A/HRC/27/7
121. In connection with questions related to racism and discrimination against
immigrants, the delegation said that Portugal wished to address racism in its totality without
singling out any group. Those determined to have perpetrated acts of discrimination were
liable to criminal prosecution under the Constitution, and racist motivation was addressed
in the Criminal Code, where it could be considered an aggravating circumstance. Two plans
to combat discrimination against migrants had been implemented and the results measured
in statistical terms. In addition, measures such as the establishment of the Immigration
Observatory had been taken.
122. With regard to the issue of discrimination against migrants in employment, the
burden fell on the employer to prove the absence of discrimination in cases of complaint.
Discrimination was categorized as a crime and the authorities could provide the necessary
compensation to victims. Special services for unemployed immigrants, including vocational
training and programmes, facilitated the social integration of migrants.
123. The existing law respected the principle of non-refoulement of refugees and asylum
seekers. In practice, that meant that no one could be removed from Portuguese territory
before a final judicial decision had been handed down in the case. Asylum requests from
minors were submitted immediately to the family courts, and a centre for refugee children
housed them.
124. The current review was being held at a time when Portugal was going through a
deep economic crisis. It was hoped that the country’s efforts to mitigate the effects of the
crisis on vulnerable groups had been demonstrated. The Government and the National
Human Rights Commission would do everything possible to implement the accepted
recommendations, and would submit a mid-term report as part of the UPR process. The
UPR mechanism played a positive role in the achievement of human rights worldwide, and
the implementation of its recommendations would be felt in Portugal during the coming
four years.
II. Conclusions and/or recommendations∗∗
125. The recommendations formulated during the interactive dialogue listed below
enjoy the support of Portugal:
125.1 Ensure that civil society representatives are accorded full and active
participation in follow-up activities to the universal periodic review (United
Kingdom of Great Britain and Northern Ireland);
125.2 Harmonize its domestic laws in order to give effect and prominence to
international human rights treaties (Namibia);
125.3 Continue efforts in the promotion and protection of economic, social
and cultural rights (Greece);
125.4 Continue presenting initiatives aimed at promoting and protecting
economic, social and cultural human rights (Qatar);
125.5 Continue to enhance engagement with its regional and international
partners to strengthen its capacity for the protection and promotion of human
rights (Philippines);
125.6 Continue to take measures in promoting women’s participation in
political affairs (Greece);
**
16
Conclusions and recommendations have not been edited.