1. The Committee
considered the fourth and fifth periodic reports of Portugal (CEDAW/C/PRT/4)
and (CEDAW/C/PRT/5) at its 534th and 535th meetings, on 18 January
2002 (see CEDAW/C/SR.534 and 535).
I. Introduction by the State party
2. In introducing
the fourth and fifth periodic reports, the representative of Portugal
emphasized her country's commitment to the attainment of equality
between women and men as an integral part of its respect for democracy.
De jure equality was a reality in Portugal, but work had to be
done to achieve de facto equality. Measures to achieve equality
had been placed under the direct supervision of the Prime Minister
in 1995 and, in 1996, the post of High Commissioner for Equality
and Family had been created. In 1999, the post of Minister for
Equality had been established and its functions absorbed by the
Minister of the Presidency. In July 2001, the post of Secretary
of State only for Gender Equality had been created and placed
in the portfolio of the Deputy Minister to the Prime Minister.
3. As a measure
of Portugal's commitment to strengthening the implementation of
the Convention and other international instruments, ratification
of the Optional Protocol had been approved by Parliament, and
the amendment to article 20, paragraph 1, of the Convention had
been accepted.
4. The representative
stressed that the issue of de facto equality was a concern for
the Government, and it was imperative to strengthen women's and
men's balanced participation in society, particularly in the areas
of labour, decision -making, family and social protection, and
education and to eliminate prevailing gender stereotypes. Obstacles
linked to traditional stereotyping had hampered efforts to achieve
full equality between women and men and the implementation of
the Convention. Two draft laws to achieve equality in political
participation at all levels, and to provide paid paternity leave
had been introduced in 2001, but because of the political changes
in Portugal, they would not be adopted during the current parliamentary
period.
5. Many legislative
and policy changes, as well as plans and programmes to achieve
equality between women and men, had been introduced. In May 2001,
legislation providing the Commission for Equality in Work and
Employment (CITE) and the General Labour Inspection with additional
powers, in particular with regard to investigation of sex-based
discrimination in the workplace, employment and in vocational
training programmes had been enacted. A second law requiring that
the Government provide Parliament with an annual report on the
status of equality in employment, the workplace and vocational
training programmes had also been enacted. The collection of gender
-sensitive information and data had improved and publications,
awareness-raising campaigns, seminars and training on gender equality
had contributed to better understanding by the public of gender
equality issues.
6. The representative
noted that her country had almost completed the elaboration of
the Second National Plan for Equality between women and men following
the objectives established in the Law on General Principles for
2002. This Law and the Plan envisaged restructuring the Commission
for Equality and Women's Rights (CEWR) and the CITE. The Deputy
Minister to the Prime Minister had indicated that the next budgets
would be gender-based.
7. The representative
emphasized the positive impact in Portugal of the outcome of the
Fourth World Conference on Women, in particular with regard to
the policies of the Governments elected in 1995 and 1999. She
highlighted the constitutional amendments adopted in 1997, which
included the promotion of equality between women and men as a
basic State responsibility, noting that that provided the necessary
legal basis for affirmative actions. Other amendments related
to the inclusion in the chapter of rights, liberties and guarantees,
legal protection against all forms of discrimination; recognition
of the right to reconcile professional and family life for all
workers; and consideration that direct and active participation
in political life by men and women was a condition of the democratic
system and that the law should ensure the promotion of equality
in the exercise of civil and political rights and access to public
office free of sexbased discrimination.
8. The representative
described a series of plans and programmes based on the principles
of the Beijing Platform for Action, which included: the 1997 Global
Plan for Equal Opportunities, which created the Observatory for
Equalit y in Collective Bargaining, which had may be a very important
tool in the reduction of salary discrimination; and the 1999 National
Plan against Domestic Violence. In 1999, the law on maternity
and paternity protection had been amended to provide, inter alia,
fathers with five days of paid leave during the first month of
a child's life and 15 days of paid leave to be taken after maternity
or paternity leave. The amended law also provides for two hours
of breastfeeding breaks daily and an entitlement for either the
mother or the father to take an two hours a day from work to feed
a child during its first year. Legislation had extended paid maternity
leave to 120 days and increased the penalties for employers who
discriminated on the basis of sex or violated t he maternity/paternity
protective measures.
9. The representative
noted that Portugal had benefited from its membership in the European
Union and had introduced a series of initiatives while it had
held its presidency, namely promoting all aspects of equal opportunities,
facilitating the reconcilation of work and family life and aiming,
in particular, at increasing the number of women in employment
to 60 per cent by 2010, and various conferences on measures to
eliminate domestic violence and reconcile professional and family
life. Special attention had also been given to the coordination
of the European Union's contribution to Beijing+Five process and
the review of the International Labour Organization Convention
concerning Maternity Protection.
10. The representative
noted that non -governmental organizations had greatly contributed
to the advancement of women, both as individual associations and
collectively as members of the Consultative Council within the
Commission for Equality and Women's Rights (CIDM). Between 1991
and 2001, the number of non -governmental organizations had increased
from 24 to 49, and government subsidies for non-governmental organizations
had increased fivefold.
11. Pursuant
to the Beijing Platform for Action, Portugal had addressed vio
lence against women through the adoption of various measures,
such as the creation of 24 hour, seven-day -a-week free help line,
and the establishment of a network of reception centers for women
victims of domestic violence. A formal complaint from the vict
im of domestic violence was no longer a precondition for prosecution,
indemnities to women victims of domestic violence had been introduced,
police training had been carried out and specific victim-friendly
locations in police stations for victims of domes tic violence
had been set aside.
12. In concluding
her presentation, the representative indicated that inequality
between women and men continued to be felt in Portugal despite
legal reform and the adoption of international obligations. However,
she expressed the view that, since the causes of the inequality,
which had caused such harm to women in public life and men in
the private sphere, had been identified, effective measures that
eliminated structural inequalities between women and men could
be introduced.
II. Concluding comments of the Committee
Introduction
13. The Committee
expresses its appreciation to the State party for submitting its
fourth and fifth periodic reports. It commends the State party
for the written replies to the issues rais ed by the pre -session
working group, the supplementary information submitted to the
Committee and the State party's oral presentation, which provided
additional information on the current situation of the implementation
of the Convention in Portugal.
14. The Committee
commends the State party on its delegation, headed by the Secretary
of State for Equality, and including officials from various branches
of the Government. The Committee notes that governmental action,
including the Global Plan for Equal Oppo rtunities, is placed
within the context of the provisions of the Convention and the
implementation of the Beijing Platform for Action.
Positive
aspects
15. The Committee
commends the Government of Portugal on its commitment to achieving
equality and equal opportunities for women, reflected in the progress
it has made in implementing the Convention since the consideration
of the third periodic report in 1991. The Committee notes with
appreciation the range of laws, institutions, policies, plans
and programmes put in place to address discrimination against
women in Portugal.
16.The Committee
welcomes the amendments to the Constitution adopted in 1997, which,
inter alia, established the promotion of equality between women
and men as a fundamental task of the State. The Committee also
welcomes other legislative reforms, including those relating to
maternity and paternity leave.
17. The Committee
welcomes the 1998 revision of the Penal Code which made violence
against women a public offence, rendered police investigation
of such offences mandatory and criminalized sexual harassment
in the workplace.
18. The Committee
notes with satisfaction the high level of women's educational
achievement and the increasing diversification in the types of
studies pursued by women. The Committee commends the State party
on its efforts to recruit women into the police forces and on
its system to disseminate information on violence against women.
19. The Committee
commends the State party for recognizing stereotypical attit udes
as a major source of women's continuing disadvantage and welcomes
the different means to address such attitudes, including awareness-raising
campaigns and emphasis on shared responsibility in the family.
20. The Committee
commends the State party for having accepted the amendment to
article 20, paragraph 1, of the Convention, and welcomes the steps
taken towards ratification of the Optional Protocol.
Factors
and difficulties affecting the implementation of the Convention
21. The Committee
notes that there are no significant factors or difficulties that
prevent the effective implementation of the Convention in Portugal.
Principal
areas of concern and recommendations
22. The Committee,
while noting the wealth of information concerning laws, policies,
plans and programmes designed to ensure compliance with the Convention,
is nonetheless concerned at the general absence of assessment
and impact of those measures on women.
23. The Committee
requests the State party to provide, in its next report , information
on the assessment and impact of all laws, policies, plans, programmes
and other measures taken to eliminate discrimination against women
in all areas of their lives. The Committee also requests the Government
to set time frames within which it intends to achieve its goals.
24. While
recognizing the efforts made by the State party to integrate a
gender perspective into all policies, the Committee is concerned
about the limited resources available for the machinery responsible
for gender equality.
25. The Committee
urges the State party to increase the financial and human resources
available for the machinery and all policies and programmes to
eliminate discrimination against women.
26. While
recognizing the State party's efforts to address the p roblem
of stereotypes relating to the roles of women in the family and
society, the Committee remains concerned at the persistence of
these stereotypes and the continuing stereotypical portrayal of
women in the media.
27. The Committee
calls upon the Stat e party to strengthen measures to change stereotypical
attitudes about the roles and responsibilities of women and men,
including awareness-raising and educational campaigns directed
at both women and men, as well as the media, in order to achieve
de facto equality between women and men. It further calls on the
State party to encourage the media to contribute to the societal
efforts at overcoming such attitudes, and to create opportunities
for a positive, non -traditional portrayal of women.
28. While
welco ming the measures taken to combat violence against women,
including the revisions to the Penal Code providing for the crime
of ill-treatment of a spouse or partner and for violence against
women to be a public offence, the adoption in 1999 of the National
Action Plan to Fight Domestic Violence, and the activities under
the INOVAR (innovate) Project, the Committee is concerned about
the continuing problem of violence against women, especially domestic
violence, and the small number of prosecutions and convictions
of offenders.
29. The Committee
urges the State party to ensure the systematic implementation
of the national action plan and all laws and other measures relating
to violence against women, and to monitor their impact. The Committee
calls on the State party to take measures aimed at creating zero
tolerance for such violence, and to make it socially and morally
unacceptable. The Committee further recommends that the State
party strengthen measures to sensitize the judiciary and law enforcement
personnel to all forms of violence against women that constitute
infringements of the human rights of women under the Convention.
30. The Committee
is concerned that incest is not defined explicitly as a crime
under the Penal Code but is dealt with merely indirect ly under
a number of different penal provisions.
31. The Committee
urges the State party to include incest as a specific crime in
the Penal Code so as to make it easier for women and girls who
are victims of incest to have access to effective means of red
ress and protection.
32. The Committee
is concerned about the increase in the incidence of trafficking
in women and girls.
33. The Committee
urges the State party to increase efforts at cross-border and
international cooperation, especially with countries of origin
and transit as well as with neighbouring receiving countries,
to collect data, reduce the incidence of trafficking, prosecute
and punish traffickers, and ensure the protection of the human
rights of trafficked women and girls. It calls on the State party
to ensure that trafficked women and girls have the support that
they need so that they can provide testimony against their traffickers.
It also urges that training of border police and law enforcement
officials provide them with the requisite skills to recognize
and provide support for victims of trafficking.
34. The Committee
is concerned about the low participation of women in elected and
appointed bodies, including as members of parliament and local
assemblies, government ministers and secretaries of state, mayors,
and high -ranking judges and diplomats.
35.The Committee
urges the State party to take measures to increase the representation
of women in elected and appointed bodies through, inter alia,
the implementation of temporary special measures, in accordance
with article 4, paragraph 1, of the Convention in order to realize
women's right to participation in all areas of public life and,
particularly, at high levels of decision -making.
36. The Committee
is concerned about the persistence of the level of illiteracy,
and that older women constitute a disproportionate number of illiterates.
37.The Committee encourages the State party to develop programmes
specially designed to reduce female illiteracy.
38.The Committee
is concerned at the evidence of women's occupational segregation,
that the gap between women's and men's wages in the private sector
is worsening and at the high percentage of women amongst unpaid
family workers. It is also concerned at the lack of sex-disaggregated
data on these matters in respect of the public and private sectors.
39.The Committee
urges the State party to collect sexdisaggregated date on women's
vertical segregation in public and private employment. It also
urges the State party to facilitate legal action by women and
women's non-governmental organizations on these matters.
40. The Committee
is concerned at the apparent lack of legal actions or court decisions
where the
Convention and/or Constitution have been used to claim the right
of equality and obtain redress for acts of discrimination.
41.The Committee
urges the State party to ensure adequate mechanisms and access
to legal aid to enable women to seek and obtain redress from the
courts on the basis of the Constitution and the Convention.
42. The Committee
is concerned about the restrictive abortion laws in place in Portugal,
in particular because illegal abortions have serious negative
impacts on women's health and well-being.
43. The Committee
urges the State party to facilitate a national dialogue on women's
right to reproductive health, including on the restrictive abortion
laws. It also urges the Government to further improve family planning
services, ensuring their availability to all women and men, including
teenagers and young adults. It requests the State party to include
information in its next report on death and/or illness related
to or due to illegal abortion.
44. The Committee
expresses concern about the lack of information in the reports
on rural women, which constitute a significant percentage of the
labour force, and on older women.
45. The Committee
requests the State party to provide, in its next report, information
on the situation of rural and older women, especially as regards
their health, employment and educational status.
46. The Committee
is concerned about the feminization of poverty and, in particular,
the situation of women heads of household.
47. Noting
that part II of the National Action Plan for Integration, 2001-2003,
sets out the objectives of the campaign against poverty, the Co
mmittee requests that the State party provide, in its next report,
information on the impact on women and girls of measures taken
to eradicate poverty.
48. The Committee
encourages the State party to complete the formalities required
in order to allow for early ratification of the Optional Protocol
to the Convention.
49. The Committee
requests the State party to respond to the concerns expressed
in the present concluding comments in its next periodic report
submitted under article 18 of the Convention.
50. The Committee
requests the wide dissemination in Portugal of the present concluding
comments in order to make the people of Portugal, in particular
government administrators and politicians, aware of the steps
that have been taken to ensure the de jure and de facto equality
of women and of the further steps that are required in this regard.
It also requests the Government to continue to disseminate widely,
in particular to women's and human rights organizations, the Convention,
its Optional Protocol, the Committee's general recommendations
and the Beijing Declaration and Platform for Action, and the results
of the twentythird special session of the General Assembly, entitled
"Women 2000: gender equality, development and peace for the
twenty -first century".
