Rape and Domestic Violence: The law makes rape, including spousal rape, illegal, with a penalty of three to 10 years’ imprisonment. The government generally enforced the law when the victim chose to press charges and the cases were not settled out of court through mediation. The law provides for criminal penalties of up to 10 years’ imprisonment in cases of domestic violence by a spouse or by a person other than the spouse. The judicial system prosecuted persons accused of abusing women.
In June an appeals court in Porto affirmed suspended sentences for two men found guilty of sexually assaulting an inebriated woman at a nightclub. The two judges, a man and a woman, ruled that the two nightclub workers were only “half to blame” for the assault on the woman after a night of heavy drinking and “mutual seduction.” The ruling said no violence was used against the woman, who was unconscious in the nightclub’s rest room at the time of the assault.
Violence against women, including domestic violence, continued to be a problem. According to preliminary data from NGOs and media reports, in the first 10 months of the year, there were 24 deaths related to domestic violence.
According to data from the government’s Annual Internal Security Report, in 2017 there were 22,599 reports of domestic violence, a small decrease from 2016. In 2017 police registered 408 reports of rape, an increase of 73 cases from 2016.
The law allows third parties to file domestic violence reports. The government encouraged abused women to file complaints with the appropriate authorities and offered the victim protection against the abuser. The government’s Commission for Equality and Women’s Rights operated 39 safe houses and 26 emergency shelters for victims of domestic violence and maintained an around-the-clock telephone service. Safe-house services included food, shelter, health assistance, and legal assistance. The government-sponsored Mission against Domestic Violence conducted an awareness campaign, trained health professionals, proposed legislation to improve legal assistance to victims, and negotiated protocols with local authorities to assist victims.
Female Genital Mutilation/Cutting (FGM/C): FGM/C is a crime punishable under the law. The State Secretariat for Citizenship and Equality reported that FGM/C was practiced on young girls in some immigrant communities, particularly by Bissau-Guinean immigrants, although none of the FGM/C procedures were carried out in the country. In a September visit to Portugal, Fatumata Djau Balde, president of the Bissau-Guinean National Committee for the Abandonment of Traditional Practices Nefarious to the Health of the Woman and Child said there were mosque leaders in Portugal who claimed that FGM was an “Islamic recommendation” inscribed in the Quran in the name of girls’ “purity.” Several government bodies addressed the problem at various levels, and the government’s third action plan to prevent and eliminate FGM/C increased awareness of the problem.
Sexual Harassment: Sexual harassment is a crime, with penalties ranging from one to eight years in prison. If perpetrated by a superior in the workplace, the penalty is up to two years in prison, or more in cases of “aggravated coercion.”
The Commission on Equality in the Workplace and in Employment, composed of representatives of the government, employers’ organizations, and labor unions, examines, but does not adjudicate, complaints of sexual harassment. In 2017 the NGO Association for Victim Support received reports of 30 cases of sexual harassment.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: The constitution and the law provide women full legal equality with men, and the government enforced the law.
Birth Registration: Citizenship is derived by birth within the country’s territory and from one’s parents. Authorities registered all births immediately.
Child Abuse: Child abuse was a problem. The Association for Victim Support reported 810 crimes against children younger than 18 in 2017. According to the 2017 Annual Internal Security Report, Romani parents used minor children for street begging. A child-abuse database was accessible to law enforcement and child protection services. The government prohibits convicted child abusers from work or volunteer activities involving contact with children. It also carried out awareness campaigns against child abuse and sexual exploitation.
Early and Forced Marriage: The minimum age for marriage is 18 for women and men, but both sexes may marry at 16 with the consent of both parents exercising parental authority, or a guardian, or, in default of the latter, a court decision.
Sexual Exploitation of Children: Statutory rape is a crime with penalties ranging up to 10 years in prison, and authorities enforced the law. The minimum age for legal consensual sex is 16. The law prohibits child pornography. Penalties range up to eight years in prison.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
Estimates placed the Jewish community at 3,000-4,000 persons. There were no reports of anti-Semitic acts.
After the country passed a law in 2015 granting descendants of Jews forced into exile centuries ago the right to citizenship, the government received 12,610 requests, and naturalized 2,160 applicants for citizenship as of February 27. The largest numbers were from Turkey (1,239) and Israel (538). The institutions of the Jewish community in Lisbon or Porto vetted each application. These institutions are responsible for checking documentation of the applicants’ ancestors and making recommendations to the government.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The constitution and law prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government generally enforced the law effectively. The law mandates access to public buildings, information, and communication for persons with disabilities, but no such legislation covers private businesses or other facilities.
The Commission for Equality and Against Racial Discrimination (CICDR) is the dedicated body to combat racial discrimination. Its mission is to prevent and prohibit racial discrimination and to penalize actions that result in the violation of fundamental rights or in the refusal or constraint of the exercise of economic, social, or cultural rights by any person based on his or her race, ethnic origin, color, nationality, ancestry, or territory of origin, under the terms of a law passed in 2017 establishing the legal regime for the prevention, prohibition, and combating of discrimination. According to its annual report, the CICDR received 179 complaints of discrimination in 2017, an increase of 50 percent in relation to 2016. The CICDR explained that this increase might have been due less to an increase in incidents than to greater awareness of racial and ethnic discrimination issues and an improved understanding of the mechanisms available to victims.
The government estimated the Romani population to be between 40,000 and 50,000 persons. A large number of Roma continued to live in encampments consisting of barracks, shacks, or tents. Many settlements were in areas isolated from the rest of the population and often lacked basic infrastructure, such as access to drinking water, electricity, or waste-disposal facilities. Some localities constructed walls around Romani settlements. Media reports of police harassment, misconduct, and abuses against Roma continued.
In some localities the government provided integration and access to services for the Roma, including vaccination campaigns, monitoring of prenatal care, scholarship programs, assistance in finding employment, and a mediation program staffed by ethnic Romani mediators in the Office of the High Commission for Immigration and Intercultural Dialogue.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The constitution and the law prohibit discrimination based on sexual orientation and gender identity.
On July 31, the president approved a new gender identity law allowing transgender adults to update their name and gender marker in the civil registry to reflect their gender identity without having to submit a medical certificate. Transgender minors ages 16 and 17 are now also able to update their name and gender marker in the civil registry to reflect their gender identity, but must present a clinical report.
In September the government allotted 50,000 euros ($57,500) to support NGOs working with the lesbian, gay, bisexual, transgender, and intersex community. The government announced the opening of bids for projects, each of which may receive up to 8,000 euros ($9,200). These projects may include training courses, awareness-raising campaigns, and scientific investigations or studies. The initiative is part of the government’s 2018-21 Action Plan to Combat Discrimination Linked to Sexual Orientation and Gender Identity and Expression.