| The State Department web site below is a permanent electronic archive of information released prior to January 20, 2001. Please see www.state.gov for material released since President George W. Bush took office on that date. This site is not updated so external links may no longer function. Contact us with any questions about finding information. NOTE: External links to other Internet sites should not be construed as an endorsement of the views contained therein. |
TITLE: PORTUGAL HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
PORTUGAL
The Republic of Portugal is a parliamentary democracy with a
President, a Prime Minister and a Legislative Assembly freely
elected by secret ballot.
Internal security is primarily the responsibility of the
Ministries of Justice and Internal Administration. Security
forces are controlled by, and responsive to, the Government.
Portugal has a market-based economy and is a member of the
European Union. An increasing proportion of the population is
employed in services, while employment in agriculture continues
to decline, and has been static or declining slightly in the
industrial sector.
Citizens enjoy a broad range of civil and other human rights.
Civil rights are outlined in the Constitution with specific
reference to the Universal Declaration of Human Rights. An
Ombudsman, chosen by the Assembly of the Republic (legislature)
to serve a 4-year term, is Portugal's chief civil and human
rights officer. Any citizen may apply to the Ombudsman for
relief. The Ombudsman receives about 3,000 complaints
annually, most of them concerning cases of alleged
maladministration by the bureaucracy or delays in the judicial
process. The principal human rights problem concerns credible,
though limited, reports of beatings of detainees or prisoners
by police or prison personnel. The Government, criticized for
being slow to investigate such reports, has dismissed or
forcibly retired some officials found guilty of such abuse (see
Section 1.c.).
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no known instances of government-sanctioned
political or other extrajudicial killings. No killings were
attributed to any domestic terrorist groups.
b. Disappearance
Government or police authorities do not abduct, secretly
arrest, or otherwise illegally detain persons.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution forbids torture, inhuman or degrading
treatment or punishment, and the use of evidence obtained under
torture in criminal proceedings. The Ombudsman investigates
complaints of mistreatment by police and prison authorities.
In 1994 the Government and Amnesty International (AI) continued
their dialog on allegations of police brutality in Portugal.
The AI annual report added three new allegations of police
mistreatment of detainees. Three previous AI cases were
reported as apparently resolved by disciplinary action,
although in some the disciplined agents were appealing the
action. AI and the U.N. Committee Against Torture lamented the
delay in investigating such allegations.
In January a delegation of the Council of Europe's Committee
for the Prevention of Torture and Inhuman or Degrading
Punishment (CPT) visited police and prison establishments in
response to allegations of maltreatment of detainees and
prisoners. The CPT's report, issued in July, found the
allegations to be corroborated. It recommended corrective
steps such as improving detainees' access to counsel and to
medical treatment. In response, the Government admitted to
some problems with control and supervision of police officers;
but it characterized the operation of the public security
forces as positive overall, and said violations of citizens'
rights by the security forces were "exceptional cases." The
Government established a continuing dialog with the CPT.
d. Arbitrary Arrest, Detention, or Exile
Under the law, an investigatve judge determines whether an
arrested person should be detained, released on bail, or
released outright. Persons may not be held more than 48 hours
without appearing before an investigating judge. Investigative
detention is limited to a maximum of 6 months for each
suspected crime. If a formal charge has not been filed within
that period, the detainee must be released. In cases of
serious crimes (e.g., murder or armed robbery), or more than
one suspect, investigative detention may be for up to 2 years
and may be extended by a judge to 3 years in extraordinary
circumstances. A suspect in preventive detention must be
brought to trial within 18 months of being formally charged.
If the suspect is not in detention, there is no specified
period for going to trial. A detainee has access to lawyers;
the State assumes the cost if necessary.
The judicial system has been much criticized for a large
backlog of pending trials.
Exile and incommunicado detention are illegal and not practiced.
e. Denial of Fair Public Trial
Portugal has an independent and impartial judicial system. All
trials are public except those which may offend the dignity of
the victim, such as in cases of sexual abuse of children. The
accused is presumed innocent. In trials for serious crimes, a
panel of three judges presides. For lesser crimes, a single
judge presides. At the request of the accused, a jury may be
used in trials for major crimes; in practice, requests for jury
trials are extremely rare.
Portugal holds no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution forbids forced entry into homes and searches
without a judicial warrant. In addition, entry into a person's
home at night requires the consent of the occupant. The
Government may intercept private correspondence, or make
wiretaps, only on the basis of a court order.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press is provided for in the Constitution
and respected by the State. The constitutionally mandated High
Commission for Social Communication acts to protect this
freedom; its members, chosen by the Government and the Assembly
of the Republic, make recommendations to the Assembly and have
enforcement powers. The law provides that a person may be
prosecuted for insulting certain state authorities if the
insult is intended to undermine the rule of law; there were no
known prosecutions on this basis in 1994.
The State owns two television channels, and two are privately
owned. The Government does not directly control the
state-owned channels, but it wields considerable influence
through personnel appointments. Opposition parties sometimes
charge that state network with political bias; station news
directors deny this. The law gives all political parties, even
relatively tiny ones, the right to use "antenna time" during
prime hours, and all do so. More than 250 local privately
owned radio stations are now on the air. There is no press
censorship. All newspapers are privately owned.
Academic freedom is respected.
b. Freedom of Peaceful Assembly and Association
The law provides for this freedom, and the authorities respect
these provisions. Public meetings or protests require 24-hour
advance notice to the civil governor of the region. Permission
is routinely granted. The official registration of a new
political party requires 5,000 signatures.
The law prohibits Fascist organizations. Some small, extreme
rightwing groups hold meetings and run candidates for public
office without interference. In January the Constitutional
Court refused to rule on whether the rightwing National Action
Movement (MAN) was Fascist and should be banned; the Court
ruled that the organization had dissolved itself during the
course of the Court's consideration. The question had been
raised by the Attorney General, after the involvement of some
MAN members in violent acts.
c. Freedom of Religion
Portugal does not have a state religion, and the Government
does not interfere with the free practice of religion.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution provides for the right of freedom of movement,
foreign travel, and emigration. There are no restraints on
domestic travel or on the right of a citizen to change
domicile. Citizenship is not revoked for political reasons.
Displaced persons who qualify as refugees (as defined by the
International Convention Relating to the Status of Refugees)
are entitled to permanent resident status and work permits.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Portugal is a multiparty, parliamentary democracy. Candidates
for president or for legislative, regional, or municipal
offices are freely nominated and are elected by secret ballot
on the basis of universal suffrage.
Elections to the unicameral Assembly of the Republic are held
at least once every 4 years. The President has a 5-year
mandate and may not serve more than two consecutive terms.
Women and minorities participate in the political process
without formal restriction. Women hold 24 of 230 seats in the
Assembly, including the Vice Presidency of that body.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Local and international human rights groups operate freely.
The Government cooperates with independent outside
investigations of human rights conditions, responds to the
findings of such investigations, and actively participates in
the monitoring of human rights by the Council of Europe.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution forbids discrimination based on ancestry, sex,
race, language, territory of origin, religion, political or
ideological convictions, education, economic situation, or
social condition.
Women
Women's groups have drawn increasing attention to the largely
hidden problem of domestic and other violence against women.
The law provides for criminal penalties in cases of violence by
a spouse. Traditional societal attitudes discourage many
battered women from recourse to the judicial system. Women's
groups complain that Portugal lacks institutions established
specifically to provide relief to battered women. The judicial
system shows no apparent reluctance to prosecute suspects
accused of abusing women.
The Civil Code provides for full legal equality for women.
Sexual harassment, an issue gaining public attention, is
covered in the Penal Code as a sex crime, but only if
perpetrated by a superior and in the workplace. As in the case
of violence, socially ingrained attitudes discourage many women
from taking advantage of their legal protection in this area.
Women are increasing their representation in universities,
business, science, government, and the professions.
Traditional attitudes of male dominance persist but are
changing gradually. The Commission for the Equality and Rights
of Women, an official organization under the Ministry of
Employment and Social Security, is a leading and effective
advocate of women's rights.
Children
The Government is committed to the rights and welfare of
children, and has established mechanisms to protect children.
The responsible governmental entity, the Institute for Support
of Children, complains that it has not been allocated adequate
funds to fulfill its responsibilities. Most of its funds are
spent on campaigns publicizing abuse of child labor, which
occurs mainly in low-technology, home-based industries (see
Section 6.d.).
National/Racial/Ethnic Minorities
The principal minority groups are immigrants, legal and
illegal, from Portugal's former African colonies; there is also
a resident Roma population. African immigrants continued to
organize to protest what they perceive as racism in Portugal.
The Government continued to deny that significant racist
offenses have been occurring, while the press continued to
report occasional racially motivated incidents apparently
perpetrated by small, unorganized skinhead groups. The police
pursue such incidents as vigorously as they pursue other crimes.
People with Disabilities
There is no discrimination against disabled persons in
employment or in provision of state services. Their access to
public facilities is mandated by legislation, which is
generally complied with. There is no such legislation covering
private businesses or other facilities.
Section 6 Worker Rights
a. The Right of Association
Workers in both the private and public sectors have the right
to associate freely and to establish committees in the
workplace "to defend their interests." The Constitution
provides for the right to establish unions by profession or
industry. Trade union associations have the right to
participate in the preparation of labor legislation. Strikes
are permitted for any reason, including political causes; they
are common, and generally are resolved through direct
negotiations. The authorities respect all provisions of the
law on labor's rights.
There are two principal labor federations. Unions function
without hindrance by the Government, and are closely associated
with political parties. The labor movement exercises
significant influence on social and economic policymaking.
b. The Right to Organize and Bargain Collectively
Unions are free to organize without interference by the
Government or by employers. Collective bargaining is
guaranteed by the Constitution and practiced extensively in the
public and private sectors.
Collective bargaining disputes rarely lead to prolonged strike
action. Should a long strike occur in an essential sector such
as health, energy, or transportation, the Government may order
the workers back to work for a specific period. The Government
has rarely done so, in part because most strikes are limited to
periods of 1 to 3 days. The law requires a "minimum level of
service" to be provided during strikes in essential sectors,
but this has been infrequently applied. When it has been
applied, minimum levels of service have been established by
agreement between the Government and the striking unions,
although unions complain the levels have been too high. When
collective bargaining fails, the Government may appoint a
mediator, at the request of either management or labor.
The law prohibits antiunion discrimination, and the authorities
respect this prohibition. Complaints are promptly examined by
the General Directorate of Labor.
Portugal has no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced labor is prohibited and does not occur.
d. Minimum Age for Employment of Children
The minimum employment age is 15 years. It is to be raised to
16 when the period of 9 years of compulsory schooling takes
effect on January 1, 1997. The two main labor federations, and
observers from other European countries, have charged that a
number of "clandestine" companies in the textile, shoe, and
construction industries exploit child labor.
The Government's General Labor Inspectorate, which is
responsible for enforcement of child labor laws, admits that
thousands of children under age 15 are employed illegally, but
says the number is declining. The Inspectorate's funding has
been increased, and the number of inspectors and inspections
continues to grow. The Inspectorate has levied increasingly
large fines on employers who use child labor.
Union observers agree that the number of illegally employed
children in Portugal is falling, but they attribute this to the
general rise in unemployment. Unions are entering into local
alliances with church groups, citizens groups, and local
government bodies to attack the multiple causes of child
labor. While some improvements have been effected, the
Government does not allocate resources sufficient to address
the problem fully.
e. Acceptable Conditions of Work
Minimum-wage legislation covers full-time workers, as well as
rural workers and domestic employees age 18 or over. The
current minimum monthly wage of about $320 (49,500 escudos) is
generally enforced. Even with rent control and various social
assistance subsidies, it is difficult for a single-income
family to maintain a decent standard of living on the minimum
wage, particularly in urban areas.
Current legislation limits regular hours of work to 8 hours per
day and 44 hours per week, but agreement has been reached in
principle to reduce the workweek to 40 hours by 1995.
Implementation remains under discussion in connection with
other broad issues affecting labor. Overtime is limited to 2
hours a day, up to 200 hours annually. Work during what is
normally a day off is restricted to 8 hours. These limits are
respected in practice. Workers are guaranteed 30 days of paid
annual leave per year. The Ministry of Employment and Social
Security monitors compliance through its regional inspectors.
Employers are legally responsible for accidents at work, and
are required by law to carry accident insurance. Portugal has
developed a body of legislation that regulates safety and
health, but labor unions continue to argue for stiffer
legislation. The General Directorate of Hygiene and Labor
Security develops safety standards, and the General Labor
Inspectorate is responsible for enforcement; but the
Inspectorate lacks sufficient funds and inspectors to combat
the problem effectively. Accidents average between 70,000 and
75,000 per quarter. A relatively large proportion are in the
construction industry. Poor environmental controls in textile
production also cause considerable concern. While the ability
of workers to remove themselves from situations where these
hazards exist is limited, it is difficult to fire workers for
any reason. Workers injured on the job rarely initiate
lawsuits.
(###)
[end of document]
Return
to 1994 Human Rights Practices report home page.
Return to DOSFAN
home page.
This is an official U.S. Government source
for information on the WWW. Inclusion of non-U.S. Government links
does not imply endorsement of contents.