Committee on the Rights of the Child

Eighty-second session

9–27 September 2019

Item 4 of the provisional agenda

Consideration of reports of States parties

List of issues in relation to the combined fifth and sixth periodic reports of Portugal

Addendum

Replies of Portugal to the list of issues * , **

[Date received: 28 June 2019]

Part I

Reply to paragraph 1 of the list of issues

1.A clear measure of the state investment on the rights of children is the budget on pre-schooling, basic and secondary education. Although this budget was considerably affected by the economic crisis and the austerity policies, being reduced in 2012 and 2013 in around 20%, during the recent years it was improved (see graph below), and its proportion of the national GDP is above the average of OECD countries (OECD, Education at a Glance 2018).

State budget allocated to pre-schooling, basic and secondary education (in million euros)

Expenditure on education: budget implementation

2.In recent years there has been a consistent effort to include students’ perspective on the public policies, at different levels, as established in the 1986 Law of Education:

•Participation of students in schools’ decision-making is considered as one of the indicators in the External School Evaluation programme;

•Since 2017 the initiative “Voice of Student” is in place in order to generate in all public school spaces for collecting and discussing students’ perspectives, especially regarding education priorities and human rights, and to make these contributions visible in national events with government members and high-level public administration officers;

•Since 2017 the initiative “Participatory School Budget” is in place enabling all students in public lower and upper secondary schools (including vocational educational training) to develop, discuss and select proposals to manage a portion of the school yearly budget according to democratic procedures (applicable in more than 90% of public schools; schools not developing these procedures are not allowed to use this additional budget portion).

3.Concerning primary and secondary prevention programmes on violence against women and girls and domestic violence, funding has been secured by the EEA Grants Mechanism (300.000€) regarding children and youth.

4.At the primary prevention level there are action programmes that develop interpersonal skills free from gender stereotypes and a non-violence culture. This can range from early childhood and family-based approaches (namely aiming to reduce risk of child maltreatment; prevent views on gender roles and stereotypes, unbalanced relationships and acceptability of aggression and violence; reduce children’s aggressive behaviour and promote the development of positive skills; and multi-component programmes) to school-based approaches through education of students and the whole school community (namely aiming to address violent behaviours and social norms that relate to forms of violence against women, and promote cultural and attitudes shifts towards respect and equality), privileging multi-session programmes delivered over time, that are age-appropriate and include skill-building components that require the participants’ active involvement.

5.At the secondary prevention level there are intervention programmes that target children and youth or sub-groups showing early signs of engaging in or becoming a victim of violence against women and domestic violence, and work with relevant professionals for early detection and intervention (training, creating synergies and referral mechanisms with relevant authorities, among others), in articulation with the national network for the protection of domestic violence victims, and for the promotion and protection of children and youth.

6.Under the same fund, around 700.000€ were allocated to finance projects that combat sexual segregation in educational and vocational choices and projects that address traditional/stereotypical ideas of masculinity, targeted at boys in the areas of education, health and risk behaviours.

7.The National Plan for Youth, approved in 2018, includes several measures in the areas of education, health, housing and employment with implementation budgets, such as the extension of the Foreign and Borders Office Programme to issues of social reinsertion and protection of minors at risk, with a budget of 600.000€.

Reply to paragraphs 2 and 3 of the list of issues

8.The Prosecutor-General’s Office (PGO) has been undertaking an internal assessment of existing resources and operational needs within ongoing efforts to collect relevant data on all systems that register proceedings relating to children – in particular local commissions for the protection of children and youngsters, public prosecution services and courts – for the establishment of a single platform for integrated registration of all such proceedings, as provided for under the National Youth Plan and the activity plan of the National Commission for the Promotion of the Rights and Protection of Children and Youngsters (NCPRPCY).

9.The Central Department of Investigation and Prosecution (CDIP) has been cooperating since 2013 with the United States´ National Centre for Missing & Exploited Children (NCMEC) in the detection and investigation of child pornography. NCMEC collects data on missing and sexually exploited children and transmits it to competent police and judicial authorities. It has been particularly active in detecting users of websites which disseminate child pornography, as well as channels used to lure children into sexual activity and prostitution. Cases with a connection to Portugal are now reported directly to CDIP, which analyses them and, if warranted, initiates the relevant criminal inquiry, namely tracing the offender’s identity and residence. Once this is achieved, proceedings are transmitted to locally competent judicial authorities for further investigation.

10.According to an assessment report published in June 2018, the establishment of this cooperation mechanism had had very positive results, speeding up investigations in their crucial initial stages, thus allowing for the successful prosecution of crimes that otherwise would not be investigated.

11.PGO has also been establishing cooperation agreements with several higher education institutions on information technologies which may have a positive impact on the collection of data on offences against children through digital platforms.

12.In the case of data collected from criminal cases at the trial stage in the first instance judicial courts the Directorate General of Justice Policy (DGJP) has already implemented the disaggregation of crimes of homicide and personal offences determined by racial hatred or colour, as well as the crime of female genital mutilation.

13.However, for this type of crime the number of processes, defendants and convicts has stayed below 3 units, so it is protected by statistics secrecy.

14.DGJP has already asked for the introduction of these new items in CITIUS, the Portuguese case management system:

Description	Legal basis – Penal Code
Discrimination and incitement to hate and violence	Article 240
Discrimination and incitement to hate and violence (attempt)	Articles 240, 22 and 23
Aggravated threat determined by racial hatred or generated by colour	Articles 153 and 155 §1 2
Aggravated coercion determined by racial hatred or generated by colour	Articles 154 and 155 §1 2
Stalking aggravated by racial hatred or generated by colour	Articles 154-A and 155 §1 2
Aggravated forced marriage by racial hatred or generated by colour	Articles 154-B and 155 §1 2
Aggravated preparatory acts by racial hatred or generated by colour	Articles 154-C and 155 §1 2

15.Work is being done in relation to information which should be disaggregated (as victims´ characterisation in crime cases as age and sex).

16.As for hate crimes, it is worth mentioning that in addition of these improvements and the higher degree of disaggregation in statistical information collected (namely in terms of collecting disaggregated crime types/aggravated offences determined by racial hatred or colour), the Ministry of Justice has participated actively in the “Hate Crime Awareness Raising Workshop” sponsored by the European Union Agency for Fundamental Rights.

17.The NCPRPCY made a proposal for a Strategy to implement the Convention on the Rights of the Child, which included an Axis with measures aimed at a better collection of data on the Rights of Children. This proposal is awaiting approval by the Council of Ministers.

18.The Ministry of Health collects its own data for the reports of the Health Action for Children and Young at Risk.

Reply to paragraph 4 of the list of issues

19.The National Health Programme for Child and Youth instruments were all elaborated according to the principle of non-discrimination, allowing registration of 2 fathers/2 mothers/other caregivers and in some documents caregiver 1 and caregiver 2.

Reply to paragraph 5 of the list of issues

20.The amendments simplified the requirements for access to Portuguese nationality for children born in Portugal from foreigner parents, but did not directly target statelessness situations, since they were already provided for in the Law of Nationality.

Reply to paragraph 6 of the list of issues

21.The Students’ Status and School Ethics and the General Law of Labour in Public Activities are the legal framework documents for teachers’ work, upon which the General Inspectorate for Education and Science (GIES) acts. GIES receives and investigates with top priority all complaints received regarding violence against students by teachers or other school workers. It also applies sanctions (up to workers’ dismissal) and addresses all the available information to the Public Ministry, where a larger investigation may be conducted according to the Penal Code (criminal process).

22.Recent case laws:

•Family relationship:

•http://www.dgsi.pt/jtrc.nsf/8fe0e606d8f56b22802576c0005637dc/0685250ad24e395180257b960039699b?OpenDocument;

•www.dgsi.pt/jtrl.nsf/.../e95883d19f5f0d5580258057002deccb?OpenDocument;

•http://www.dgsi.pt/jtrl.nsf/33182fc732316039802565fa00497eec/e95883d19f5f0d5580258057002deccb?OpenDocument;

•Care/professional relationship:

•http://www.dgsi.pt/jtrc.nsf/c3fb530030ea1c61802568d9005cd5bb/4ebd8d4f6e59e4848025755c004e23db?OpenDocument ;http://www.dgsi.pt/jtre.nsf/134973db04f39bf2802579bf005f080b/b92047fa14675e8780257de10056f7c0?OpenDocument;

•http://www.dgsi.pt/jstj.nsf/954f0ce6ad9dd8b980256b5f003fa814/7b3cde591793c8b18025714d002b118c?OpenDocument.

23.In 2018 the new National Strategy for Equality and Non-Discrimination 2018–2030 (NSEND) brought under one umbrella areas which were embodied in separated national plans. This integrated approach fosters collaboration and coordination of efforts, valuing a common vision that simultaneously has a more structuring and sustainable effect on a desirable future.

24.NSEND includes 3 Action Plans which define concrete measures for the first 4 years of implementation (up to 2021):

•Action plan for equality between women and men;

•Action plan for combatting discrimination on the grounds of sexual orientation, gender identity and expression and sexual characteristics;

•Action plan for preventing and combatting against violence against women and domestic violence.

25.The Ministry of Justice does not have the information needed to evaluate the impact of Law 24/2017.

Reply to paragraphs 7 and 8 of the list of issues

26.In the Portuguese National Health Service access to health care is free until the age of 18 and for pregnant women. The rates of child health surveillance surveys were not affected during the austerity period.

27.In 2018 the Government relaunched the National Mental Health Plan, in which the area of childhood and adolescence plays a prominent role.

28.In recent years there has been an increase in the demand for specialized mental health services for children and adolescents, both at the outpatient clinic and at the emergency department level, as well as an increase in the severity of the clinical picture presented in this age group.

29.The public care network has had a positive development in the creation of services and units, whose impact is now reflected in the improvement of hospital indicators (number of professionals, number of consultations). Several health promotion and disease prevention programmes have been developed (including on suicide prevention), both in the school environment and at Primary care level, involving training and preparation of intervention materials with children and their families.

30.In the Hospital of São João the issue with facilities has already been solved.

31.It is a priority for the National Mental Health Plan to correct the regional asymmetry of professionals across the country, to increase the links with Primary care and to improve the available offer, as there is a shortage of candidates to fill in the vacancies of this specialty.

Reply to paragraph 9 of the list of issues

32.In 2015 the High Commission for Migration (HCM) launched the Fund to support the National Roma Communities Integration Strategy (NRCIS), now in its 3rd edition. The main goal of this Fund is to develop projects in partnership with different stakeholders, with a special focus on activities that fight discrimination targeting Roma and raise public awareness. The involvement of Roma associations and civil society is the Fund´s biggest asset.

33.In the 1st edition (2015) the Fund had a financial envelope of 50.000€ and 11 projects were supported. In the 2nd edition (2016) the financial envelope was doubled to 100.000€ and 21 projects were supported. The 3rd edition was launched in 2017 with a financial envelope of 250.000€ and 18 projects were approved and will be developed until the end of 2019.

34.In 2017 the Directorate-General for Education obtained a favourable opinion from the National Data Protection Commission to collect data on Roma students integrated into the educational system. The data collection took place between September and November 2017 by means of an electronic survey and it was possible to get an average response rate of 70%.

35.The report is available online in Portuguese and contains information on enrolments, school support and the results achieved by Roma students. It should be noted the following:

•Most Roma students benefit from the school socioeconomic support (for students in low-income families);

•The early school dropout in primary and lower secondary education is lower than 10%, but it is still worrying (higher than the average) and higher among girls than boys;

•Most Roma children already attend pre-schooling, although rates are lower than the overall attendance rate;

•Retention rates are still high in all education stages, but there was a decrease vis-à-vis the previous report (1997/1998);

•The number of Roma students in upper secondary education increased significantly during the last two decades, but it is still a minority and far from the overall attendance rate;

•Most Roma students are integrated in ordinary school groups in alternative curriculum paths;

•There is a high dispersion rate of these students in the public-school network: most school clusters reported Roma students within their educational community.

36.A 2nd edition of this Study will be issued by the end of 2019, with data from the academic year 2018/2019.

37.The integration of Roma children is a two-way process, involving both the Roma community and the educational system, ensuring equal access and the right to education, whilst respecting the values and traditions of Roma citizens. Early school dropout among Roma children is a major challenge. NRCIS foresees measures to guarantee Roma’s effective access to education, their educational success and lifelong learning: dissemination of Roma history and culture; follow-up mechanisms by the educational inspectorate on the integration of Roma children; activities in the framework of the “Choices Programme” with young Roma school dropouts and their families; scholarships for Roma to attend secondary and higher education; training teaching and non-teaching staff.

38.The 6th generation of the Choices Programme (2016–2018), created in 2001, aimed at the promotion of social inclusion of children and young people from socioeconomic vulnerable contexts, in a perspective of equal opportunities and social cohesion. During this period 112 projects were supported involving around 85.000 people across the country, as well as two pilot experiences in Europe – Luxembourg and London (ended in December 2017). The projects were structured in five main categories: 1) School inclusion and non-formal education; 2) Vocational training and employability; 3) Community and civic participation; 4) Digital inclusion; 5) Entrepreneurship and empowerment.

39.The action of each local project targeted children and young people between 6 and 30 years of age and involved family members and the community at large. A strong investment was made in the combat against lack of school success and absenteeism.

40.The consortiums required for these projects mobilized over 1.000 entities as formal partners, namely municipalities, parishes, schools, the Institute for Employment and Vocational Training, NCPRPCY, migrant associations, youth associations, NGOs, social security institutions, among others.

41.Until 30 June 2018, the projects´ results were:

•7.772 school and vocational school referrals;

•7.480 employment referrals;

•3.637 enrolments in vocational school;

•3.185 employment contracts;

•37 associations created;

•15.402 individuals certified in the Digital Inclusion Centres;

•37.142 participants in associativism and entrepreneurship activities.

42.68.914 individuals were involved in these projects until December 2018, of which 76,7% were children and young people, 12,7% were family members and 10,6% were categorized as other participants. In the 496.114 sessions held during this period, there was a slight predominance of girls (51%) over boys.

43.In 2016 the Operational Programme for the Promotion of Education (OPPE) was launched as an innovative measure to encourage the integration of Roma communities in higher education cycles. This initiative includes in the requirements a 40% mandatory representation of each sex for the beneficiaries, therefore promoting gender parity.

44.In its 1st edition (2016) 11 men and 13 women, between 18 and 39 years old, from 19 municipalities across the country, participated in OPPE. In the 2017 edition there were 25 university scholarships, supporting 32 Roma students, 14 women and 18 men, from 22 municipalities.

45.OPPE was developed by the HCM in partnership with civil society organisations. The Programme is not limited to providing financial support, as it also offers a capacity building programme and specialized technical support, awareness raising and family and community mediation, as well as individual support and tutoring for the students.

46.Other initiatives were developed to promote educational success and protect the rights of all pupils, especially those most vulnerable to school failure and/or from poor backgrounds:

(a)The “National Programme for School Success”, launched in 2016, to promote quality education for all and fight school failure;

(b)In the framework of the “No Hate Campaign”, the Portuguese Institute of Sports and Youth supported youth organisations and other NGOs in the development of non-formal education activities that promoted the rights of young Roma and their access to education and professional integration.

Reply to paragraph 10 (a), (b) of the list of issues

47.In 2017, PGO’s Office on Family, Children and Youngsters (see reply to question 13) participated in a Working Group (WG) chaired by the Secretary of State for Citizenship and Equality and composed by representatives of the High Council of the Bench, the NCPRPCY, the HCM, the Foreigners and Borders Office (FBO) and the Institute of Social Security with the purpose of promoting early coordination among these entities engaged in giving responses to the situation of unaccompanied foreign children.

48.Within this WG an organizational chart was developed to facilitate the handling of procedures relating to the entry and care of such children, from the initial asylum and protection request to judicial decisions thereon and execution of reception measures.

49.A communication protocol has been agreed between the FBO and the Public Prosecution for dealing with unaccompanied foreign children entering national territory, aiming to: appoint a representative for each child so as to facilitate the exercise of his/her rights within asylum and protection proceedings; initiate proceedings to promote and protect the rights of the child, within which a determination will be made regarding the child’s care and provisions taken regarding monitoring and follow-up of such measures.

Reply to paragraph 11 (a), (c) of the list of issues

50.Answer to a) and c): The Ministry of Justice constituted a WG with the exclusive purpose of analysing international recommendations on the subject, which met for 2 years and concluded its work.

Reply to paragraph 11 (b) of the list of issues

51.The act 103/2015, of 24 August amended the Criminal Code and created the criminal identification record system of convicted offenders against children’s sexual freedom and self-determination, allowing for the implementation of legal mechanisms in the field of sexual abuse, including online, by laying down criminal legal types and procedural and follow-up measures regarding this phenomenon.

52.Studies and a working group have already been initiated aiming to address the phenomenon of sex tourism.

53.The Criminal Police set up a National Unit for Fighting Cybercrime and Technological Crime, in particular of the Forensic Science field, to achieve the necessary structural, preventive and repressive response to cybercrime and cyberterrorism. This Unit was drawn on the model adopted by the EC3 (European Cybercrime Center) of EUROPOL, whose main areas are sexual abuse of children through the internet, card fraud and fraud committed via other electronic and virtual means of payment, pure computer crime and offences committed resorting to computer means.

54.In 2018 the Project iEye – Image and video processing solution was implemented, co-financed by the Internal Security Fund, which concluded that as regards the investigation of modern forms of crime and, in particular, those related to child pornography offences, image and video processing is a key part of the criminal investigation, without which it is not possible to further increase the efficiency levels of law enforcement and judicial authorities.

55.The National Cyberspace Security Strategy 2019–2023 was recently approved with the purpose, inter alia, to promote the free, safe and efficient use of cyberspace by all citizens, companies and public and private entities. Under this strategy, competent authorities must be able to prepare legislative proposals to adjust criminal material and procedural rules, especially those related to cross-border access to data (digital evidence), cooperation with foreign communications operators, research and update of the legal framework on data retention and seizure of electronic mail and other communications of a similar nature (consult answer above).

Reply to paragraph 12 (a) of the list of issues

56.This measure is already in place by Law 31/2004 that adapts national legislation to the International Criminal Court Statute and qualifies this behaviour as a war crime against people.

Reply to paragraph 12 (b), (c) of the list of issues

57.According to the Decree-Law 125/2015, of July 7, military schools (Colégio Militar and Instituto dos Pupilos do Exército) are integrated in the Portuguese Army structure and are under the political control of the Ministry of National Defence (MND). Both schools are effectively integrated in the Portuguese Education System, with pedagogical parity with other public and private schools and a joint decree for the evaluation system is in place that allows the coordination between the MND and the Ministry of Education. Military schools are planned to be involved in the current cycle of the School External Evaluation programme.

58.The General-Inspectorate of Education and Science (GIES) participates in the auditing boards of military schools regarding curriculum development, pedagogic organization and inquiries on complaints of maltreatment or misapplication of discipline. Usually, such boards are composed by inspectors from the education and defence sectors. GIES also carries out controlling actions on the implementation process of national exams.

Part II

Reply to paragraph 13 (a) of the list of issues

59.Aiming at the educational success for all, the Ministry of Education designed the document Student’s Profile by the End of Compulsory Schooling (12 years), established the National Strategy for Citizenship Education and launched the Project for Autonomy and Curriculum Flexibility.

60.The Student’s Profile is a reference document for the organization of the whole educational system, contributing to the convergence and coordination of the decisions inherent to the several dimensions of curriculum development. Thus, it works as a matrix for decision-making to be adopted by managers and other educational professionals of the bodies responsible for educational policies and for school clusters and schools.

61.The Student’s Profile aims to ensure the quality of inclusive education, enabling lifelong learning, including curriculum and Citizenship Education, in an intentionally integrated way. This framing document allows an answer to the inclusive and multifaceted nature of schools, ensuring that, regardless of the learning paths, all learning is guided by principles, values and by an explicit vision defined by social consensus.

62.Compulsory education is for all, fostering equality and democracy. The National Strategy for Citizenship Education was established through the introduction of the curriculum component “Citizenship and Development” and is aligned to the document Student’s Profile. The Strategy aims to support students in the development and active participation in projects, which promote fairer and inclusive societies in the context of democracy, respect for diversity and the defence of Human Rights.

63.The Project for Autonomy and Curriculum Flexibility defines the guiding principles and rules for the design, implementation and assessment of the curriculum of both primary and secondary education, so that the Student’s Profile can be achieved.

64.As an outcome of all the reflection work on the new curriculum design, the Decree-Law 55/2018, of 6 July, was approved establishing the curriculum of primary and secondary education, the guiding principles for the learning design, implementation and assessment, so as to ensure that all students acquire the knowledge and develop the skills and attitudes, which contribute to the attainment of the expected skills in the Student’s Profile.

65.The National Plan for the Arts (2019–2029), supervised by the Ministries of Culture and Education responds to the need to organize and combine all existing initiatives aimed at the community, namely by contributing to the achievement of the areas of competences registered in the Students´ Profile by the End of Compulsory Schooling, as those related to critical and creative thinking and aesthetic and artistic sensitivity.

66.The Ministerial Implementing Order 69/2019, of 26 February regulates the educational modalities of home schooling by parents and home schooling by tutors, referred to respectively in paragraphs b) e c), n. º 1 of Article 8 of by Decree-Law 55/2018, of 6 July.

67.The Ministerial Implementing Order 223-A/2018 regulates the educational provisions of primary education provided for in n.º 2 , Article 7 of Decree-Law 55/2018, of 6 July.

68.The Ministerial Implementing Order 226-A/2018 regulates the Scientific humanistic courses, referred to in paragraph a) of n.º 4, article 7 of Decree-Law 55/2018, of 6 July.

69.With the publication of Decree-Law 54/2018, of 6 July, Portugal clearly makes a commitment to inclusive education as a process aimed at responding to the diversity of pupils’ needs through increased participation of all. This commitment also aims to meet the 2030 Agenda Sustainable Development Goals. This new political approach expands the 2008 effort and is oriented towards the (full) inclusive education model, assuming inclusiveness – in the broad sense – as the cornerstone of all education policy and a key responsibility of the public educational system. This law assumes that there is no need to categorize to intervene; labelling students is avoided. The continuous and integrated vision of the educational approach that is now promoted, requires an evaluation process of the needed learning supports – which considers the student’s academic, behavioural, social and emotional aspects, but also environmental factors – a decisive step in the sequencing and dynamics of any intervention. All children are in mainstreaming educational settings, regardless their gender, race, religion, skills, social condition, etc.

70.With the mission to promote youth mainstreaming in public policies for strengthening the special protection of young people, the National Plan for Youth was approved by Resolution of the Council of Ministers 114-A/2018.

71.Other regulations:

•Council of Ministers Resolution 151/2018, of 22 November – renewal of the Choices Programme (2019–2020);

•Council of Ministers Resolution 61/2018, of 21 May – approval of the National Strategy for Equality and Non-Discrimination Portugal + Igual;

•Council of Ministers Resolution 80/2018, of 19 July – approval of the Fourth Action Plan for preventing and combating trafficking in human beings (2018–2021);

•Council of Ministers Resolution 54/2018, of 29 November – approval of the National Strategy for the Integration of Roma Communities, extending it until 2022;

•Act 93/2017, of 23 August, laying down the legal framework for preventing, prohibiting and combating discrimination on the grounds of racial and ethnic origin, colour, nationality, descent and territory of origin;

•Implementing Decree 2/2018, of 24 January on the conditions for the organisation and functioning of assistance structures, emergency reception solutions and shelters within the national network for the support of victims of domestic violence, as provided for in Act 112/2009, of 16 September, as amended;

•Act 26/2018, of 5 July on the regularisation of the legal status of children and young people with foreign nationality hosted in State institutions or similar.

Reply to paragraph 13 (b), (c) of the list of issues

72.Having as main purpose the promotion of equal opportunities in the access to the curriculum and to educational success for all students, throughout compulsory schooling and in order to meet the challenges set by the contemporary society, schools were granted with Autonomy and Curriculum Flexibility, in such a way that they can manage the curriculum, according to their needs and interests, both in primary and in secondary education (Decree-Law 55/2018, of 6 July).

73.A change of organizational and pedagogical practices is encouraged based on curriculum framing documents that define the core curriculum competences to be carried out by all students, in order to foster the most meaningful learning and ensure that they achieve the expected skills in the Student’s Profile by the End of Compulsory Schooling.

74.The Decree-Law 54/2018, of 6 July established simultaneously principles and rules for the inclusion of all students as a process aiming to meet the diversity of needs and potential of each student, through an increasing participation in learning processes and in the life of the educational community. For this purpose, the measures to support learning and inclusion were identified in the specific curriculum areas, as well as the specific resources to be mobilized.

75.In order to support schools, the Directorate-General for Education (DGE) published the document “For an Inclusive Education – Handbook to Support Practice” in 2018.

76.Portuguese as a Second or Foreign language (PFL) was a subject made available with the goal of promoting the inclusion of students who are newcomers to the educational system both in primary and secondary education curricula.

77.PFL students who are placed as beginners may benefit from educational measures to smooth their access to the curriculum.

78.In the scope of the European Union’s Migration Agenda extraordinary educational measures were created for students who have refugee status and asylum seekers with the purpose of promoting inclusion in the Portuguese educational system, such as granting equivalences of foreign qualifications and offering Social School Action. To support schools fulfilling their role, DGE has released the “Host Guide – Preschool education (primary and secondary education)”, in 2016.

79.The Act 69/2019, of 26 February on home schooling created the conditions that allow students’ educational success, ensuring compliance with current curriculum frameworks and an education with quality. It set up the procedures, follow-up requirements and monitoring of the educational process under these arrangements, as well as the parents and schools´ responsibilities where they are enrolled.

80.Another measure in place since 2006 is related to the action in educational territories of priority intervention, in particular the promotion and support of educational projects that aim to improve the quality of education, fostering school success, change to adult life, as well as community integration.

81.The defence of children’s rights, with emphasis on juvenile justice, constitutes a priority area for public prosecution authorities. In 2017 PGO created an Office on Family, Children and Youngsters where PGO and the NCPRPCY meet with every prosecutor acting in the area of family and children and representatives of local child protection commissions in all 23 judicial constituencies, in order to identify obstacles, difficulties and best practices in interventions on children and youngsters, evaluate shortcomings and flag training deficits, at the national and local levels. This initiative includes the elaboration of a final report with potential indicators of problems and unnecessary obstacles to interventions and may serve as a basis for the adoption of those amendments deemed in guidelines for the work of relevant professionals.

82.PGO has launched a new website with a wealth of updated information on the rights of the child and related areas: such as parental responsibilities and their limitation and inhibition; adoption; guardianship; promotion and protection of the rights of children. A new section devoted to the human rights of children has been launched in May 2018, including detailed information on the work of the Committee on the Rights of the Child and other relevant regional and universal bodies dealing with child-related matters, including the text of all reports submitted by Portugal to such bodies, concluding observations and other relevant documentation thereon; Portuguese versions of the vast majority of universal and regional human rights instruments on children; databases, jurisprudence, documents, publications and information notes on the rights of the child.

83.A new project on Electronic Assistance to Citizens has been developed that will provide practical and simplified information on those areas where public prosecution is competent to act in court, including the protection of rights of children and youngsters, and enable registered users to submit petitions to public prosecution authorities directly via a digital platform.

84.Public prosecution authorities have signed protocols at the local and international levels to share good practices and enhance cooperation in legal proceedings involving children: for example, with the Prosecutor-General’s Offices of Mozambique (2014), Angola (2016) and Andorra (2018). Also relevant in this regard are protocols dealing, for instance, with transnational crime, namely cybercrime and trafficking in persons (Cuba, 2016 and 2019; Argentina, 2017; Egypt, 2018; Cape Verde, 2018).

85.PGO has signed agreements for the protection of victims of domestic and gender-based violence aimed namely at enhancing the training of prosecutors, law enforcement and other professionals, disseminating best practices and providing practical guidance for their work have been celebrated with NGOs (eg. Portuguese Association for Victim´s Support – PAVS, 2016) and public bodies, including security forces (2018). Six Offices for Assisting Victims (GAV) are due to start operating throughout the country in May 2019, pursuant to protocols signed by PGO, the Ministry of Justice and three NGOs. GAV will bring together prosecutors, law enforcement officers and NGO experts to ensure continuous reception, information and support and personalized referral of victims of domestic violence and gender-based violence. Also, within its partnership with PAVS, PGO is participating in the Provictims and ROAR projects, aimed at enhancing support to victims of crime (in general) and cybercrime. A new directive for prosecutors containing professional guidelines for cases of domestic violence is about to be published.

86.In February 2019, PGO launched a plan of action on “Children and crimes in the Internet” for professionals with responsibilities on children and youth, and the overall community, which identifies acts typified as a crime committed through the Internet by or against children; provide specialized training thereon to prosecutors; promote coordination between prosecutors from criminal and family and children jurisdictions; and foster dialogue and information-sharing between prosecutors and other actors of child protection and juvenile justice systems. This plan of action includes seminars, thematic workshops for relevant professionals and training activities in all judicial constituencies.

87.PGO is also participating in the elaboration of two reference guides: on human rights education for pre-school, basic and secondary students; and on the care of children and youngsters in therapeutic communities, with the purpose of indicating steps to be taken as from the identification of a situation of risk until the end of intervention, as well as available resources in the area.

88.The Portuguese Criminal Police dedicates attention to children in all stages of the investigation. For example, there is an exclusive room where children can stay whenever needed, which is duly equipped with toys, a television set and a computer; this room is not intended for interviews.

89.Squads investigating offences against sexual self-determination were also equipped with car seats for children, as there may be a need to ensure transportation between the facilities of the Criminal Police, medical care establishments, residence, among others.

90.The Child Support Institute hotline “SOS – Criança” [SOS-Child] is forwarded to the 24/7 response service of the Criminal Police every working day between 7 p.m. and 9 a.m., and 24h at weekends and holidays.

Reply to paragraph 13(d) of the list of issues

91.Since 2014 Portugal has ratified 18 human rights conventions:

(a)European Agreement relating to persons participating in proceedings of the European Court of Human Rights;

(b)Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe;

(c)Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms;

(d)Additional Protocol to the Convention on Human Rights and Biomedicine concerning Transplantation of Organs and Tissues of Human Origin;

(e)Protocol amending the European Convention on the Suppression of Terrorism;

(f)Additional Protocol to the Criminal Law Convention on Corruption;

(g)Additional Protocol to the Convention on Human Rights and Biomedicine, concerning Biomedical Research;

(h)Council of Europe Convention on the Prevention of Terrorism;

(i)Additional Protocol to the Convention on Human Rights and Biomedicine concerning Genetic Testing for Health Purposes;

(j)Third Additional Protocol to the European Convention on Extradition;

(k)Council of Europe Convention on the counterfeiting of medical products and similar crimes involving threats to public health;

(l)Protocol No. 15 amending the Convention for the Protection of Human Rights and Fundamental Freedoms;

(m)Council of Europe Convention on the Manipulation of Sports Competitions;

(n)Council of Europe Convention against Trafficking in Human Organs;

(o)Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism;

(p)Council of Europe Convention on an Integrated Safety, Security and Service Approach at Football Matches and Other Sports Events.

(q)Kampala Amendments to the Rome Statute of the International Criminal Court;

(r)Amendment to article 124 of the Rome Statute of the International Criminal Court.

Part IIIData, statistics and other information, if available

Reply to paragraphs 14, 15 (a) of the list of issues

92.National citizens 0 to 17 years (as 12.05.2019):

•Number of persons residing in Portugal: 1.771.842;

•Number of foreign residents: 374.459 (Source: Ministry of Justice).

Reply to paragraph 15 (b) of the list of issues

93.Number of married children 16 to 18 years old:

•2016: 107;

•2017: 132;

•2018: 154(Source: Ministry of Justice).

Reply to paragraph 15 (c) of the list of issues

Crime	Age	Number of persons injured/offended
2018	2017	2016
Discrimination and incitement to hate and violence (article 240 Penal Code)	Up to 16 years	9	-	-
	16 to 24 years	8	7	5

Last update : 27/03/2019.

Source : Ministry of Justice.

Crimes recorded by the criminal police bodies	Number of crimes
2018	2017	2016
Discrimination and incitement to hate and violence (article 240 Penal Code)	63	48	25

Last update : 27/03/2019.

Source : Ministry of Justice.

Reply to paragraph 15 (d), (e) and (f) of the list of issues

95.Number of children (above the age of 16) who have changed their name and gender:

•2016: 0;

•2017: 0;

•2018: 16 years (3), 17 years (8) – (All cases respect the change into the masculine gender. Source: Ministry of Justice).

Reply to paragraph 15 (g) of the list of issues

Cases, defendants, and convicted in criminal cases (trial stage) ended in the first instance judicial courts

Crime	Sexual abuse of children (article 171 Penal Code)	Pandering/trafficking of children (article 175/article 160 § 2 and § 5 Penal Code)
Year	2017	2016	2015	2017	2016	2015
Cases	360	333	351		3	6
Defendants	389	369	399	3	3	6
Convicted	302	280	323			3

Last update : 31/10/2018 .

Source : Ministry of Justice.

Notes :

( a ) The counting of the cases takes into consideration the most serious crime of the case; the counting of defendants takes into consideration the most serious crime of which they were accused of; the counting of the convicted takes into consideration the more serious crime of which they were convicted;

( b ) The cases that were joined, embedded or integrated and forwarded to another entity;

( c ) Since January 2007 the statistical data on proceedings before the courts of 1 st instance is collected from the court’s computer system, representing the situation of the cases registered in that system. Void result/protected by statistical secrecy.

Reply to paragraph 15 (h) of the list of issues

96.The Ministry of Health has registered, between 2014 and 2017, 237 female genital mutilations.

Reply to paragraph 15 (i) of the list of issues

97.The Decree-Law 23/2014 established the operating regulations of artistic performances, the installation and inspection of fixed hosting venues for artistic performances and increased the viewers age for tauromachy shows from 6 to 12 years of age.

98.As far as underage performers are concerned, the minimum age for performing is 16 years of age (Law 31/2015 in conjunction with Law 105/2009), with the permission of the Commission for the Protection of Children and Young People. There was only 1 case registered in 2014 and 2 cases in 2017.

99.There are no official data on training taking place in bullfighting schools.

Reply to paragraph 15 (j) of the list of issues

100.No cases were reported in 2016, 2017 and 2018 (source: Ministry of Justice).

Reply to paragraph 15 (k), (l) of the list of issues

101.Children are authorized to stay with their mothers in a prison setting, in accordance with the Code for the Enforcement of Sentences and Deprivation of Liberty Measures, Law 115/2009, of 12 October. Only the Prison of Tires (District of Lisbon) and of Santa Cruz do Bispo (District of Porto) have the conditions to accommodate the children of the detainees. As 1 April 2019, 29 children were in this situation (source: Ministry of Justice).

Reply to paragraph 15 (m) of the list of issues

Number of HIV infection cases diagnosed, according to the year of diagnosis

Age group	< 18 years old
Year	Total	Men	Women
2016	15	9	6
2015	15	9	6
2014	21	9	12

Source : National Programme for HIV/AIDS Infection, Directorate-General of Health .

Reply to paragraph 15 (n) of the list of issues

Prevalence of consumption of any illicit substance throughout life 13–18 years old, in 2015

Ages	% of population
13	2 . 7%
14	5 . 9%
15	10 . 1%
16	17 . 7%
17	27.0%
18	35 . 2%

Source : Feijão, 2009, Feijão et al. 2012; Feijão, 2016/Intervention Services in Addict ive Behaviours and Dependencies.

102.Recent studies on children using illicit drugs or substances in Portugal:

(a)Survey on Addictive Behaviours conducted for the 3rd time targeting youth who completed 18 years old in 2017, called for the National Defence Day (82 872 individuals). The prevalence of use of any drug – 34% lifetime prevalence, 26% in the last 12 months and 16% in the last 30 days – were broadly in line with the pattern of previous year’s results and other recent studies in school populations of the same age, although showing a higher frequency of cannabis use and also higher prevalence of use of illicit substances other than cannabis. Consumption continued to be more expressive in boys;

(b)Survey on Alcohol, Tobacco and Drug Use, conducted in 2015, targeting students from 13 to 18 years old. The lifetime prevalence of any drug (between 3% at 13 years old and 35% at 18 years old) was very similar to those of cannabis (between 2% at 13 years old and 34% at 18 years old). Prevalence of recent cannabis use ranged from 1 % (13 years old) to 27 % (18 years old) and of current use from 0,7 % (13 years old) to 14 % (18 years old). Between 2011 and 2015 a decline in prevalence of use of any drug at almost all ages was registered except older ones (stability at 17 and rise at 18 years old). As in previous years, overall, illicit substance use was more expressive among boys than girls of all ages;

(c)A European School Survey Project on Alcohol and Other Drugs was conducted in 2015 targeting 16 years old students. Portugal registered, in general, prevalence of use of any drug (16%), cannabis (15%) and other illicit substances (4%) lower than the European average, with lower prevalence among boys and very similar among girls. Between 2011 and 2015 there was a decrease in the prevalence of use of most of the drugs considered, more significantly in the male group. About 1% of respondents reported having daily/almost daily cannabis use, as in 2011. It should be noted that the lifetime prevalence of use of other substances, namely new psychoactive substances and medicines, was equal to or lower than 2% in the various studies conducted in 2014 and 2015, except for the use of tranquillisers/sedatives, in particular with prescription, which registered higher prevalence.

Reply to paragraph 15 (o) of the list of issues

Requests for international protection

2018	Age group
Total	0 – 18	19 – 39	40 – 64	+65
Total	1 270	346	743	173	8
Men	829	204	509	113	3
Women	441	142	234	60	5
2017	Age group
Total	0 – 18	19 – 39	40 – 64	+65
Total	1 741	585	949	196	11
Men	1 067	328	612	123	4
Women	674	257	337	73	7
2016	Age group
Total	0 – 18	19 – 39	40 – 64	+65
Total	1 460	381	904	164	11
Men	978	214	648	112	4
Women	482	167	256	52	7

Source : Foreigners and Borders Office .

Concession of international protection

2018	Age g roups
Total	0–18	19–39	40–64	+65
Total	AR RH	REF	Total	AR RH	REF	Total	AR RH	REF	Total	AR RH	REF
Total	691	279	164	115	309	179	130	98	59	39	5	3	2
Men	400	153	87	66	192	115	77	53	35	18	2	1	1
Women	291	126	77	49	117	64	53	45	24	21	3	2	1

Source : Foreigners and Borders Office .

Note : AR RH – Residence permits for humanitarian reasons; REF – Recognized refugee status .

2017	Age g roups
Total	0 – 18	19 – 39	40 – 64	+65
Total	AR RH	REF	Total	AR RH	REF	Total	AR RH	REF	Total	AR RH	REF
Total	501	163	147	16	282	182	100	52	49	3	4	4	0
Men	327	90	79	11	201	122	79	34	31	3	2	2	0
Women	174	73	68	5	81	60	21	18	18	0	2	2	0

Source : Foreigners and Borders Office .

Note : AR RH – Residence permits for humanitarian reasons; REF – Recognized refugee status .

2016	Age g roups
Total	0–18	19–39	40–64	+65
Total	AR RH	REF	Total	AR RH	REF	Total	AR RH	REF	Total	AR RH	REF
Total	370	81	56	25	227	162	65	61	49	12	1	0	1
Men	217	40	27	13	139	96	43	38	27	11	0	0	0
Women	153	41	29	12	88	66	22	23	22	1	1	0	1

Source : Foreigners and Borders Office .

Note : AR RH – Residence permits for humanitarian reasons; REF – Recognized refugee status .

Requests for international protection – unaccompanied minors

Year	Total	Age
Total	Men	Women
UNK	0 – 13	14 – 15	16 – 17	Total	UNK	0 – 13	14 – 15	16 – 17	Total	UNK	0 – 13	14 – 15	16 – 17
2018	36	5	2	1	28	26	4	1	1	20	10	1	1	0	8
2017	28	4	2	5	17	22	4	2	1	15	6	0	0	4	2
2016	24	1	1	3	19	16	1	0	2	13	8	0	1	1	6

Source : Foreigners and Borders Office .

Note : UKN – Unknow n.

Reply to paragraph 15 (p) of the list of issues

103.See answer to paragraph 9.

Reply to paragraph 15 (q), (r) of the list of issues

Crime (Article 160 Criminal Code)	Age	2018	2017	2016
Trafficking in human beings	Up to 16 years old	-	-	5
16 to 24 years old	9	5	13

Last updating 27/03/2019 .

Source : Ministry of Justice .

Reply to paragraphs 15 (s), 16 and 17 (a), (b), (c), (d) and (e) of the list of issues

104.According to the latest Directorate-General Statistics for Education and Science report (based on data from 2017/18), there were 88.023 students (from age 3 to 18) with special needs education, 76.028 of them attending regular public schools (86.4%), 11.011 attending regular private schools (12.1%) and only 982 attending special education institutions (1.1%).

105.During the last five years, there was an increase of around 25% in the number of students with special needs education due to a better diagnosis, but there was a decrease in the number of those attending special education institutions (meaning an improvement on inclusiveness of regular schools). The distribution between private and public regular schools is similar to the one observed for the overall students.

106.From those attending regular schools, 83.017 have personalized pedagogic support, 46.013 have some kind of therapeutic support, 13.340 have a specific curriculum, 4.218 are less than 20% of the weekly time with a regular group, and 2.156 are simultaneously attending special units for multiple congenital disabilities partially during school time.

107.A factor of concern is the high number of special needs students in upper primary and lower secondary education, probably meaning some gaps in diagnosis in the first school years, as well as some challenges for many of these students to accomplish upper secondary education.

Reply to paragraphs 17 (f), (g), 18 and 19 of the list of issues

108.The work on Human Rights and the Sustainable Development Goals (SDG) including child participation is being fostered, especially through the National Strategy for Citizenship Education, launched in 2017, and run in basic and secondary schools through a new subject on Citizenship and Development.

109.The National Youth Plan is the main instrument for the national implementation of SDGs regarding youth policies. The Plan is divided into strategic objectives, operational objectives, measures and activities, which are associated with implementation indicators, as well as an indication of the respective SDG.

110.Education policies include the promotion of children contact with monuments and museums and the development of specific and adapted contents to encourage familiarization with artistic objects and their symbolic universe. The Ministry of Culture develops several initiatives, such as:

•The National Reading Plan (2017–2027) is a joint initiative among 3 Ministries (Culture; Education; Science, Technology and Higher Education) and the Secretary of State for Local Authorities aiming at promoting social integration through reading, in different media;

•The National Cinema Plan, created in 2013, is a film literacy programme for the dissemination of national cinematographic in public schools. In the school year 2017/2018 more than 64.000 children across the country benefited from this plan. The Plan is a joint initiative of the Portuguese Cinemateca – Cinema Museum, the Institute of Cinema and Audiovisual and the Ministry of Education;

•The Cinemateca Júnior project, created in 2006, was developed by the Portuguese Cinemateca – Cinema Museum, and has special programmes, regular projections, guided visits and ateliers to teach on cinema history and cinema techniques. In 2017 the number of young participants was of 9.482.

111.The Security Forces have adapted structures and resources to implement the SDGs. Community Policing and Proximity Special Programmes have been set up as a strategy for solving citizens’ problems, involving them in the identification and resolution of those problems, involving others social partners, and also by reducing crime and increasing population’s feeling of security. The “Safe School” Programme, supervised by the Ministry of Home Affairs, allows interacting with the school community through awareness-raising actions addressing human rights, citizenship and non-discrimination, trafficking in human beings, violence and crime prevention.

112.Within the Lanzarote Convention and the 2nd thematic monitoring round of the Convention, the Ministry of Justice undertook a study and presented data concerning the “Presentation of children’s contributions based on submissions following the Guidelines for implementation of Child Participation”.

Reply to paragraph 20 of the list of issues

113.The rate of early drop-out of education and training stood at 11.8% in Portugal and at 11,2% in the Portuguese Mainland (Statistics Portugal, 2018). This shows a very meaningful improvement compared to 2016 (14.5%).

Visitors inserted in school visits of museums by typology

Years	2014	2015	2016	2017
Total	1 525 223	1 713 934	1 936 351	1 757 159
Art museums	380 851	428 695	762 678	502 649
Archeology museums	60 869	72 026	89 052	130 254
Natural sciences and natural history museums	18 907	30 191	25 686	27 018
Science and technology museums	271 548	285 762	215 263	247 237
Museums of ethnography and anthropology	101 999	96 964	90 228	88 019
Specialty Museums	179 606	174 981	173 528	192 202
History Museums	266 879	318 068	316 867	302 323
Mixed and multidisciplinary museums	152 026	216 129	162 596	172 456
Territory Museums	7 1243	60 841	56 819	56 999
Other museums	21 295	30 277	43 634	38 002

Source : Statistics Portugal, Museums Survey (Annual) .

Activities of the museums oriented to the school public by typology

Years	2014	2015	2016	2017
Total	329	338	350	374
Art museums	67	63	66	74
Archeology museums	30	33	36	38
Natural sciences and natural history museums	6	6	8	9
Science and technology museums	27	27	27	29
Museums of ethnography and anthropology	46	50	51	55
Specialty Museums	43	44	44	51
History Museums	38	42	43	40
Mixed and multidisciplinary museums	55	58	55	60
Territory Museums	13	12	16	13
Other museums	4	3	4	5

Source: Statistics Portugal, Museums Survey (Annual) .

Percentage of the museums with educational services by typology in 2017

Year	2017
Total	75%
Art museums	77%
Archeology museums	67%
Natural sciences and natural history museums	100%
Science and technology museums	73%
Museums of ethnography and anthropology	72%
Specialty Museums	69%
History Museums	73%
Mixed and multidisciplinary museums	85%
Territory Museums	69%
Other museums	71%

Source: Statistics Portugal, Museums Survey (Annual) .

Reply to paragraph 21 of the list of issues

114.The rights of the child, in particular the approach to juvenile justice, constitute a priority area for Public Prosecution in the triennium 2019–2021, with particular focus on such issues as violence in school settings, sports or cultural events, and crimes committed through new information technologies.

115.In September 2015, the manual for the basic and secondary schools “Children and youth exposed to domestic violence: to know and qualify the responses in the community” was approved in order to implement strategies leading to a society based on equality and free from discrimination and violence. In this manual one can find guidelines for the intervention in schools with children and youth exposed to domestic violence, information on the concepts inherent to the subject of domestic violence, warning signs, and strategies and procedures in this area.

116.The current Action Plan for the Prevention and Combating Violence against Women and Domestic Violence (2018–2021) includes several measures to prevent harmful traditional practices, especially those concerning prevention and combating female genital mutilation and early and forced marriages, such as the introduction of these themes in the educational and training contents for teachers of the public educational system (all levels including higher education) and the production of a report about harmful traditional practices in Portugal, Lusophony and the EU, in order to better understand the phenomenon.

117.In 2016, the Government implemented a pilot programme on distance-learning education, fundamental to reduce training and skill shortages, including on information and communication technologies. In the context of the International Day of the Girl Child, one of the initiatives held since 2017 is the project “Engineers for a day”. This initiative aims to prevent and combat the segregation of occupations on the basis of sex and is directed to secondary school students (10th and 11th grades in the area of science and technology) and students of the 3rd cycle of basic education (professional courses).

118.The project “Education Guides for Gender and Citizenship Project” aims directly teachers (from 1st grade to 12th grade) and counsellors of schools and intends to mainstream gender equality into the education system by integrating gender equality perspective and women’s studies in teachers’ pedagogical practices and in school culture and organization by making gender equality a central issue of the National Strategy for Education for Citizenship. The project has been extended to municipalities in order to facilitate the integration of gender equality, both in higher education curriculum and in local policies for gender equality, as well as for education and for sport. Since 2013–2014, the Education Guides have been included in teachers’ training covering nearly 1.800 teachers – 84% female and 16% male – from 54% of public school clusters.

119.Since the school year of 2018–2019, gender equality was integrated by many schools in the compulsory subject of “Citizenship and Development”, as well as in the schools Strategy for Citizenship Education, approved by each school cluster until the end of 2018.

120.In August 2018 the NGO Akto – Human Rights and Democracy opened a shelter and protection center for children victims of trafficking in human beings. This shelter has the capacity to accommodate 6+1 children, ensuring them temporary care and support in a safe place, providing a dignified and welcoming environment that promotes an integral development of their physical and mental health, and their social integration, providing medical, juridical, psycho-social and educational support. The operation of the shelter is based on 3 key principles: confidentiality regarding its location, cross-functional and specialized technical support and the provision of a 24/7 Help Line.

121.A better evaluation of programmes and actions and the measurement of their effectiveness should be a priority.