Experts of the Committee on the Elimination of Discrimination against Women Praise Portugal for its Anti-Discrimination Laws, Ask about Absence of Law Prohibiting Feminicide and Increase in Dismissals of Pregnant Women

  • 6/15/2022
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The Committee on the Elimination of Discrimination against Women today concluded its consideration of the tenth periodic report of Portugal, with Committee Experts praising the State’s anti-discrimination laws and policies, and asking about the absence of a law prohibiting feminicide and an increase in dismissals of pregnant women. Ana Peláez Narváez, Committee Expert and Rapporteur for Portugal, said that important progress had been made in State policies in Portugal, including laws to prevent discrimination against women; lesbian, gay, bisexual, transgender and intersex persons; and persons with disabilities; and laws promoting equal pay for equal work. A Committee Expert noted that no comprehensive law on gender-based violence had been implemented, nor on feminicide specifically. What measures did the State party intend to adopt to implement such legislation? Another Expert said that the State faced many challenges in ensuring equal employment standards for women and men. In particular, the Expert noted that the number of pregnant women being dismissed had increased from 2014 to the present, and asked about the contributing factors to this trend. Introducing the report, Isabel Almeida Rodrigues, Secretary of State for Equality and Migration of Portugal and head of the delegation, said that the State party combatted female genital mutilation and forced marriage, and implemented a programme for preventing violence. It had also extended its national support network for victims of gender-based violence. In addition, the national plan for combatting racism included a gender perspective. The delegation added that the European Institution for Gender Equality was carrying out a study of Portuguese legislation on discrimination. Once this study was concluded, the State would work to implement concrete legislation prohibiting femicide specifically. The delegation also said that there had been a rise in the non-renewal of pregnant women’s contracts and collective dismissals during the pandemic, particularly in restaurants and retail positions. The COVID-19 pandemic had thus hit women harder. However, the unemployment rate was falling in 2022, and there had been a recovery in employment for both genders. In closing remarks, Gladys Acosta Vargas, Committee Chair, thanked the delegation for its participation in the dialogue, and encouraged the State party to implement all recommendations of the Committee. In her concluding remarks, Ms. Almeida Rodrigues reiterated Portugal"s full commitment to the promotion, protection and realisation of the human rights of all women and girls, and the full implementation of the provisions of the Convention. Despite progress that Portugal had made, she said much remained to be done. The conclusions and recommendations of the Committee would help the State party to ensure gender equality. The delegation of Portugal consisted of the Deputy Secretary-General and Counsellor for Equality at the Ministry for the Presidency, and representatives of the Ministry of Home Affairs; Ministry of Justice; Ministry for Parliamentary Affairs; Ministry for Science, Technology and Higher Education; Ministry of Education; Commission for Equality at Work and Employment; and the Permanent Mission of Portugal to the United Nations Office at Geneva. The Committee on the Elimination of Discrimination against Women’s eighty-second session is being held from 13 June to 1 July. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed at http://webtv.un.org/. The Committee will next meet at 3 p.m. this afternoon to conclude its consideration of the eighth periodic report of Türkiye (CEDAW/C/TUR/8). Report The Committee has before it the tenth periodic report of Portugal (CEDAW/C/PRT/10). Presentation of Report ISABEL ALMEIDA RODRIGUES, Secretary of State for Equality and Migration of Portugal and head of the delegation, said that Portugal realised the importance of establishing a system for defending human rights. The aims and principles of the Convention on the Elimination of All Forms of Discrimination against Women were enshrined in Portugal’s Constitution. Portugal was the first European Union State to ratify the Istanbul Convention, and fully supported its principles. It also supported implementing the action plan outlined in Security Council resolution 1325 on women, peace and security. The national human rights commission had cooperated closely with civil society on the contents of the draft report. There was also a written contribution by the Ombudsman and non-governmental organizations. Women’s rights had been threatened by the COVID-19 pandemic. To mitigate this impact, Portugal had adopted measures to strengthen support services for victims of domestic violence and simplify the reporting procedure. Awareness campaigns on domestic violence were also carried out. The pandemic had also exacerbated gender inequalities in the labour market. Financial and other support had been provided for families and for businesses to secure employment contracts and salaries. Around 93 per cent of the population had been vaccinated, including migrants and refugees. A gender perspective had been included in the recovery and resistance strategy. Ms. Almeida Rodrigues said Portugal had received over 40,000 refugees who had fled Ukraine. These refugees, as with all refugees, had access to health and education services. Portugal also awarded grants to students and researchers from conflict areas in higher education institutions, and several recipients were women. The State aimed to secure women’s right to education and prevent discrimination against women. Over the past five years, it had promoted gender equality in central and local government positions. Gender budgeting had been adopted in the 2020 State budget. Portugal was committed to achieving gender parity in Government. Thirty-seven per cent of members of parliament were women, and 52 per cent of middle-level managers were women. State laws encouraging gender parity had contributed to this. Portugal was working to combat segregation and stereotypes in the labour market and the gender pay gap. A platform had been launched for monitoring the implementation of public policy and the gender gap. In 2008, only 1 per cent of fathers used parental leave, but this had risen to 45 per cent in 2022. The Minister noted that in 2019, the Government had created a database recording cases of violence against women. It combatted female genital mutilation and forced marriage, and implemented a programme for preventing violence. It had also extended its national support network for victims of gender-based violence. The national plan for combatting racism included a gender perspective. The State was also drafting a fifth national action plan for combatting human trafficking. It was further working to strengthen its mechanisms for identifying victims of sexual exploitation and supporting their reintegration into society. Awareness campaigns had also been launched to dispel myths related to sexual exploitation and female genital mutilation, and teams were working to prevent female genital mutilation in Lisbon. Gender equality was a compulsory subject in schools. State law also prohibited discrimination regarding access to education. Forty-two per cent of researchers were women, and over 60 per cent of doctorate students were women. The State had also launched a programme encouraging more women to study in science, technology, engineering and maths courses. Ms. Almeida Rodrigues said universality underpinned Portugal’s housing policies, and the State provided housing support for victims of domestic violence. It was working to combat discrimination of rural and Roma women. Concluding, she said that Portugal was committed to preventing all forms of discrimination against women and hoped that the dialogue would contribute to this. Questions by Committee Experts ANA PELÁEZ NARVÁEZ, Committee Expert and Rapporteur for Portugal, said that important progress had been made in State policies in Portugal, including laws to prevent discrimination against women; lesbian, gay, bisexual, transgender and intersex persons; and persons with disabilities; and laws promoting equal pay for equal work. Ms. Peláez Narváez congratulated the State for its law promoting gender parity in Parliament, and for implementing some of the Committee’s previous recommendations. Another Committee Expert said that Portugal was deeply committed to equality, as demonstrated by its laws and action plans aiming to prevent discrimination. The Expert asked the delegation to assess the State’s new gender-based strategy and its gender policies. Did the State party intend to cooperate with civil society regarding the recommendations of the Committee? What steps could be taken to mainstream the Convention into national legislation? People belonging to the lesbian, gay, bisexual, transgender and intersex community were still stigmatised. What could be done to strengthen their protection? What measures would be taken to combat gender-based violence, incidents of which had increased during the pandemic? Responses by the Delegation The delegation said that Portugal was raising the profile of the Convention by incorporating it into civil service training programmes. Courses were held exclusively on the Convention. A gender assessment of legislation at all levels was being carried out. Portugal had undertaken campaigns to prevent violence against lesbian, gay, bisexual, transgender and intersex persons. The Convention had super-legal status, and there had been references to the Convention in court cases, especially in cases regarding domestic violence and pimping. All legal staff were provided with training on the Convention and human rights. Training on domestic violence was obligatory in family courts. Changes to the Criminal Code had been made after ratifying the Istanbul Convention. There had been a range of exacerbating factors added to protect victims of domestic violence. Police forces were committed to combatting domestic and gender violence, and were provided with training on human rights. In 2014, a manual on preventing and dealing with domestic violence had been created for the police force. Training on the Convention had also been also provided to 769 police officers since 2021. Law enforcement agencies had promoted gender equality on social media. The legislative assemblies in the autonomous regions of Madera and the Azores were responsible for creating legislation affecting their regions. Both regions had taken measures to promote women’s rights. Portugal was deeply committed to promoting the rights of migrants. It had created centres for providing services for migrants. These centres were awarded the United Nations Public Service Prize in 2019. The services that migrant women most requested concerned housing, entrance into the labour market and registration of children. There were 149 centres established to increase migrants’ access to these services; 134 victims of abuse used these centres in 2021. Portugal was committed to the Decade for Persons of African Descent, and had held conferences for religious leaders on the dangers of female genital mutilation. Questions by Committee Experts ANA PELÁEZ NARVÁEZ, Committee Expert and Rapporteur for Portugal, said that the Commission for Citizenship and Gender Equality was tasked with implementing the Convention. This Commission was overseen by the Ministry for Equality and Migration. What had been done to increase the budget for the Ministry for Equality and Migration? Did the Commission consult with women’s organizations when drafting public policy? How many complaints about domestic violence had been received during the pandemic, and what was their outcome? It was difficult to find examples of measures that targeted women specifically within national action plans. What measures were in place to promote gender equality within these plans? Were there regulations for providing support for women’s organizations, and what budget was provided for these organizations? Another Committee Expert said that only 36 per cent of members of parliament were women, while the equality law called for at least 40 per cent representation. What sanctions had been applied as a consequence of this lack of compliance? What had been done to increase women’s representation in different areas of public life? What had been done to increase the presence of women in the national defence forces since 2019? What had been done to prevent discrimination of disadvantaged women, such as migrant women, women with disabilities and Roma women? Responses by the Delegation The delegation said that the Commission for Citizenship and Gender Equality held advisory meetings with women’s organizations. Since 2021, it had established an online system for submitting complaints anonymously. A telephone hotline had also been established for reporting gender violence. National statistics were disaggregated based on sex rather than gender. This did not undermine the importance of gender equality for the State party. The national action plan on gender-based violence focused on protecting women. Over 80 per cent of measures within the plan had been implemented. Non-governmental organizations had been asked to make contributions to national action plans. There had been a constant increase in the budget supporting non-governmental organizations. Seven million euros had been channelled to supporting non-governmental organizations working to prevent domestic violence. In Madera and the Azores, there were two Directorate Generals dealing with creating regional plans for equality. The State party cooperated with these bodies but promoted their autonomy. The representation of women in the armed forces was increasing. The State had involved the business community in measures preventing domestic violence. The two State secretariats had been merged into one, but this did not reduce the State’s commitment to promoting gender equality. A gender advisor had been employed in the armed forces, and a unit promoting gender equality had been established. Funding for policies on women’s issues came from lotteries as well as State funds. Political parties needed to have 40 per cent representation of female candidates, and one party that did not provide that representation was prevented from running. However, the public had chosen a larger proportion of male candidates, leading to the gender imbalance in parliament. Questions by Committee Experts ANA PELÁEZ NARVÁEZ, Committee Expert and Rapporteur for Portugal, asked for information regarding the coordination between the Ombudsman and the Commission for Citizenship and Gender Equality regarding complaints. What was being done to inform women about their right to lodge complaints? What specific measures targeting women would be included in future action plans? Responses by the Delegation The delegation said that when complaints received were related to suspected crimes, they were passed to the national prosecution service. Disaggregated data was used to assess the gender impact of legislation. In 2021, a new law was created to combat wage disparities. The State analysed which sectors had the largest wage gaps and worked to address those gaps. Training was provided for teachers on promoting gender equality. There were also measures taken to promote parental leave for fathers and improve work-life balance. There were plans for promoting gender equality, the rights of Roma people and persons with disabilities. Questions by Committee Experts A Committee Expert commended the State party on its legislation preventing violence against women and domestic violence and related action plans, as well as its ratification of the Istanbul Convention. However, inequalities persisted in the labour and education fields. What measures were in place to increase female representation in the public sector? What measures targeted at men and boys were in place to prevent discrimination of women? What policies were in place to prevent early marriage and forced sterilisation? No comprehensive law on gender-based violence had been implemented, nor on feminicide specifically. What measures did the State party intend to adopt to implement such legislation? Would female victims of discrimination be included in the next action plan? Was there a system for collecting disaggregated data on violence against women? Another Committee Expert said that Portugal did not fully meet the minimum standards to fight human trafficking, specifically regarding its identification of victims. What measures were in place to increase and improve the identification of victims? What new measures would be included in the forthcoming action plan on preventing trafficking? How were non-governmental organizations included in the State’s measures to fight human trafficking? The number of prosecutions regarding trafficking had decreased over past years. How did the State party intend to increase prosecutions? How many victims had been identified in past years? What measures were in place to support victims of trafficking? Responses by the Delegation The delegation said that the European Institution for Gender Equality was carrying out a study of Portuguese legislation on discrimination. Once this study was concluded, the State would work to implement concrete legislation prohibiting femicide specifically. Discrimination against women was included in compulsory training programmes for judges and prosecutors. Portugal was trying to improve judicial measures and incorporate the Convention into the legal framework related to human trafficking. The National Referencing Mechanism had been implemented for supporting and identifying victims of trafficking based on the recommendations of the Group of Experts on Action against Trafficking in Human Beings. Non-governmental organizations were consulted regarding legislation on trafficking, and were involved in designing national action plans. There was a small number of convictions due to the difficulty in obtaining evidence. The judiciary was being trained in investigating human trafficking crimes to increase the conviction of offenders. There was also a multi-disciplinary team in place that provided support for victims of trafficking. The upcoming national action plan on human trafficking would consider the recommendations of both the Committee and the Group of Experts on Action against Trafficking in Human Beings. Under Portuguese law, a 16-year-old was deemed to be a child but could be held criminally responsible and could legally work. As such, 16-year-olds could participate in society and should have the right to marry. However, this should not be confused with forced marriage, as both parties needed to consent to the marriage. A working group on investigating forced child marriages had been established in 2021. Portugal was opposed to forced marriage, and it was a crime punished with a prison sentence. The Victim Protection Commission supported victims of domestic violence in obtaining reparation. A family restructuring system was also in place to help victims to start a new life and obtain employment away from perpetrators. Portugal had created a range of measures to empower women from the Roma community. These included consultations held with Roma women on family planning and support funds for Roma persons and associations. Work had been carried out to promote schooling and prevent school dropouts in the Roma community. This helped to prevent forced marriages. One hundred and twenty study grants had been provided to Roma children, including 62 girls. Female genital mutilation in Portugal was deemed to be a stand-alone crime. A national strategy for preventing female genital mutilation had been implemented since 2018. This strategy targeted the greater Lisbon area, where female genital mutilation was most prevalent. Health professionals, regional health administrations and the Health Directorate carried out projects preventing female genital mutilation in collaboration with non-governmental organizations. The delegation said that since 2021, national programmes had provided support for victims of female genital mutilation in the north of Portugal. Guidelines on providing information on female genital mutilation to communities had also been drafted, and reconstructive surgery was offered. Protocols had also been developed for identifying risks of female genital mutilation and preventing the practice. Forced sterilisation was prohibited, and sterilisation could only be performed with the written consent of the person involved. Questions by Committee Experts A Committee Expert commended Portugal for achieving equal representation in the Ministry. However, the percentage of females in parliament was 36 per cent. Non-governmental organization reports indicated a high level of support for male politicians. Were there any measures in place to help increase support for female candidates? Men were employed in management level positions at double the rate of women. What measures were in place to increase the percentage of women in such positions? Were measures being planned to bring the threshold for female candidates in elections up to 50 per cent? Another Committee Expert asked if women had equal rights with men regarding the conferring of nationality. Was a child born in surrogacy entitled to Portuguese nationality? Responses by the Delegation To change electoral methods, two-thirds of parliament members would need to agree to changing the Constitution. There was a requirement for at least 40 per cent of candidates in elections to have a certain sex, be it male or female. Portugal was deeply committed to increasing the participation of women in public spheres. Rules and quotas had been introduced to guarantee the representation of women in firms. The State business association had held training programmes aimed at helping women to reach management positions within private firms. A child whose mother or father was Portuguese was entitled to Portuguese nationality. Women accounted for 32 per cent of diplomats. This number had been increasing progressively. In the Ministry of Foreign Affairs, women held 42 per cent of senior roles. The Ministry had revised employment methods to remove barriers to women entering the service. Questions by a Committee Expert A Committee Expert congratulated the State party for its achievements in education, and its support programmes for refugees. Girls were outperforming boys in school. What was the reason for this? What subjects were girls studying? The Expert raised concerns about girls’ performance in science. What needed to be done to improve this performance? The Expert called for policies that actively encouraged girls to study science and information communication technology. Had the State party considered how to reduce the impact of pornography on students’ sexual education? What measures were in place to support girls living in rural areas, especially refugees, to access education? The Expert congratulated the State on its COVID-19 measures with regards to education. How did it intend to sustain these? Responses by the Delegation Compulsory schooling had been extended to 18 years. The school dropout level had fallen to five per cent. There was no feminisation of the curriculum. There were incentives for encouraging increased participation in schooling. Students were provided with opportunities to participate in decision-making processes regarding schools and curricula. There were special programmes in place to incentivise studies of science, maths and robotics. There was also an “Engineer for a Day” programme that female students were encouraged to participate in. All children with special education needs were required to attend State schools with other students. All teachers were provided with training in teaching courses on mental, physical and sexual health. Portugal had developed education programmes on digital literacy, science, technology, engineering and maths. In 2018, a programme promoting gender equality in higher education had also been launched. A competition held in cooperation with the Equality Commission sought to increase knowledge about violence against women. Other competitions focused on combatting COVID-19 and other scientific topics. A programme providing scholarships for Roma girls and boys was in place, and this by rule provided an equal share of study grants to girls and boys in 2021; 28,000 migrant children were involved in education support programmes, with an equal representation of male and female participants. The State promoted the spread of knowledge and innovation across the agricultural sector. It also promoted access to the sector for women. Questions by a Committee Expert A Committee Expert said that it was important for the Government to ensure equal employment standards for women and men. It faced many challenges in this regard, with the number of pregnant women being dismissed increasing from 2014 to the present. The number of women in temporary positions had increased during the pandemic. Women also had lower digital literacy and access to technologies. What was the pay gap situation in 2021? What was the State party doing to reduce this? Why had new regulation on preventing sexual harassment in the workplace not been implemented? What legislation existed in this regard? Did women have access to paid maternity leave? What was the percentage of women in the formal labour force? What was being done to prevent discrimination based on gender in hiring practices? The Expert asked for information on women with disabilities working in the public and private sectors? Responses by the Delegation Portugal had a mechanism for equality in the workplace that guaranteed non-discrimination in employment of pregnant women. There had been a rise in the non-renewal of pregnant women’s contracts and collective dismissals during the pandemic, particularly in restaurants and retail positions. The COVID-19 pandemic had thus hit women harder. However, the unemployment rate was falling in 2022, and there had been a recovery in employment for both genders. The gap in the share of domestic work carried out by men and women had increased during the pandemic. There was a training programme in place for technology studies, and at least 40 per cent of places in this programme were reserved for women. The most recent 2019 data on salaries showed a reduction in the gender pay gap to 14 per cent. This had been influenced by a sustainable rise in the minimum salary. A new law on combatting salary inequalities had also been implemented. Under this law, companies were required to justify factors for setting salaries. The Labour Code had also been amended to establish codes of conduct within workplaces and prevent sexual harassment. There was also legal protection provided to witnesses in workplace sexual harassment cases. Portugal had the lowest percentage of part-time workers of European Union States. There was gender segregation regarding occupations, but the State was working to address this through training and projects in education systems. Questions by Committee Experts A Committee Expert said that Portugal was a pioneer in promoting women’s rights. However, there was a need to increase the speed of women’s take-up of leadership positions. What measures would the State party implement to achieve this? ANA PELÁEZ NARVÁEZ, Committee Expert and Rapporteur for Portugal, asked about measures in place to allow vulnerable women to access health services, and about the extent to which these women were aware of the services available to them. There was a high number of caesarean births. How did the State party guarantee consent to such births for migrants and female persons with disabilities? What was being done to reduce obstacles to obtaining abortions? Was the morning-after pill available in hospitals? There was a very high rate of births by girls aged 13 to 19. What was being done to reduce this rate? Were there mental health services available in Madera and the Azores regions? What was the number of unconsented forced sterilisations? There was a high number of women with HIV/AIDS with drug addictions. What was being done to reduce this number? Responses by the Delegation The Government had reviewed mental health services, and was implementing a resilience plan for reforming mental health. There was a need to strengthen and enhance community support to reduce institutionalisation. Sexual and reproductive health was provided to all persons, including lesbian, gay, bisexual, transgender and intersex persons. Contraception, emergency contraception and information on family planning was provided free-of-charge through family planning services. Efforts had been made to translate information on abortion, sexually transmitted diseases and other sexual health issues into various languages. If consultations could not be provided in a woman’s native language, the State paid for private consultations in that language. Termination of pregnancies had been increasing since 2011. A translation hotline had also been established to provide health information in various languages. Sixty-six per cent of women sought obstetric care in the private sector, and the State was working to strengthen the quality of care provide by State institutions. There had been a two per cent decrease in births by girls aged 15 to 19 since 2011. Portugal had made efforts to mitigate under-reporting of maternal mortality by implementing a digital reporting mechanism in 2014. It had since improved this system. This was a cause for the increase in the number of recorded maternal deaths. The State was working to prevent maternal deaths, commissioning an expert committee to study and monitor the problem. Questions by a Committee Expert A Committee Expert asked whether women aged over 65 had adequate pensions? How did the “Radar Programme” help older women, particularly migrants? What was the current situation regarding support for vulnerable women in accessing housing? Was microcredit being supplied to women? What was being done to address violence in sports and ensure equal pay for women in sports? Responses by the Delegation Portugal was working on a strategy to combat violence in sports, including measures to combat violence against women in particular. The State was working to make access to housing universal. To achieve this, it was increasing public housing development. Measures were in place to reduce waiting periods for public housing for victims of domestic violence and disabled persons. The State prohibited expulsions and protected rent payments during the pandemic. Portugal had been promoting the economic empowerment of vulnerable women. There was professional training provided for vulnerable women and homeless persons, and programmes working to prevent school dropouts. Social security measures had also been adopted, including the national strategy to combat poverty. This strategy addressed different forms of social discrimination linked to gender. Women with low pensions were provided with a complementary pension from the State. Questions by Committee Experts A Committee Expert asked how the State party intended to reduce poverty in rural areas. What had been done to encourage women to enter the agricultural sector? What were the key outcomes of national strategies regarding Roma persons? How did the State intend to reduce child marriages? What was being done to ensure access by migrant women and refugees to legal aid? What measures did the State party intend to adopt to promote the deinstitutionalisation of women with disabilities? What measures were in place to reduce systemic violence and discrimination against women who used drugs and lesbian, bisexual, transgender and intersex women? Responses by the Delegation Portugal supported enterprises established by rural women. The action plan for the decade of family agriculture included measures designed by rural women. There were also measures supporting rural women’s access to funds. Community mediators promoted partnerships between the Roma community and local authorities. Six Roma women were currently being trained in this type of mediation. A programme was in place that was supporting migrants in establishing businesses. This programme had supported 57 per cent of businesses established by migrants. Surgery on intersex children was considered a crime, and the national health service did not carry out this type of surgery. Concluding Remarks GLADYS ACOSTA VARGAS, Committee Chair, thanked the delegation for its participation in the dialogue, and encouraged the State party to implement all recommendations of the Committee. ISABEL ALMEIDA RODRIGUES, Secretary of State for Equality and Migration of Portugal and head of the delegation, reiterated Portugal"s full commitment to the promotion, protection and realisation of the human rights of all women and girls, and the full implementation of the provisions of the Convention. The conclusions and recommendations of the Committee would help the State party to ensure gender equality. In the 50 years since its revolution, Portugal had made tremendous progress in promoting the human rights of women and girls. This progress was the result of great commitment and investment, especially during the sovereign debt crisis and the pandemic. Portugal promoted the adoption of a transformative, integrated and intersectional approach to gender. It aimed to change social attitudes and put youth as the drivers of change. Despite progress made, it was undeniable that much remained to be done. The full realisation of human rights always would be an unfinished task that required permanent commitment, and Portugal was fully committed to that task. Link: https://www.ungeneva.org/en/news-media/meeting-summary/2022/06/le-comite-pour-lelimination-de-la-discrimination-legard-des-1

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