The Committee on Economic, Social and Cultural Rights today concluded its review of the fifth periodic report of Portugal, with Committee Experts commending the Government’s response to the COVID-19 pandemic, and asking about measures to address high air pollution levels and child poverty.
Concerning the Portuguese Government’s response to the COVID-19 pandemic, one Committee Expert said the State party had introduced welcome measures to prevent suspensions of employment contracts and increase labour inspections. How effective had these measures been?
Asraf Ally Caunhye, Committee Expert and Country Rapporteur, said that, despite ambitious efforts to reduce carbon emissions, there had been over 5,000 deaths caused by air pollution in Portugal in 2020. Portugal had failed to comply with European Union air quality directives, and air pollution levels exceeded World Health Organization guidelines. What measures were in place to address environmental issues, and engage civil society in developing climate policies?
Mr. Caunhye said 48 per cent of children were reportedly at risk of poverty. Why was the rate so high? What measures were in place to reduce the rate of poverty and protect Covenant rights for the poorest segments of society?
Gabriel Bastos, Secretary of State for Social Security of Portugal and head of the delegation, introducing the report, said extraordinary measures had been adopted in response to the COVID-19 pandemic, including protections for employment contracts, direct and automatic financial support to families, extension of unemployment benefits and other social benefits, and regularisation of all migrants and asylum seekers with pending applications.
On poverty, the delegation said the family allowance had been increased to alleviate child poverty, which was 18.5 per cent. A Government programme was in place to identify vulnerable children and provide them with help in accessing health, education and other services. The Government had also increased the social integration allowance, broadened criteria for receiving this allowance, and increased allowances for the elderly population.
In concluding remarks, Mr. Caunhye said Portugal’s commitment to promoting human rights and Covenant rights was very encouraging. He noted that the dialogue had covered a wide range of topics deeply, and would inform the Committee’s concluding observations.
Mr. Bastos, in his concluding remarks, expressed Portugal’s full commitment to promoting all human rights, including economic, social and cultural rights. The Government aimed to create the conditions for all persons in Portugal to fulfil their goals and live a happy life. Portugal was proud of its achievements in defending economic, social and cultural rights. Many challenges remained in Portugal, Mr. Bastos said. Full implementation of human rights was an ongoing process, and the Government would continue to fight for those rights.
The delegation of Portugal was comprised of representatives from the Ministry of Foreign Affairs; Ministry of Justice; Ministry of Finance; Commission for Citizenship and Gender Equality; High Commission for Migration; Ministry of Education; Ministry of Labour, Solidarity and Social Security; Cabinet of the Secretary of State for Social Security; Ministry of Science, Technology and Higher Education; General-Directorate of Social Security; Institute of Employment and Professional Training; Ministry of Health; Institute of Housing and Urban Rehabilitation; and the Permanent Mission of Portugal to the United Nations Office at Geneva.
All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Webcasts of the meetings of the session can be found here, and meetings summaries can be found here.
The Committee will next meet in public at 3 p.m. on Monday, 20 February, to begin its consideration of the third periodic report of Yemen (E/C.12/YEM/3).
Report
The Committee has before it the fifth periodic report of Portugal (E/C.12/PRT/5).
Presentation of Report
Since the last review in 2014, Portugal had focused efforts on income recovery, the fair distribution of economic growth, the promotion of decent and quality work, and the fight against poverty. Extraordinary measures had been adopted in response to the COVID-19 pandemic, including protections for employment contracts, direct and automatic financial support to families, extension of unemployment benefits and other social benefits, and regularisation of all migrants and asylum seekers with pending applications. Under the Recovery and Resilience Plan, the Government would invest 16.6 billion euros in health, education, housing, culture and social responses to 2026. Further temporary measures had been implemented in response to the war in Ukraine, including raising the minimum wage, increasing social supports, freezing the price of public transport, and cutting taxes for families.
Portugal had implemented measures to promote equality between women and men, prevent violence against women and domestic violence, and combat discrimination based on sexual orientation, gender identity and sexual characteristics. The Government promoted women’s participation in public and political life and equal pay for women and men, and was combatting professional segregation. A plan to combat racism and discrimination and a strategy for the integration of Roma communities was in place. The National Statistical Institute was collecting disaggregated data by ethnic origin, which would be available by the end of 2023.
Portugal was one of the first countries to approve an implementation plan for the Global Compact on Migration Pact. The National and Local Migrant Integration Support Centres, which received all migrants regardless of their legal status, provided information on housing, employment, education and health services. The State had received 50,000 refugees from Ukraine who were granted social benefits, including family allowance and social income. Children had been enrolled in public schools and higher education.
Portugal had increased human resources in the courts, judicial police and prison system. It was working to digitise the justice system. In 2021, an anti-corruption strategy had been implemented and a new independent administrative authority established.
The unemployment rate in Portugal was at a historic low of 6 per cent; the employed population had reached 4.9 million people; the proportion of workers on non-permanent contracts had fallen by 5.5 per cent since 2015 to 16.5 per cent; and the population in poverty had fallen by 300,000 people compared to 2021. Free day care centres had been established, and the State had regulated telework and informal caregiving. The child benefit had been increased to reduce child poverty.
Parliament last week approved a set of proposals to improve the Labour Code, which regulated work on digital platforms and criminalised undeclared work. Last October, a medium-term agreement for the improvement of income, wages and competitiveness had been approved. This agreement established a national minimum monthly wage of up to 900 euros by 2026, provided incentives for companies to hire and increase wages, and promoted increases in young people’s incomes.
Recently, a National Housing Programme had been lodged in Parliament. Investment in housing would be considerable in the coming years, notably through the Recovery and Resilience Plan, which provided 3 billion euros in investment by 2026. Under the plan, the Government would expand public housing parks, and support housing access for middle income families and disadvantaged groups. In response to the inflationary crisis, the Government had limited the increase in rents to 2 per cent in 2023.
For every seven euros of public investment, one euro was invested in health. The Basic Health Law of 2019 and the National Health Plan, still under discussion, promoted a social approach to health and included the elimination of access fees. Portugal protected its public, universal and quality national health service, and aimed to ensure that everyone had a family doctor. A review of the Mental Health Law, which promoted community responses and the principle of autonomy, was underway. In 2000, Portugal had decriminalised acquisition, possession and consumption of drugs. By combatting stigmatisation and distributing methadone and sterile syringes, the State had managed to almost halve the number of cases of HIV and drug users between 2012 and 2022.
The education budget had been increased since 2015 by 35.8 per cent. This had had a positive effect, with the rate of school dropouts falling from 17.4 per cent in 2014 to 5.9 per cent in 2021. Supported by the Vocational Training and Qualification Agreement, one million professional certifications had been issued as of September 2022, and the participation rate in lifelong learning had increased 4.1 per cent between 2015 and 2022. A programme to reduce dropout from higher education as well as a mental health promotion programme were planned. The Government had also implemented a programme granting scholarships to Roma students and was reforming the affordable student housing programme.
Questions by Committee Experts
What had been done to address the concerns of the Global Alliance of National Human Rights Institutions regarding the selection of members of the national human rights institute?
Why had the draft action plan on business and human rights not been adopted yet? How did the State party ensure that business entities complied with human rights obligations overseas? How were these entities monitored? What legal remedies were available to victims of human rights abuses by business entities?
Portugal was vulnerable to the effects of climate change. Despite ambitious efforts to reduce carbon emissions, there had been over 5,000 deaths caused by air pollution in Portugal in 2020. Portugal had failed to comply with European Union air quality directives. What measures were in place to address environmental issues, and engage civil society in developing climate policies? What progress had been made in achieving the Paris Agreement emissions targets? How did the State party ensure that overseas business activities did not impact the climate of host countries?
Forty-eight per cent of children were reportedly at risk of poverty. What was the rate for the general population? Why was the rate so high? What measures were in place to reduce the rate of poverty and protect Covenant rights for the poorest segments of society? What measures were in place to address the effects of pandemic measures on disadvantaged segments of society? Was Government spending on Covenant rights adequately adjusted for inflation?
What measures were in place to ensure access to Covenant rights for members of the Roma community and for people of African descent? How was the participation of Roma women and girls in society encouraged? How did the Government ensure that all victims of discrimination were adequately compensated? What effect had the identity card system had on the Roma community? What efforts had been made to develop legislation on collecting data on ethnicity? What had been the outcome of the survey on xenophobia at work?
The Expert noted with appreciation the national strategy on equality and its action plan for equality between women and men. However, stereotypes on the cultural roles of men and women perpetrated gender inequality. Women’s average salaries were 14 per cent lower than those of men, and women had lower digital literacy and access to technology. What measures were in place to eliminate gender stereotypes and promote increased representation of women in managerial roles? Women performed the majority of unpaid care work. What measures were in place to reduce their burden?
The Committee welcomed measures to support asylum seekers from Ukraine. What measures had been taken to increase the efficiency of asylum procedures? Had the immigration department been provided with sufficient resources to respond to asylum requests in a timely manner?
The delegation said the higher courts had jurisprudence over Covenant issues, although lower courts also invoked it. The Bar Association carried out training on human rights for lawyers and the Portuguese Magistrates School also promoted initial and lifelong training for judges, prosecutors and other members of the judiciary. State legislation applied to the entire country, including autonomous regions.
The Ombudsman was not nominated by the Government, but was elected by the Assembly of the Republic. Members of the Ombudsman’s office staff were nominated by the Ombudsman.
There was a need to improve article 240 of the Criminal Code in line with international recommendations. The State intended to criminalise and penalise all forms of discrimination in revised legislation. Law 61/2021 was also not ideal, as it required the Roma community to submit documentation on residency to obtain a citizen’s card. The State would review the system for applying for a citizen’s card.
Legal fees were subsidised for victims of domestic violence with limited resources. Complaints made under the Optional Protocol were lodged through civil society organizations. Claims related to the restriction of economic, social and cultural rights could be brought to all courts in Portugal.
The Government had recently created a two-week training programme for civil servants on human rights that introduced the work of treaty bodies and their complaints mechanisms.
The national plan on business and human rights was currently being developed, and public consultations on it would be held soon. The plan would be based on international and regional directives. Portugal was deeply committed to negotiations on an international treaty on transnational corporations and human rights.
A survey on income had been carried out in 2022. There had been a drop in the overall percentage of people at risk of poverty, from 18 to 16 per cent, and for children from 20.4 to 18.5 per cent. Three regions had seen an increase, including the two autonomous regions. In response, the Azores region had developed its own intervention policy. There were national strategies and action plans aiming to address youth and overall poverty, boost qualifications, promote integration in society, and develop local areas. The Government did not intend to reduce its spending, despite its efforts to address public debt. The family allowance had been increased to alleviate child poverty. A Government programme was in place to identify vulnerable children and provide them with help in accessing health, education and other services. The Government had also increased the social reintegration allowance, broadened criteria for receiving this allowance, and increased allowances for the elderly population.
Within the scope of the commemorations of the Decade of People of African Descent, the Government had defined an Action Plan with measures and initiatives to tackle discrimination against persons of African descent. Under the Government strategy supporting the Roma community, grants were provided for Roma children and youths to attend primary, secondary and higher education. At least 40 per cent of grants went to women and girls. An online course on combatting racism had been developed. The Government planned to establish an observatory on racism and xenophobia. Migrant support centres brought services for migrants under one roof. Four national centres had been established.
Portugal had been working to eliminate gender stereotypes through education for over 40 years. Since 2017, a programme had been implemented to encourage girls to take up science and technology studies. Another programme promoted equality in workforce education. A parity law had been implemented that introduced a quota of 40 per cent for female representation in management roles in public and political bodies. Women’s representation on the boards of large private companies had increased to 31 per cent.
Questions by a Committee Expert
A Committee Expert said that the State party had adopted a COVID-19 recovery plan that contained policies supporting employment. What measures were in place to support access to employment for minorities and disadvantaged groups? There was a lack of data on access of the Roma community to the labour market. The Expert was concerned about the low level of representation of persons with disabilities in the labour market. What support measures were available for this group?
Portugal had introduced welcome measures to prevent suspensions of employment contracts and increase labour inspections. How effective had these measures been? Sexual harassment in the workplace was persistent. What measures were in place to address the phenomenon? The pandemic had exacerbated the availability of social security, and the level of social benefits remained low. How did the State intend to support access, particularly for minorities, and further increase social benefits? Portugal had yet to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. When would it ratify this Convention?
Responses by the Delegation
The delegation said the youth unemployment rate was high at 19 per cent in 2022, but had fallen from around 40 per cent in 2015. A compact had been signed with 50 businesses to increase the percentage of young people in permanent employment. The compact also bolstered occupational training for young people, and incentivised businesses that employed young people. The Government had reduced the number of temporary contracts that a business could offer to four. Paid work experience was offered to students. Last week, labour legislation was reformed to criminalise undeclared work.
The Labour Inspectorate had established a hotline for reporting workplace issues. In 2021, the Inspectorate had provided information for 300,000 workers. It had conducted 39,000 inspections in 2021, providing notifications to workplaces on changes that were required. The Inspectorate also had the power to issue suspensions of work. Some 10,000 violations had been identified in 2021, and necessary response measures had been implemented. Around 538 warnings and 60 sanctions had been applied in all matters regarding equality and non-discrimination. The Government took measures to regularise workers in the informal sector. The inspectorate had carried out various activities to identify migrant workers and violations of their rights. Migrant workers could contact authorities if labour legislation was not complied with.
Vocational training was provided to persons with disabilities, and the Government provided financial incentives to companies that employed persons with disabilities. Legislation passed in 2001 for the public sector and in 2019 for the private sector introduced quotas for the employment of persons with disabilities. In 2021, a National Strategy for the Inclusion of Persons with Disabilities was approved.
Three billion euros in social support payments were provided to workers who were unable to work during lockdown periods. Migrant workers were also provided with social security protections and pensions.
Prizes were given to companies that hired more than five members of the Roma community. Personal employment plans were developed for Roma persons to promote their integration into the labour market. More than 1,300 plans had so far been developed.
A 2017 law supported an increase in the representation of women in company management roles from 17 to 31 per cent. In June 2019, Parliament approved article 164 of the Criminal Code, which broadened the definition of rape. This legislation was currently being reviewed to criminalise gender-based violence. Article 29 of the Labour Code prohibited workplace discrimination, and required that companies implemented a code of conduct defining harassment and advising employees of mechanisms for filing complaints. In 2021, 19 infractions of harassment had been registered by the Labour Inspectorate. The Inspectorate provided workshops for companies on preventing workplace harassment.
The International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families was the only core human rights treaty that Portugal had yet to ratify. There was a common understanding amongst members of the European Union not to ratify this Convention, as part of the measures in the Convention fell under the European Union’s competency. However, most of the measures in this Convention were covered by domestic legislation.
GABRIEL BASTOS, Secretary of State for Social Security of Portugal and head of the delegation, said that changes to the Labour Code were intended to combat job insecurity for vulnerable segments of the population, including migrant workers. There had been sustained increases in contributions to the social security sector in recent years. This reflected the increase in formal jobs. Protections for persons working in the informal sector had also been strengthened. Migrant workers contributed around 30 per cent of social security payments.
Questions by Committee Experts
MOHAMED EZZELDIN ABDEL-MONEIM, Committee Chair, said that the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families was an integral part of human rights law. More accession to the Convention would strengthen the rights of migrant workers globally.
Another Committee Expert added that international human rights standards were continually evolving. Treaty body Committees promoted the universalisation of these standards.
