Human rights in Portugal

Signing and ratifying the convention and the optional protocols has caused an increase in resources allocated to improving the rights of children in Portugal.[14] Although there have been improvements there are still serious issues affecting children's rights. One in five of children, 20%, live below the poverty line and Portugal is one of the top eight countries with the highest poverty levels among children.[14]

Portugal has become a new route for Sub-Saharan African criminal networks to traffic children in to the Schengen area for sexual exploitation[15] The ECPAT Internationals global study in 2016 discovered that Portugal was becoming an increasingly popular travel destination for child sex offenders.[15] The Portuguese laws that are in place to combat this issue come under Article 160-2 of the Penal Code and states the punishments of prison sentences from three to ten years for the offence of child trafficking for the purpose of exploitation including sexual exploitation.[15] Although these measures are in place, a draft law on the creation of a national strategy which would protect children against sexual exploitation and abuse was submitted to the assembly but not adopted

Before the overthrow of the authoritarian government in 1974 women were restricted by the penal code and had no contact with international women's groups thus having little organisational power.[24] With the new constitution in 1976 women gained the same legal equality as men.[25] The Commission on the Status of Women (renamed the Commission for Equality and Women's Rights in 1991) had the role to improve the position of women in Portugal and protect their rights, this was established in 1977.[25] Then twenty years later the Council of Ministers integrated a gender perspective at all policy levels and since then several national plans for equality have been issued.[26]

In the Gender Equality Index 2017 which uses a scale from 1, full inequality, to 100, full equality, Portugal scored a 56 which is 10 points lower than the European Union average.[27] This demonstrates that Portugal is below average with its progression with women's rights. Although its score was below average it did show higher than the average progress from 2005 to 2015 increasing its score by 6.1.[27]

Portugal has a national action plan (NAP) which covers domestic and sexual violence and is intended to combat domestic and gender-based violence (2014-2017).[28] As well as this Portugal was the first country that is a part of the European Union to ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence.[28] Domestic violence is at the forefront of gender equality policies within Portugal with multiple strategies in place to fight the issue.

Previous to February 2007 abortion law was strict and was only allowed if serious injury or death would be caused to the woman.[29] In February 2007 there was a referendum that had a 59% vote in favour to decriminalise abortion.[30] This gave women the ability to terminate a pregnancy up to the tenths week of pregnancy.[30] Since this change of law it has overall reduced deaths and the number of abortions.[30]

In Article 25 of the Universal Declaration of Human Rights it highlights the importance of the right to a standard of living including a house this is an issue for people of African descent and Roma within Portugal.[11] In 1978 Portugal also ratified the International Covenant on Economic, Social and Cultural Rights which in Article 11 states the right to an adequate standard of living.[34] As well as ratifying both of these treaties in Portugal's own constitution, Article 65, they acknowledge the general understanding on the importance of housing.[34] In 2016 the Human Rights Council conducted a Special Rapporteur on adequate housing in Lisbon and Porto.[34] In this report it observed that there is a lack of social housing or rent supplement programmes which causes mostly the Roma or people of African descent to stay in informal settlements.[34] These informal settlements do not provide an adequate standard of living and often have no electricity and are set amidst garbage.[34] The report acknowledges that there is a current economic crisis within Portugal but states that the Roma and people of African descent have significantly inadequate housing solutions and that this issue needs to be combatted.[34]

On 9 February 1989 Portugal ratified the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment but there has been concerns by Amnesty International of allegations of torture and ill-treatment whilst in custody in Portugal.[35] In 2016 the European Committee for the Prevention of Torture during its periodic visit to Portugal also raised concerns at the ill-treatment during police custody from a number of credible allegations.[36] This alleged ill-treatment was largely aimed at prisoners of African descent and foreign nationals and consisted of kicks to the body and head, slaps, punches as well as beatings with batons.[36] The Committee for the Prevention of Torture urged the Portuguese government to address this issue as well as the overcrowding within the prisons which was resulting in appalling living conditions.[36] The United Nations also in May 2018 dispatched members of its Prevention of Torture committee to go and inspect prisons in Portugal to establish if the inmates have any protection against torture and ill-treatment.[37] This occurred due to Portugal ratifying the Optional Protocol to the Convention Against Torture which places them under the obligation to allow the Subcommittee on Prevention of Torture to conduct unhindered and unannounced inspections to places where citizens are deprived of their liberty.[37] The SPT after the visit urged the Portuguese government to establish a National Preventive Mechanism which is an independent monitoring body.[38] They also suggested that they seek alternatives to detention and place more human and financial resources in to rehabilitation.[38]