What does the law in Portugal say?
What does the law in Portugal say?
In Portugal, discrimination is prohibited by law, but this does not mean that it is criminalized. In fact, in Portugal, as in many other countries, most instances of discrimination are considered “less serious” offenses—civil or administrative—rather than crimes.
Thus, actions or omissions that, on the basis of a particular characteristic, violate the principle of equality are considered discriminatory practices. These practices are classified as administrative offenses [i] (and not crimes). They include:
1
The refusal to provide goods or services, or the prevention of their use;
2
The unsatisfactory provision or use of goods or services;
3
The prevention or restriction of access to and the normal conduct of an economic activity;
4
The refusal or imposition of conditions on the sale, lease, or sublease of real estate;
5
The refusal or restriction of access to public places or places open to the public;
6
Denial of or restrictions on access to public transportation;
7
The denial or restriction of access to health care provided at public or private health care facilities;
8
The denial or restriction of access to educational institutions, whether public or private;
9
The establishment of classes or the adoption of other internal organizational measures in public or private educational institutions based on discriminatory criteria;
10
The adoption of a practice or measure by any company, entity, body, agency, employee, or agent of the direct or indirect administration of the State, the autonomous regions, or local authorities, that restricts or limits the exercise of any right;
11
The act by which a natural or legal person, whether public or private, publicly or with the intent of widespread dissemination, issues a statement or disseminates information that threatens, insults, or demeans a group of people on the grounds of disability;
12
The adoption of measures that restrict access to new technologies.
Note: This list does not include all discriminatory practices prohibited by Portuguese law. For more specific information regarding certain minorities, please consult the relevant legislation.
[i] “Contra-ordenação” (or administrative offense) is a legal term in Portuguese law that refers to an unlawful and reprehensible administrative violation, punishable exclusively by a fine (monetary penalty) and not by imprisonment. It differs from crimes in that it is less serious, affecting social order in a non-criminal manner, and covers areas such as traffic, tax, customs, or economic matters. The proceedings follow the General Regime for Administrative Offenses (Decree-Law No. 433/82).”
Relevant legislation:
Law No. 93/2017, of August 23
Legal Framework for the Prevention, Prohibition, and Prevention of Discrimination
Law No. 46/2006, of August 28
Prohibits and punishes discrimination on the basis of disability and the existence of an increased health risk
Official Gazette No. 51/2008, of March 12
Prohibits and penalizes discrimination based on sex in access to and the provision of goods and services
Official Gazette No. 143/2001, of June 22
Religious Freedom Act
Law No. 85/2021 | Official Gazette
Prohibits discrimination on the basis of gender identity or sexual orientation regarding eligibility to donate blood, amending Law No. 37/2012 of August 27, which approves the Blood Donor Statute
Labor Code – CT – Subsection III | DR
Equality and Non-Discrimination
Law No. 39/2009, of July 30
Safety and the fight against racism, xenophobia, and intolerance at sporting events
Penal Code – CP – Article 240 | DR
Discrimination and incitement to hatred and violence
In Portugal, discriminatory practices in the workplace are also prohibited by the Labor Code.
There is also specific legislation aimed at countering violence, racism, xenophobia, and intolerance at sporting events.
However, Portuguese law does not recognize the concept of hate crimes. Similarly, the Portuguese Penal Code does not specifically list the crimes of racism, xenophobia, homophobia, or transphobia; however, these are generally covered under Article 240 of the Penal Code.
Nevertheless, certain acts committed for discriminatory reasons are considered crimes, and the penalties for some crimes are increased if they are committed for discriminatory reasons:
All other crimes, when committed for discriminatory reasons, are punished as crimes but not as discriminatory acts (and their motivation is generally not even taken into account). In this regard, for example, a person who is the victim of racist verbal abuse may file a complaint for the crime of defamation.
