1. The Committee
on Economic, Social and Cultural Rights considered the third periodic
report of Portugal on articles 1 to 15 of the Covenant (E/1994/104/Add.20)
at its 58th, 59th and 60th meetings, held on 14 and 15 November 2000,
and, at its 74th meeting, held on 24 November 2000, adopted the following
concluding observations.
A. Introduction
2. The Committee expresses its appreciation to the State party for
the full and detailed report it submitted and for the additional information
it provided orally and in writing during the constructive dialogue
held by the members of the Committee and the delegation of Portugal.
B. Positive aspects
3. The Committee commends the State party on its efforts to implement
the recommendations made in connection with its second periodic report,
particularly legislative measures to promote equality between men
and women introduced through law No. 105/97 of 13 September 1997.
4. The Committee welcomes the fact that the State party has indicated
its strong support for an optional protocol to the Covenant and has
ratified the Additional Protocol to the European Social Charter providing
for a system of collective complaints.
5. The Committee
welcomes the State party's decision to ratify International Labour
Organization Convention No. 118 (Equality of Treatment (Social Security)).
6. The Committee
commends the efforts the State party is making to promote the independence
of East Timor and the substantial assistance it is providing to that
United Nations-administered territory.
C. Factors and difficulties impeding the implementation of the
Covenant
7. In the
light of information submitted to it by the State party the Committee
does not find any factors or particular difficulties that impede the
full implementation of the Covenant.
D. Principal subjects of concern
8. The Committee
regrets that approximately one fifth of the population of the State
party still lives below the poverty line and that no comprehensive
study of the problem of poverty has been undertaken by the State party.
9. The Committee
is concerned about the lack of a national human rights plan in accordance
with the recommendation contained in paragraph 71 of the 1993 Vienna
Declaration and Programme of Action.
10. The Committee
expresses its concern about the occurrence of child labour in breach
of the State party's international obligations, in particular, its
obligations under the Covenant.
11. The Committee
expresses its concern about cases of intolerance and discrimination
with regard to Roma people, refugees and immigrants. The Committee
also notes with concern that foreign workers cannot enrol in the vocational
guidance and training courses to which Portuguese workers are entitled.
12. The Committee
expresses its concern at the persistence of discrimination against
women in the fields of employment and equality of wages and opportunity
with men. Another subject of concern is the phenomenon of violence
against women, including marital violence.
13. The Committee
is also concerned at the increase of trafficking in women which is
linked to organized crime.
14. The Committee
takes note with concern of the increase in paedophilia and child pornography.
These phenomena are associated with the increase in drug trafficking
and consumption and other criminal activities which endanger the security
and health of the population of the State party.
15. The Committee
notes with concern the relatively high school drop-out rates and the
rate of high illiteracy in the State party.
E. Suggestions and recommendations
16. The Committee urges the State party to review its general strategy
for the eradication of poverty and step up its activities to combat
it.
17. The Committee
calls on the State party to adopt a national human rights plan in
accordance with paragraph 71 of the Vienna Declaration and Programme
of Action, of 1993.
18. The Committee
urges the State party to intensify its efforts to create a culture
of tolerance and to eliminate all forms of discrimination, in so far
as they affect women, Roma, asylum seekers and immigrants.
19. The Committee
urges the State party to allow foreign workers to enrol in the vocational
guidance and training courses to which Portuguese workers are entitled.
20. The Committee
recommends that the State party ensure stricter application of the
legal provisions guaranteeing men and women equal pay for equal work.
21. The Committee
suggests that the State party strictly implement the measures at its
disposal to monitor and impose the appropriate penalties on persons
or companies using child labour.
22. The Committee
recommends that the State party intensify its efforts to prevent drug
addiction among young people and impose appropriate penalties on persons
who commit offences relating to paedophilia, child pornography and
trafficking in women. The Committee also recommends that the State
party give due consideration to ratifying ILO Convention No. 138 (minimum
age).
23. The Committee
urges the State party to intensify its campaign against the persisting
problem of illiteracy in the State party.
24. The Committee
requests the State party to disseminate the present concluding observations
widely at all levels of society and reflect their implementation in
the next periodic report.
25. The Committee
has decided that the fourth periodic report of the State party should
be submitted by the State party by 30 June 2005.
