The Centre for Social Studies (CES) of the University of Coimbra, through its Permanent Observatory for Justice (OPJ), has just released another study on the promotion and protection of fundamental rights in Portugal, under the contract signed with the European Union Agency for Fundamental Rights (FRA), which integrates the FRA «Fundamental Rights Report 2023» [CHECK].

The Portuguese report [CHECK] condenses the analysis developed on public policies and measures aimed at the promotion and protection of fundamental rights in various areas, highlighting issues such as racism and xenophobia, asylum and immigration, equality and non-discrimination, children's rights, among others.

Two relevant conclusions emerge with divergent impact on the enforcement of fundamental rights. The first concerns the dynamism of civil society in some areas, even when public policies have not taken significant steps, as is the case of initiatives in several cities of the country that have given great visibility to the issue of equality and antidiscrimination of LGBTQI+ people in Portugal. The second denounces the low mobilisation of the courts in the enforcement of fundamental rights. For example, despite various studies and indicators pointing out a problem racism in Portuguese society, it was not possible to identify, in the year 2022, a relevant judicial decision by the higher courts on racial discrimination. This absence poses particular challenges to public policies in order to create conditions that will strengthen the role of the courts in the enforcement of fundamental rights.

From the analysis of the policies and measures, we highlight the following:

(a) The training programme on issues related to the LGBTI theme aimed at security forces officers (police officers, prison guards and officers of the foreign and border services), within the framework of promoting equality and combating all forms of discrimination, emerges as particularly relevant

b) Recommendation 2/2022, of 29 June, which aims to contribute to the construction of a more inclusive school. Among other measures, it is highly recommended the importance of teacher training on intercultural, linguistic, ethnic and social diversity and combating racism and ethnic and racial discrimination.

c) In the field of Asylum and Immigration, the various alterations to the “Aliens Act” - Law 23/2007 of 04 July, by Law 18/2022 of 24 August, should be highlighted, namely those aimed at increasing the efficiency of the Schengen system, for example, in the protection against the unauthorised displacement of children.

d) Regarding access to justice for victims of crime, the Guideline 001/2022 of the Directorate-General of Health seeks to take a significant step forward in the adoption of common rules (e.g. single clinical record model), by institutions and health professionals, in the prevention and action in case of victims of violence, with emphasis on victims of domestic violence.

The report on Portugal was prepared by a team from CES/OPJ, composed by Conceição Gomes (coordinator), Carla Soares, Carlos Nolasco, Carolina Carvalho, Diana Barros, Fernando Fontes, Maria Pieri, Marina Henriques and Paula Fernando

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Documents:

«Fundamental Rights Report 2023» | EUROPEAN UNION

«Fundamental Rights Report 2023» | PORTUGAL