

58. The Commission consists of the Chairperson, the Technical Coordination Council, the Advisory Council (with an Interministerial Section and an NGO Section), the Studies and Training Division, the Documents, Information and Publications Division and the Legal Affairs Division.

59. The Interministerial Section of the Advisory Council is made up of representatives of government departments of importance to the Commission's objectives. The NGO Section consists of women's organizations which have aims consistent with the Commission's and which are represented in a number of areas of the country, together with organizations whose fields of activity or programmes relate to the living conditions and status of women or the promotion of equality.

(a) To help to make sure that women and men enjoy the same opportunities, the same rights and the same status;

(b) To secure effective joint responsibility for women and men at all levels of family, occupational, social, cultural, economic and political life;

(c) To help make sure that society recognizes the social function of parenthood and assumes the consequent responsibilities.

61. For the purpose of achieving these goals, the Commission operates basically in the following fields:

(a) Multidisciplinary research on the situation of women and on measures to secure equal rights and opportunities;

(b) Public information and awareness campaigns in connection with the rights of women and the values of equality;

(a) To participate in global and sectoral policy formulation, more particularly in connection with the situation of women and equal rights as between men and women;

(b) To contribute to any legislative changes deemed necessary in the various fields by proposing measures, issuing opinions on draft laws and encouraging the creation of mechanisms necessary for the effective observance of the law;

(d) To promote measures to make women and society at large aware of discrimination against women. Such measures are designed to enable women to participate directly in improving their status and in making society responsible for attaining the same objective;

(e) To conduct and streamline interdisciplinary research into issues pertaining to equality and the situation of women. This aim should be achieved more particularly by making the competent bodies aware of the need for statistics on the situation of women in matters within their purview and of the need to publicize research;

(g) To take a stance on issues affecting equality of rights and opportunities, the situation of women and compatibility between family and occupational responsibilities;

(h) To facilitate access to the law by means of a legal information service intended for women;

(i) To cooperate with international organizations and foreign bodies with objectives similar to those of the Commission.

D. Comprehensive Equal Opportunity Plan

63. The Comprehensive Equal Opportunity Plan, approved under Council of Ministers resolution 49/97 of 24 March, sets out certain basic objectives for equality between men and women. The preambular part of the resolution states that an equal opportunity policy is not merely a democratic necessity, but also a prerequisite for development.

64. The Comprehensive Plan proposes measures of two kinds, first, global measures and, secondly, sectoral measures. The first kind includes the objective of incorporating the principle of equal opportunity for men and women in all economic, social and cultural policies by compiling information on national and Community norms concerning measures to establish equality among women and men. Yet another measure concerns the need for gender identification in all statistical compilations.

(b) Compatibility between private life and life in the workplace: (i) promoting the idea of joint responsibility for compatibility between private life, social life and life at work; (ii) encouraging firms to foster measures to make life at work compatible with family life, more particularly by means of flexible working hours; (iii) fostering the establishment of institutions, for, among others, children, the aged and the handicapped;

(c) Social advancement of the family unit and motherhood: (i) shaping a legal framework for domestic tasks; (ii) recognizing the value of such work, particularly in connection with taxation and social welfare; (iii) promoting special social protection measures for men and women living alone or with dependent handicapped children; (iv) protecting teenage mothers by means of health assistance and education;

(d) In connection with health, a study should be undertaken of measures to prevent teenage pregnancy, by means of sex education and family planning;

(e) With reference to education, science and culture, other measures must include: (i) improving literacy among the female population in particular; (ii) promoting the preparation of school text books and cultural publications to spread a non-stereotyped image of women; (iii) helping to make sure that proper attention is paid in school curricula to the complementary roles of men and women in society; (iv) incorporating sex education modules in school curricula.

E. Commission on Equality in Employment (CITE)

66. As indicated in previous reports, the CITE was established under Decree-Law No. 392/79 of 20 September. Its functions are:

(a) To recommend to the competent Minister the adoption of legislative, regulatory and administrative measures to promote the application of rules on equality between men and women in access to employment and in employment;

(b) To promote studies and research designed to eliminate any discrimination against women in employment;

(d) To approve opinions submitted to it by the secretariat in connection with equality in employment;

(e) To publicize, by all available means, cases of infringements of the provisions on equality in access to employment and in the workplace.

The CITE's activities will be described in greater detail in the discussion of article 7 of the Covenant.

67. The National Family Council (an amalgamation of the earlier Interministerial Commission for the Family and the Advisory Council on Family Affairs) was established under Decree-Law No. 163/96 of 5 September and is a body which serves to mobilize and coordinate the various State departments and NGOs to evaluate the measures in force and propose any changes. The Council's functions are, inter alia, to take part in shaping and carrying out overall family policy, promoting the creation of family support facilities, remedying cases of discrimination against single-parent families, promoting cooperation by families in the education of their children (with a special focus on families with handicapped children) and promoting a tax policy to assist low-income families.

G. National Children's Rights Commission

68. The National Children's Rights Commission was established under the Order of 13 December 1996 and its main functions are: (i) systematic monitoring of legislative, administrative or other measures in fields covered by the Convention on the Rights of the Child; (ii) gathering information and statistics on the practical implementation of those measures; (iii) combining studies conducted in the fields in question; (iv) playing an important role in information on the rights of the child, particularly the most vulnerable children, particularly among professionals taking care of children; and (v) preparing Portugal's second periodic report on the implementation of the Convention on the Rights of the Child. The Commission consists of representatives of various ministries and members of Portuguese non-governmental organizations.

H. Family and Children's Support Project

69. The Project was initiated under Council of Ministers resolution 30/92 (published in the Official Gazette, First Series, 18 August 1992). The Project's point of departure is acknowledgement of the fact that an ill-treated child separated from his family tends to blame his parents. The separation of the child from his family may lead to risks of violence towards other children who have not been so separated or have been born after them.

(b) To make an accurate diagnosis of family dysfunctions responsible for child abuse and report them to the competent authorities;

71. The means used in the Project consist of psychosocial support for the ill-treated child's family, which needs to be organized and to develop so that it can gradually fulfil parental duties with a feeling of responsibility and increasing affectivity. The family and the child should also be provided with therapeutic support, medical, psychological and pedagogical assistance for the child and coordinated action by all departments which are or should be involved in solving each case at the local and national levels.

72. The Family and Children's Support Project is intended for children who are victims of physical and/or mental violence and receive medical care at health centres or hospitals, whether as in-patients or as out-patients.

73. The suspension of civil and political rights is permitted only in the event of urgent public necessity affecting the existence of the nation. However, article 19, paragraph 6, of the Portuguese Constitution provides that declarations of states of siege or emergency must never infringe certain rights, namely, "the rights to life, physical integrity, personal identity, civil capacity, citizenship and the non-retroactivity of criminal law, the right of accused persons to defence and the rights to freedom of conscience and religion".

74. In situations of emergency or need, it is incumbent on the State to inform the United Nations and the other States parties to the Covenant of the rights from which it is derogating and of the reasons for the derogation. The relevant Portuguese legislation is consistent with the Covenant.

A. Rules applicable in states of siege and emergency

75. For detailed information on the rules applicable in states of siege or emergency (Act No. 44/86 of 30 September), see document CCPR/C/42/Add.1, paragraphs 230 et seq.

76. In time of peace, the legislation that governs internal security is, except in the event of a state of emergency: Act No. 20/87 of 12 June, Act No. 8/91 of 1 April and Council of Ministers resolution No. 47/88 of 25 October.

77. Act No. 20/87, article 1, provides that by internal security is meant action by the State to guarantee public order, security and calm, protect persons and property, prevent crime and ensure the proper functioning of democratic institutions, the normal exercise of citizens' rights and fundamental freedoms and respect for democratic legality. The measures provided for by the Act are aimed at protecting persons and property and safeguarding public peace and democratic order against violent or organized crime, especially sabotage, espionage or terrorism.

78. Internal security is governed by the general police regulations, the principle of respect for rights, freedoms and guarantees and the principles of a democratic constitutional State. The bodies responsible for activities relating to internal security are the police forces and the Intelligence Service. / This organ is mentioned because it seems to us that there is a risk that intelligence-gathering may be against citizens' interests and that it is therefore necessary to examine the legislation governing the organ./ Pursuant to Act No. 8/91 of 1 April 1991, the Parliament monitors internal-security activities through its examination of the Government's annual report on the country's internal-security status and the activity of the security forces and services during the previous year.

79. The question of the control of terrorist groups is one that frequently arises with respect to internal security. In its judgement of 22 June 1988, the Supreme Court defined the offence of terrorist association as a wilful, potentially dangerous crime characterized by the production or emergence of danger with the possibility of damage or destruction of a legal good. The commission of the offence is ongoing and begins with the active formation of the group, independently of the commission of specific crimes by its members for the organization's purposes. The offence ceases with the cessation of the organization's activity.

80. The fact that the specific crimes committed are distinct from the offence of terrorist association is a particularly important point in this judgement concerning the "FP-25" organization. Another important point in the decision is that there can be no dissolution of a political party in criminal proceedings in an ordinary court, the court being totally incompetent ratione materiae. / Another judgement on the same topic and organization is that of 15 June 1988./

C. Framework Law on the Intelligence Services of the Portuguese Republic

81. Acts Nos. 30/84 of 5 September 1984 and 4/95 of 4 February charge the intelligence services with collecting, in accordance with the Constitution and the law, information necessary for the preservation of national independence and the safeguarding of internal security. The limits upon that activity are the rights, freedoms and guarantees set forth in the Constitution and the law, in particular the provisions concerning the protection of individuals with regard to the third-party processing of personal data.

82. The activities of the Intelligence Service must not infringe on areas within the jurisdiction of the courts or the police. The Intelligence Service may neither detain persons nor institute criminal proceedings.

83. Access to data or information in the possession of the intelligence services or police officers is subject to government approval. Such information may not be used for any other purposes than to protect democratic legality or prevent and punish crime. Abuse of such information is punishable by imprisonment for up to three years. The use of information technology is permissible. Data centres may be set up, but agents of the State may have access to them only in the performance of their duties and with prior authorization.

84. Article 26 provides for data centres to be supervised by three officials appointed from among the staff of the Public Prosecution Service by the Attorney-General of the Republic. These officials pay particular attention to compliance with the rules on privacy.

85. The obligation of confidentiality is set forth in article 28. Enrolment in the intelligence services of members of the PIDE/DGS / Until 25 April 1974, this was the organ responsible for centralizing information. It was dissolved following the establishment of the new Republic after the revolution of 25 April. The basic law of the new Republic is the Constitution of 1976 and it is that which defines Portugal's current political system./ or the former Portuguese Legion or their informers is prohibited.

86. The fundamental principles to be observed in the activities of the State Intelligence and Security Service (SIS) were set forth in Decree-Law No. 223/85 of 4 July. That text was, however, repealed by Act No. 4/95 of 21 February, the instrument which amended Act No. 30/84 of 5 September (the framework law on the intelligence services). Among the provisions in Act No. 4/95 is article 32 concerning State secrets, a matter previously governed by Act No. 6/94 of 7 April.

87. The organizational structure of the State Intelligence and Security Service (SIS) was established by Decree-Laws Nos. 225/85 of 4 July and 245/95 of 14 September. The SIS is the sole body responsible for collecting information to safeguard internal security and prevent sabotage, terrorism, spying and the commission of acts capable of disturbing or destroying the constitutional order.

88. The rules applicable to the staff of SIS were amended by Decree-Law No. 369/91 of 7 October, article 34 of which concerns the right of access of officials and agents of SIS to public places. It confers on duly identified officials and agents of SIS the right of free access to, and movement in, premises or places for the embarkation or arrival of persons or goods; Customs posts; hotels and the like; indoor and outdoor meeting places and places of entertainment or amusement; casinos and gaming halls; campgrounds and all other public places.

89. With regard to internal security activities and the intelligence system mention must also be made of the law on State secrets. Article 2 of Act No. 694 of 7 April provides that information knowledge of which by unauthorized persons may jeopardize or adversely affect national independence or the unity, integrity or internal or external security of the State is a State secret.

90. Documents may be classified as State secrets only as an exceptional measure; classification must be accessory to other action, necessary, commensurate with the gravity of the case, timely, egalitarian, fair and impartial and must be substantiated. The right of classification is restricted to the President of the Republic, the President of Parliament, the Prime Minister, ministers and the Governor of Macao. In the event of emergency (and as a provisional measure), documents may also be classified by the Chief of General Staff of the Armed Forces or the directors of the Republic's intelligence services.

91. Considerations of civil defence may, like those of internal security, constitute a reason for the suspension of civil and political rights. The framework law on civil defence, Act No. 113/91 of 29 August, defines civil defence as action by the State and citizens to prevent collective risks inherent in serious accidents or disasters, whether natural or man-made, or to attenuate their effects and assist persons in danger when such events occur.

92. Article 4 authorizes the taking of exceptional measures. Restrictions may be placed on the movement or presence of persons or vehicles of any kind in given places during given hours; movable or immovable property of any kind and services may be temporarily requisitioned; facilities and premises other than those intended for human habitation may be occupied; the use of public transport, telecommunications and water and energy distribution services and the consumption of essential consumer goods may be limited or rationed; individuals may be mobilized for specified periods by geographical areas or sectors of activity and placed under the orders of the competent authorities; special funding may be made available to support the entities directly involved in rescue and relief operations.

93. In selecting and applying any of the above exceptional measures, the criteria of need, proportionality and suitability for the intended objectives must always be met.

94. When the restriction of people's movement or presence in a given area or the temporary requisition of movable or immovable property or services infringes any citizen's or private entity's rights or interests, compensation becomes due. The extent of the compensation will depend on the damage actually suffered.

95. The adoption of framework legislation is the responsibility of the Parliament. The Government is competent to: fix civil defence policy; declare states of disaster, either on its own initiative or on the proposal of the Ministry of Foreign Affairs or of the regional governments of the Azores or Madeira; adopt measures; and discuss the provision of special funding for the measures to be taken.

96. In time of war, civil defence is subject to the rules applicable to states of siege and emergency (art. 23). The performance by the armed forces of civil defence functions is governed by Decree No. 18/93 of 28 June, article 3 of which provides for the following forms of assistance from the armed forces:

The above activities will be carried out under military command, but coordinated by civilians.

97. The main problem relating to unconstitutional activities carried out by an organization involves racism and intolerance. In the case of Portugal, it is important to examine the relevant case law. The following overview covers the concept of race, unintentionally racist elements remaining in Portuguese legislation, the treatment of aliens, asylum problems and, lastly and more specifically, the conduct of extremist political groups in Portugal.

98. Curiously, the Portuguese courts have resorted to the concept of race to determine whether a specific piece of legislation is discriminatory or whether a particular instrument is statutory or merely administrative.

99. The word "race" is used in three cases relating to Gypsies in Portugal. These are: Constitutional Commission decision No. 14/80 which found a National Republican Guard rural service regulation unconstitutional on the grounds that it was contrary to the principle of equality and non-discrimination; Constitutional Court judgement No. 452/89 declaring searches conducted in Gypsy camps and caravans without a judicial warrant to be unconstitutional; and the decision of the Porto Administrative Court of first instance declaring null and void the administrative order by the municipality of Vila do Conde that no person could camp on municipally owned land for a period exceeding 48 hours. / The municipal authorities first made specific reference to Gypsies, but, in view of the public reaction, it amended the wording of the regulation and attempted to justify it by prohibiting illegal and clandestine construction. The Administrative Court of first instance referred to the latter regulation (which was deemed to be not a regulation, but an administrative order) and declared it invalid (i.e. null and void)./

100. The concept of race was defined in Constitutional Court judgement No. 452/89 following the decision of the Constitutional Commission. In this connection, the problem was one of determining whether the provisions of the National Republican Guard service regulation in question applied exclusively to Gypsies. The word used in the legislative text was "nomad"; the question was to determine whether only Gypsies were nomads. The criterion used to interpret the term was that of race: "The Gypsies are made up of many groups of nomadic populations who have come from India and who even today have anthropological and ethno-social characteristics distinguishing them from other persons in the human centres in which they live and thus an ethnic purity which has remained unchanged. Although the definition of race is difficult and complex, they do, from the constitutional point of view, form a race". In that specific context, as a few groups of resident Gypsies were not nomads, the regulation applied not to the Gypsy race, but to nomads as a category. Consequently, that specific aspect of the regulation was not unconstitutional.

B. Racist elements in legislation and daily life in Portugal

101. This section deals with matters relating to racist legislation or acts. Case law relating to racist organizations will be considered later. Constitutional Commission decision No. 14/80 stated that the National Republican Guard rural service regulation was unconstitutional because it did not comply with the principle of non-discrimination. The regulation allowed the Guard to conduct police work in a discriminatory way based on membership of the Gypsy race.

102. Like the Constitutional Commission decision, Constitutional Court judgement No. 452/89 ruled that article 81, paragraph 2, of the National Republican Guard service regulation was unconstitutional. Article 81 stated that, where nomads (a term which, as seen earlier, was not considered unconstitutional by the Constitutional Court) were concerned, the Guard must exercise particularly close surveillance of caravans and groups of nomads habitually travelling by road and living off trade or other activities associated with an itinerant life. The Guard watches over their movements with a view to preventing the commission of offences against property or persons in the rural areas or public places where the caravans normally stop.

103. Article 81, paragraph 2, stated that, in suspicious cases, caravans could be searched while travelling or in roadside rest areas, the identities of group leaders were always to be ascertained. When the destination of a travelling group was known to an official of the Guard, he was to inform the commander of the Guard post responsible for the destination point. The Constitutional Court decided that searches conducted at night without a warrant were unconstitutional. Consequently, article 81, paragraph 2, was unconstitutional.

104. The decision of the Porto Administrative Court of first instance related to an order issued by the municipal authorities of Vila do Conde stating that the arrival of any person of Gypsy origin without an official residence within the boundaries of the municipality must be reported, following which such persons must leave the territory of the municipality within one week. That decision gave rise to considerable indignation in the press and sharp expressions of disapproval from the Attorney-General and the Mediator.

105. Following these reactions, the municipal authorities adopted a new order repealing the first one and emphasizing that the intention was to report any person, whether or not a member of the Gypsy ethnic group, who had built a dwelling clandestinely. Any person having done so was required to destroy the dwelling and was prohibited from rebuilding it. The Public Prosecutor's Department claimed that the order was still unlawful, since it was in fact aimed at the Gypsies and was thus in breach of the principle of equality.

106. The Court focused its attention not on the problem of the Gypsies, but on that of the invalidity of the administrative order. However, it decided that the fundamental problem was that of the persons against which the order was directed, the specific need to destroy the dwellings and the impossibility of rebuilding them in any part of the municipal territory.

107. The key element in the decision was the fact that, although the order was general and abstract in nature, it was not sufficiently so to be deemed normative because the persons affected by it could not be identified. It was thus null and void. The grounds given were that "an administrative order which does not relate to an individual situation and does not individually identify the person or persons concerned by it is null and void because the essential element of identification is lacking. The reference to persons constructing dwellings does not correspond to the individualization required by article 124, paragraph 2, of the Code of Administrative Procedure." Consequently, the Gypsies were not evicted.

108. The last ruling, a Supreme Court decision dated 21 September 1994, is also important. The Lamego district court sentenced a woman belonging to the Gypsy ethnic group for drug trafficking. The grounds for its decision stated that the penalty should be increased - and it was increased - on account of the woman's membership of the Gypsy ethnic group, since, "Gypsies have a natural tendency to engage in drug trafficking, which forms part of their customs and traditions". The Supreme Court decision dated 21 September 1994 stated that what constituted a well-known fact was a matter of law and that the matter could consequently be considered by that Court.

109. The Court then ruled that it was not a matter of public knowledge, nor was it apparent, that the Gypsy ethnic group was more inclined to engage in drug trafficking than any other ethnic group. It was consequently decided that the lower court's decision was unlawful because it had based part of the penalty on membership of the Gypsy ethnic group. The decision was therefore overturned in respect of the penalty imposed on the grounds of membership of the Gypsy ethnic group.

C. Response of the judicial system to the treatment of aliens in legislation
and the adaptation of the latter

110. The question of asylum has to be included in the topic of racism and intolerance. Whatever the policy adopted (or possibly necessary) on the question of aliens, the legal system may, in the light of its own criteria, appear fair or unfair. A case in point has arisen with regard to the legislation on legal aid for asylum seekers.

111. In July 1993 and August 1994, the Aliens and Frontiers Department refused to grant asylum to two foreign citizens. They wanted to appeal the decision, but, since they had no resources, they requested legal aid. They came up against the obstacle of the legislation on legal aid (at that time, Decree-Laws Nos. 387-B/87 of 29 December and 391/88 of 26 October). Article 7 of the former text stated that "aliens and stateless persons habitually resident in Portugal are entitled to legal protection". Article 1 of the latter text stated that:

It was inferred from these articles that asylum seekers could not receive legal aid even though they met the requisite conditions.

112. The courts refrained from applying these provisions on grounds of unconstitutionality as being in breach of articles 13, paragraph 2, 15, paragraph 1, and 20, paragraphs 1 and 2, of the Constitution. The questions were referred to the Constitutional Court as a matter of compulsory appeal; the Court considered the articles in question unconstitutional and upheld the decisions forming the subject of the appeal.

113. These decisions, which were published in the first series of the Official Gazette dated 1 August 1995, are of considerable importance. It must be borne in mind that, for a decision of unconstitutionality to have general binding force, three judgements of similar import on concrete cases are necessary in cases of direct review (article 281 of the Constitution). The third judgement was judgement No. 316/95, published on 31 October 1995. It contains the third ruling on the unconstitutionality of the legislative provisions denying legal aid to aliens not habitually resident in Portugal. The problem was recently settled by Act No. 46/96 of 3 September, which grants legal aid to aliens applying for it before a decision has been taken on the granting of asylum or recognition of statelessness.

D. Case law concerning the National Action Movement and the attitude of extremist groups

114. Hitherto the discussion has been confined to movements, acts or legislation regarded by the system as being unlawful according to its own criteria. We now turn to breaches of the system, i.e. acts of racism and xenophobia ab initio outside the framework of the system.

115. On the basis of Constitutional Court judgement No. 17/94, the Attorney-General requested the Court, in accordance with the law prohibiting fascist organizations, to dissolve the "National Action Movement" on the grounds that that Movement advocated fascist ideology. He alleged that a cultural association called "National Action" had been established in 1985 and had published a number of periodicals, including the newspapers Action, Offensive, Manifesto, Programme points, Statutes and Conquer. Its aim was to establish a "nationalist State".

116. The association's most striking features were the cult of the national community and the primacy of its interests over those of individuals, the cult of racial and physical purity, order, discipline and hierarchy; it drew its inspiration from Germany under Hitler, Italy under Mussolini and Portugal under Salazar. Its symbols were the raised-arm salute, the Celtic cross and the swastika; it was racist and anti-Semitic. The terms of the application by the Attorney-General are referred to in the past tense because the Constitutional Court considered that the association had already ceased to exist; that was in fact one of the reasons for the rejection of the Attorney-General's application. However, the events of 10 June 1995 removed any doubt about whether the association had actually ceased to exist. On that day (the Portuguese national day), a number of skinheads invaded one of Lisbon's night-life districts with the intention of massacring any Africans they found there. One African was killed. The skinheads were arrested, tried and sentenced to prison terms ranging from 3 years and 9 months to 18 years.

117. Under article 58 of the Constitution, everyone has the right to work. The duty to work is inseparable from the right to work except for persons whose capacities have been diminished by age, sickness or invalidity. It is the duty of the State, through the implementation of plans for economic and social policy, to safeguard the right to work by ensuring the implementation of full employment policies; equality of opportunity in the choice of occupation or type of work; conditions guaranteeing that access to any post, work or professional category is not debarred or restricted on grounds of sex; and cultural, technical and vocational training for workers.

118. Under article 59 of the Constitution, all workers, without any distinction whatsoever, have the right:

(a) To receive payment for work in accordance with its quantity, nature and quality and in accordance with the principle of "equal pay for equal work", so as to secure for them a decent livelihood;

(b) To the organization of work in socially decent conditions facilitating the personal development of the individual;

(d) To rest and leisure time, to limits on daily working hours, to weekly rest and to periodic paid leave;

119. The State is responsible for ensuring the implementation of the working conditions, remuneration and rest periods to which workers are entitled by the following means:

(a) The regulation and updating of the national minimum wage, taking into account the needs of workers, increases in the cost of living, the level of development of productive forces and the requirements of economic and financial stability and saving for development;

(c) The provision of special protection for women's work during pregnancy and following childbirth and the protection of the work of young and handicapped persons and persons engaged in particularly arduous work or working under unhealthy, toxic or dangerous conditions;

(d) The systematic development, in cooperation with social organizations, of a network of recreation and holiday centres;

(e) The provision of protection of the conditions of work of migrant workers and of guarantees of social benefits for them.

II. NATIONAL MEASURES TO GIVE EFFECT TO THE RIGHT TO WORK

A. The Government's programme

/ The Government's programme on labour policies is contained in annex 3 to this report./

/ The Ministry of Training and Employment has set up an Internet site (address:

http://www.min-qemp.pt/

; for information in English, the English version is on:

http://www.min-qemp.pt/ingles/indexi.htlm)./

120. The present Government is treating employment as a strategic objective involving the coordination of macroeconomic, sectoral, regional development and educational policies, as well as specific employment policies. Within this framework of concerted action, the objectives of the specific employment policies are as follows:

(a) The improvement of human resource skills and development potential on a basis of the improved functioning of the labour market, in conjunction with vocational training and education policies;

(b) The improvement of working conditions, remuneration, social protection and occupational advancement;

(c) Continuing efforts to combat unemployment, particularly long-term unemployment, by improving the process of induction of young persons into working life and the intra-sectoral and the extra-sectoral retraining of adult workers;

(d) The promotion of equality of opportunity in employment and vocational training;

B. Protection against arbitrary dismissal

121. The provisions relating to protection against arbitrary dismissal are contained in Decree-Law No. 64-A/89, dated 27 February 1989. The dismissal of an individual without just cause and/or for political or ideological reasons is prohibited. Just cause is an indeterminate concept implying wrongful behaviour on the part of the worker which makes the continuation of the labour relationship immediately and practically non-viable. The law specifies certain types of behaviour covered by the concept of just cause.

122. Any dismissal must be preceded by a written disciplinary procedure, which is simplified in the case of small enterprises. The wrongful behaviour report leading to the procedure must contain a description, duly supported by evidence, of the allegations against the worker and a specific statement of the employer's intention to dismiss him. The worker has the right to reply, as well as to introduce any matters which he regards as important and/or to request that all the requirements of adequate proof should be met. The workers' committee is also heard. If the final decision is in favour of dismissal, the court may, at the worker's request, order the suspension of enforcement until a decision has been taken on the appeal against dismissal.

C. Grounds for the termination of an employment contract

123. The provisions on protection against arbitrary dismissal are contained in the regulations annexed to Decree-Law No. 64-A/89 of 27 February. Further details on the content of those regulations are to be found in paragraphs 198 and 199 of document E/1990/6/Add.6.

124. Decree-Law No. 400/91 of 16 October introduces amendments to Decree-Law No. 64-A/89. It introduces a new ground for the termination of an employment contract, namely, the unsuitability of the worker for the job. Termination can take place only after verification of situations strictly defined by law and demonstrating that, as a result of changes made in the job, the worker is so unsuited for it that the continuation of the employment relationship has become practically impossible. Several conditions have to be met before a contract may be terminated on these grounds, namely, that adequate skills training has been provided and that subsequently the worker has been given sufficient time to adjust. The worker must be granted compensation (the equivalent of one month's basic pay for each year of service, with a minimum of three months' pay).

125. The termination of an employment contract may also result from the abolition of jobs on account of genuine structural, technological or trade-cycle-related considerations prevailing within the enterprise, regardless of whether the dismissal is collective. (On the subject of collective dismissal, see E/1990/6/Add.6, paras. 203 and 204.)

126. Where jobs are abolished in situations other than that of collective dismissal, justification giving the reasons invoked is required. This must be followed by a communication to the workers' representatives. In either case, a court review of the employer's decision may be requested.

127. The dismissal regulations described above do not, however, apply to the service contracts of members of ships' crews or domestic servants, who are covered by separate regulations. In the case of domestic service contracts, the dismissal procedure is much simplified and forms of wrongful behaviour liable to occur in that activity on account of its specific nature are defined (Decree-Law No. 235/92 of 24 October). With regard to contracts of employment on board ship, reference is made to paragraph 206 of document E/1990/6/Add.6. Act No. 15/97 of 31 May (due to come into force six months after publication) lays down the regulations governing individual contracts of employment on board fishing vessels.

128. Under Decree-Law No. 64-A/89 of 27 February, referred to earlier, approved a new legal framework for the termination of individual contracts which provides for special protection in cases of dismissal of workers' representatives; in particular, it stipulates that the proceedings in respect of such persons may never be conducted under the most simplified procedure and gives emergency status to appeals to which they are parties.

129. The situation of employees in public administration is described in E/1990/6/Add.6, paragraphs 209 and 210.

III. EMPLOYMENT, UNEMPLOYMENT AND UNDEREMPLOYMENT IN PORTUGAL: LEVELS AND TRENDS

130. The period 1986-1991 may be considered as a period of economic expansion during which employment rose at an annual rate of 2.7 per cent, while the number of unemployed persons fell by about 183,000, reaching a low of 198,600 persons in 1991. The rate of unemployment was then 4.1 per cent. From 1991 onwards, however, this trend began to show signs of going into reverse; in certain branches of economic activity employment fell sharply.

131. Between 1992 and 1995, and as a result of the contraction of economic activity at the international and national levels, the trend within the employed population was a negative one. The employed population dropped sharply in 1993 (-2.0 per cent), while, in 1995, the number of job losses was greater than during the previous year (-0.6 per cent in 1995 as against -0.1 per cent in 1994), a sign that the recession was continuing. However, in 1996, employment increased overall by 0.6 per cent.

132. During this period, trends in the male employment rate were consistently negative, while for women the rate rose between 1993 and 1994. Female employment fell in 1995, however, although a rise was observed in the service sector. In 1996, both female and male employment were up on the preceding year. As for unemployment in 1992-1996, the trend was upwards both for men and for women.

133. In sectoral terms, the drop in employment affected all three major areas of economic activity, although there was a rise in the number of persons employed in the service sector in 1995 (0.7 per cent) and in agriculture and fisheries in 1994 (1.6 per cent). Women's participation played a major part in the growth of employment in those sectors. In manufacturing as well in 1994, the growth in the volume of women employed helped offset the negative trends in the employment rate. In 1996, employment contracted only in the manufacturing sector.

134. The number of wage earners fell faster than overall employment, which meant that its share in employment shrank from 74 per cent to 71 per cent between 1992 and 1996. Conversely, the percentage of independent workers rose from 24 per cent to 26 per cent during the same period. The relative share of part-time employment also increased, despite a dip (-2.5 per cent) observed in 1995.

135. Thus, the expansion of part-time work, the increase in the number of independent workers, the significant decrease in fixed-term contracts and the use of early retirement for financial or health reasons, have become established adjustment mechanisms whereby the labour market adapts to a more difficult economic situation.

136. In qualitative terms, the economically active population is characterized by a low level of education (in 1995, 67 per cent of the total active population had between four and nine years' schooling, while 9 per cent had a Master's degree) and a high proportion of low-skilled labour (in 1993, 28 per cent of all wage earners consisted of low-skilled or unskilled workers).

137. For the purposes of analysis of the situation and trends among groups with less secure working conditions, the following groups have been examined:

138. According to the employment survey carried out by the National Statistical Institute, 12 per cent of all wage earners in 1992 had a fixed-term contract and the proportion for women was 13 per cent. In 1993 and 1994, the proportion of fixed-term contracts fell, accounting for only 10 per cent of the total in 1994; in 1995, the proportion was 11 per cent and in 1996, 12.5 per cent.

139. The production sectors where this type of contract was most commonly found were electrical equipment (16 per cent), the food industry (13 per cent) and the automobile sector (11 per cent), a distribution that applied throughout the period under consideration.

140. In 1992, the proportion of fixed-term contracts in the service sector ranged from 4 per cent in brokerage and insurance services to 18 per cent in activities relating to computing, research and development, and hotels and restaurants. In the construction sector, 15 per cent of contracts were fixed-term.

141. Decree-Law No. 358/89, enacted on 17 October, regulates temporary work agencies. However, according to information provided by the Statistics Department of the Training and Labour Ministry, this is a matter of minimal concern, since it related to only 0.2 per cent of the workforce in both 1992 and 1995.

142. During 1992-1995, the rate of activity among young people (aged 15-24) fell sharply, going down from 50 per cent in 1992 to 42.7 per cent in 1996. The overall employment rate fell by 20 per cent between 1992 and 1996.

143. Non-employment went up from 55 per cent in 1992 to 62 per cent in 1996 as a result of an extension of the period spent in school and the difficulty of finding a job, a trend that has led to a rise in the number of young first-time job-seekers. As a result of this trend, 0.5 per cent occupied senior management positions in 1993 and 43 per cent were unqualified practising professionals.

144. Taking the older worker to be any worker aged 60 or over, the employed population in this age group expanded by around 6 per cent between 1992 and 1995, bringing it up to 9 per cent of the total employed population, as against 8 per cent in 1992. In 1995, men accounted for around 63 per cent of the total of older people employed.

B. Trends in underemployment

145. Since 1992, the National Statistical Institute (INE) has published data on visible underemployment, as measured by the number of hours less than the normal working day worked reluctantly by people willing to work more hours. A widespread increase was observed in all sectors throughout the period, which it is possible to see as a sign of an economy in recession. In 1994, underemployment rose by 17 per cent in the secondary sector and 8 per cent in the tertiary sector; the overall increase was 6 per cent.

146. The numbers of unemployed have risen since 1992. By 1995, unemployment had grown overall by 72 per cent compared to 1992, a rise which affected men in particular (+83 per cent between 1992 and 1995) and the 25-44 age group. In 1996, the unemployment rate rose less than in the preceding years, going up by around 4 per cent. The youth unemployment rate, which was 41 per cent of the total in 1992, fell to 33 per cent in 1996. The downward trend that began in 1991 continues. The unemployment rate was 4.8 per cent in 1991, 4.1 per cent in 1992, 5.5 per cent in 1993, 6.8 per cent in 1994, 7.2 per cent in 1995 and 7.3 per cent in 1996. These rates are below the European Union average.

147. With regard to the unemployed who are seeking work, the trend between 1992 and 1995 showed a significant increase in the number of persons seeking a new job as compared with first-time job-seekers. The former accounted for around 22 per cent of the total unemployed in 1992, 18 per cent in 1995 and 20.4 per cent in 1996.

148. Trends in long-term unemployment (more than 12 months) were as expected, that is, in line with the economic cycle, in which the percentage of long-term unemployed increases every time the unemployment rate goes up. In recent years, with rising unemployment and a lack of jobs, this group has probably grown in relation to the preceding year.

149. In 1995, the rise in the number of long-term unemployed was 5 per cent; they thus accounted for 39 per cent of the total, as against 26 per cent in 1992. This trend was even more marked in 1996, when the long-term unemployment rate stood at 42 per cent.

150. In terms of stock (i.e., the annual average of month-end figures), there was also an increase in the number of unemployed registered with Employment and Vocational Training Institute job centres, with growth rates on the order of 9.1 per cent in 1993, 14 per cent in 1994 and 9 per cent in 1995. In 1996, too, registered unemployment rose by 9 per cent.

151. At the regional level, the Lisbon and Tagus Valley region was particularly hard hit by the rise in unemployment (76 per cent between 1992 and 1996), as was the northern region (94 per cent), yet another reflection of one of the country's worst economic situations. It should be recalled that most jobs are concentrated in these two regions (78 per cent of the national total in 1996).

152. In the Alentejo region, in the south of the country, unemployment remains higher than in the other regions (11.7 per cent in 1995 and 11.5 per cent over the first three quarters of 1996), while the reverse is true of the central region, which has the lowest unemployment rate in continental Portugal (4 per cent in 1995 and 3.6 per cent in 1996). In the Algarve region, unemployment rates were 7.1 per cent in 1994, 6.7 per cent in 1995 and 9 per cent in 1996. / For more data on this question, see annex 4./

D. Immigrants working in Portugal

IV. NATIONAL MEASURES FOR PROMOTING EMPLOYMENT AND TRAINING AND COMBATING UNEMPLOYMENT

154. The Ministry for Training and Employment has also opened an Internet Website which provides information on various employment-related questions, such as unemployment rates, industrial accidents, wage discrimination, strikes, as well as rapid access to a wealth of important information about employment. INFOCID (discussed in the introduction to this report) provides assistance to the unemployed. It comprises all the means, services, agencies and programmes which the State makes available to citizens to help them solve unemployment problems. These include a large number of legislative measures (some of which are mentioned below) designed to promote employment and vocational training.

155. Decree-Law No. 34/96 of 18 April establishes the conditions for granting financial support to private businesses which employ fewer than 50 people and hire young people (aged between 16 and 30) seeking their first job or the long-term unemployed.

156. Decree-Law No. 189/96 of 8 October provides for local employment projects designed to establish small businesses which have fewer than five workers and total investments of less than 12 million escudos, to be run by unemployed people, young people seeking their first job or workers at risk of unemployment.

157. Council of Ministers decision No. 154/96 of 17 September introduced a system for support to micro-enterprises (i.e. those employing no more than nine workers, which may take the form of individual entrepreneur, individual private company, corporation or cooperative) with investments of no more than 20 million escudos.

158. Ministerial Order No. 268/97 of 18 April provides for the organization of vocational training workshops to enable young unemployed people with an intermediate or advanced training background to participate in a vocational training programme in an authentic work context. Their aim is both to help the young people enter the labour market and to provide for a better transition between the educational system and working life. The workshops are open to young people from 16 to 30 years of age with advanced or intermediate skills who are either seeking their first job or are unemployed. The State determines the amount of the fellowship awarded to each beneficiary and undertakes to pay industrial injury insurance, a rental subsidy and travel expenses. The State also provides remuneration for the workshop organizer.

159. Ministerial Order No. 97/96 of 3 August establishes professional insertion units, i.e. organizations or services which cooperate with employment centres to provide young people with support in solving problems entering or reentering the workforce. The purpose of the units is to provide information and vocational guidance, as well as ongoing support, for young workers and young people seeking training and/or a job.

160. Ministerial Order No. 192/96 of 30 May introduced occupational programmes for unemployed people receiving unemployment insurance and those with verified economic difficulties. Under these programmes, unemployed people are provided with temporary community work not organized as formal jobs. The work is always performed in the context of employment projects promoted by non-profit agencies. It can never be used to fill existing vacancies, but must consist solely of community work.

161. Ministerial Order No. 416/96 of 24 August establishes rules governing the workshop schools providing young unemployed people or young people seeking their first job with the skills required for performing jobs in the liberal professions and environmentally related jobs. One of the goals of the programme is to create new jobs.

162. Council of Ministers decision No. 44/97 of 21 March introduced the Programme for the Integration of Young People into the Workforce. The Programme has four main components: information and academic and vocational guidance; education and vocational training; support for insertion into the labour force; and access to employment.

163. The legal basis for non-discrimination between men and women concerning conditions of work is article 13 of the Constitution in conjunction with article 59, which states that all workers, with no distinction whatsoever, shall be entitled to remuneration for their work, according to its quantity, nature and quality on the principle of equal pay for equal work, so as to guarantee them an appropriate livelihood.

164. According to article 59, workers are also entitled to the organization of work in conditions of human dignity that make for personal self-fulfilment. They are entitled to safe and healthy working conditions, rest and recreation, a limit the length of the working day, a weekly rest day, regular holidays with pay and material assistance when they are involuntarily unemployed.

165. Lastly, the State must fix a national minimum wage, limit the duration of work and provide protection for women during pregnancy and after childbirth, minors and disabled workers and those engaged in especially strenuous activity or working in unhealthy, toxic or dangerous conditions. The State is also required to develop a network of rest and holiday centres in cooperation with welfare services and to protect the working conditions and guarantee the social benefits of workers working abroad.

II. LEGISLATION ON EQUAL OPPORTUNITY FOR MEN AND WOMEN IN WORK AND EMPLOYMENT

166. This legislation basically consists of Decree-Laws No. 392/79 of 20 September for the private sector and No. 426/88 of 18 November for the civil service.

167. Decree-Law No. 392/79 guarantees women equality with men in terms of opportunity and treatment in work and employment, in fulfilment of the right to work established in the Constitution of the Portuguese Republic. This does not mean that discrimination against men is permitted: the provisions of this legislation also apply, with the necessary adjustments, to discriminatory situations and practices against men.

168. Article 2 of Decree-Law No. 392/79 defines a number of concepts. Discrimination is considered to be any distinction, exclusion, restriction or preference based on sex, whose goal or consequence is to jeopardize or deny the recognition, enjoyment or exercise of the rights guaranteed by the labour legislation.

169. An employer is considered to be any natural or legal person competent to conclude individual labour contracts for the performance of the work in question. Remuneration consists of any financial payments to which the worker is entitled under the individual labour contract, whether or not of a remunerative nature, made in cash or in kind (see E/1990/6/Add.6, para. 273).

170. Equal work is work performed for the same employer when the tasks performed are equal or objectively similar to the tasks established; work of equal value is considered to be work performed for the same employer when the tasks carried out are of a different nature, but are considered to be equivalent when measured against objective job evaluation criteria.

171. Pursuant to article 3, the right to work implies the absence of any discrimination based on sex, whether direct or indirect, in particular by reference to marital status or family situation. Temporary provisions establishing a preference based on sex are not considered to be discriminatory when the differentiation is necessary to correct a de facto inequality. Measures for the protection of motherhood as a societal value are also not considered to be discriminatory.

172. The remaining provisions of the Decree-Law develop the rules mentioned above in terms of the concepts established in the text (for more details, see E/1990/6/Add.6, paras. 90 to 92).

173. This legislation also introduces the Commission for Equality in Work and Employment (CITE), which has been made responsible to the above-mentioned Office of the High Commissioner for the Promotion of Equality and the Family (for more details about the CITE, see E/1990/6/Add.6, para. 93, as well as the section below).

174. Decree-Law No. 426/88 of 18 November extends the system described above to the civil service. Article 2 states that the Decree-Law is applicable to civil servants and employees of bodies directly or indirectly managed by the State, regional and local autonomous governments and social security bodies. The text reproduces the definitions listed in the 1979 Decree-Law. However, it adds a definition of the exercise of public service: functions exercised within entities managed directly or indirectly by the State, regional or local autonomous governments and social security bodies. Pursuant to article 7.1, female workers are guaranteed career development opport