Legislative and policy framework
Portugal’s 1976 constitution enshrines the principle of equality in Articles 9 (‘Fundamental tasks of the state’) and 13 (‘Principle of equality’). Article 9(h) states that promoting equality between women and men is a responsibility of the state and Article 13(2) states that no individual may be privileged, favoured, harmed, deprived of any right or exempted from any duty on the grounds of ancestry, sex, race, language, territory of origin, religion, political or ideological beliefs, education, economic situation, social condition or sexual orientation.[1]
Portugal does not have an overarching law focused exclusively on gender equality; however, in addition to being clearly established in the Portuguese constitution, the principle of gender equality has been extended to the entire Portuguese legal system, which guarantees protection in cases of discrimination and mandates the promotion of equality between women and men. Portugal has a range of laws that cover various aspects of gender equality and non-discrimination in areas such as parental leave, unpaid care work and labour, representation in politics and decision-making, access to goods and services, employment and equal pay.[2]
Portugal has a highly developed policy and legal framework for implementing gender mainstreaming through the Commission for Citizenship and Gender Equality (Comissão para a Cidadania e a Igualdade de Género (CIG)), counsellors for equality at the ministerial level and local equality advisers/counsellors at the municipal level, and legal obligations on gender budgeting and impact assessments. Gender mainstreaming was first included in Portugal’s legal framework in 1977, in the legal document that institutionalised the UN Commission on the Status of Women. The 1997 global plan for equal opportunities further integrated gender perspectives into all policies.
The 2018–2030 national strategy for equality and non-discrimination (estratégia nacional para a Igualdade e a não discriminação (ENIND))[3] aligns with the UN sustainable development goals and involves almost all ministries. ENIND includes three action plans: promoting equality between women and men, tackling discrimination based on sexual orientation and gender identity, and combating violence against women and domestic violence. These plans are monitored regularly and revised every four years.
The action plan on equality between women and men (plano de ação para a igualdade entre mulheres e homens)[4] comprises 7 strategic objectives, including 53 quantitative impact indicators. While this plan is monitored regularly, there is no enforcement and there are no sanctions for non-compliance.
Strategic areas of the action plan on equality between women and men
- Area 1. Ensuring governance that integrates the fight against discrimination on the basis of sex and the promotion of equality between women and men into policies and actions.
- Area 2. Ensuring the conditions for education and training free of gender stereotypes.
- Area 3. Ensuring equality between women and men in research and development and the digital world.
- Area 4. Ensuring the conditions for full and equal participation of women and men in the labour market, in professional activity and in income.
- Area 5. Ensuring a work–life balance in the framework of the revision of ‘Online Programme 3’ and the promotion of equality between women and men.
- Area 6. Combating poverty and social exclusion and promoting access to health.
- Area 7. Ensuring equality between women and men in culture and communication.
The Government of Portugal has a dedicated budget for gender equality and mainstreaming. Since 2017, the state budget has included funds for combating domestic violence. Public bodies must submit gender budgets annually, and, since 2021, gender equality indicators, used to analyse the gender impact of budget policies, have been included in the State Budget Law.[5]
Structures
Governmental gender equality bodies
Portugal is one of the few EU Member States that benefits from the presence of two governmental bodies with a mandate for gender equality.
The first is the CIG, a governmental agency that focuses on gender equality together with other equality-related functions. Its mission is to implement public policy in the field of citizenship, promote and defend gender equality, combat domestic and gender-based violence (including female genital mutilation) and human trafficking, and coordinate the relevant instruments.
Functions of the CIG
- Drafting gender equality policy for the government.
- Drafting anti-discrimination policy for the government (on grounds other than sex or gender).
- Conducting gender-sensitive analysis of policies and legislation.
- Coordinating and/or implementing government decisions on gender equality.
- Coordinating and/or implementing gender mainstreaming processes and methodologies.
- Monitoring progress in achieving gender equality.
The CIG is always consulted by ministries and departments on new and existing policies, laws or programmes that relate to gender equality, violence against women and domestic violence, and issues affecting people identifying as lesbian, gay, bisexual, transgender, intersex or queer. Alongside this, the CIG is involved in all cross-cutting plans and strategies, even when they are coordinated by other governmental departments.
In 2023, the CIG had a budget of EUR 6 908 081, with 64 % of the budget dedicated to project costs relating to gender equality (i.e. non-administrative costs). The CIG has 68 employees, who spend between 75 % and 100 % of their time on gender equality work.
The second governmental body responsible for promoting gender equality in Portugal is the Commission for Equality in Labour and Employment (Comissão para a Igualdade no Trabalho e no Emprego (CITE)).[6] Established in 1979, CITE focuses on promoting equality between women and men in the labour market. Additionally, the commission addresses the protection of parenting and work–life balance priorities. CITE is a collegial and tripartite body composed of representatives of the Ministry for Employment and the Ministry of Labour, Solidarity and Social Security, trade union representatives and one representative of each employer’s association.
Functions of CITE
- Drafting gender equality policy for the government.
- Conducting gender-sensitive analysis of policies and legislation.
- Coordinating and/or implementing government decisions on gender equality.
- Monitoring progress in achieving gender equality.
In 2023, CITE had an annual budget of EUR 1 686 773. As a result of the Institute for Employment and Vocational Training covering the administrative and operational costs of CITE to help it fulfil its mission, CITE is able to allocate 100 % of its budget to project and programme costs related to gender equality.
Under Law No 10/2001, Article 1(1), at the end of each legislative session the government must submit a report to parliament on the advancement of equal opportunities for women and men in work, employment and training.[7] This report is published by CITE.[8] The CIG also submits reports on the monitoring of its action plans to parliament. Moreover, the members of the government responsible for gender equality are called to parliament (including in a separate parliamentary committee) to report on policy developments several times a year.
In Portugal, there is an interdepartmental structure with the mission of coordinating gender mainstreaming activities, with one person nominated a ‘ministerial equality counsellor’ in each ministry. In the current government structure, there are 19 ministries, with a total of 38 effective and deputies. Each counsellor’s duties include ensuring the effective integration of gender considerations into the policies and actions implemented within their ministry and serving as a mediator between the CIG and ministry. Furthermore, in each ministry, a small group of people (up to five) is nominated to join interdepartmental equality teams, whose functions are coordinated by the ministerial equality counsellor.[9] These counsellors have a seat on the monitoring committees for each of the action plans under the ENIND, as well as on the CIG’s consultative body, thus fostering coordination.
Independent gender equality body
CITE is both a governmental body and an independent body working towards gender equality.
Functions of CITE as an independent body
- Preventing discrimination, promoting equality and raising awareness.
- Providing assistance to victims.
- Formally investigating complaints and participating in related litigation.
- Cooperating with EU, international and national bodies.
- Cooperating with civil-society organisations.
- Providing consultation and recommendations.
- Collecting data and carrying out research.
CITE can receive complaints and issue binding and non-binding opinions. Departments and ministries often consult CITE about new or existing policies, laws or programmes, but only those concerning subjects that relate to its mission, namely promoting equality between women and men in work, employment and vocational training. These consultations lead to adjustments in nearly all cases. CITE has a total of 24 employees who spend 75–100 % of their time on gender equality work.
Parliamentary body
Portugal’s Parliamentary Committee on Constitutional Affairs, Rights, Freedoms and Guarantees (Comissão de assuntos constitucionais, direitos, liberdades e garantias), including a subcommittee on equality and non-discrimination, was established in 2015. The subcommittee is mandated by the parliament’s internal rules and regulations and does not have a dedicated budget. Rather, its activities are integrated into the general parliamentary duties of each member. The members of the government responsible for gender equality are called to parliament (including members of this parliamentary committee) to report on policy developments several times a year.
Regional structure
Since 2010, local equality advisers have been working with the mayor of each municipality in Portugal. Appointed by the mayor, these advisers monitor equality strategies, submit proposals, conduct gender impact assessments and ensure cooperation with the CIG on a voluntary basis.
In 2012, cooperation protocols between the CIG and municipalities were introduced to promote gender equality. These ‘new-generation protocols’, signed from 2019 onwards, are aligned with ENIND and have a duration of three years, which may be renewed. Currently, 254 municipalities have a protocol, with 205 having a new-generation protocol.[10] Additionally, municipalities are required to integrate gender considerations into municipal equality plans, mandated by Law No 75/2013.[11] Currently, 108 out of 308 municipalities have adopted such plans.[12]
Consultation with civil society
Portugal has a long history of civil-society involvement in gender equality efforts. ENIND promotes partnerships with academia, the private sector and civil society, recognising their local knowledge and active role in policy formulation and execution. ENIND aims to ‘reinforce the involvement of civil-society organisations, taking account of their special proximity and empirical knowledge of local contexts to which public policies apply and their target groups. They are privileged stakeholders, actively and substantively participating in the (re)formulation and execution of public policies.’ Civil-society organisations were involved in the drafting of ENIND and contributed to the revision of the action plans.[13]
Since the 1970s, the CIG has included an advisory body with interministerial, non-governmental organisation (NGO) and technical/scientific sections within its structure.[14] The NGO section has grown from 12 associations in 1975 to 40 today, contributing to the design and implementation of policy and to the CIG’s annual activities. Moreover, in accordance with Resolution of the Council of Ministers No 61/2018 approving ENIND, NGOs are included on all monitoring committees.[15]
The CIG distributes funds to NGOs and civil-society organisations working in the field of gender equality and other equality- and discrimination-related fields, such as issues affecting people who identify as lesbian, gay, bisexual, transgender, intersex or queer. In 2023, the CIG distributed EUR 199 961 46 to 23 NGOs working in the field of equality between women and men.[16]
Methods and tools
Note: the methods and tools listed in this section were the focus of EIGE’s 2024 assessment. If certain methods and tools are not mentioned in this section, this does not necessarily mean that they are not used by Portugal.
Gender impact assessment
In Portugal, Law No 4/2018 mandates ex ante gender impact assessments when drafting laws, policies, plans and programmes. According to Article 2(1), proposals of legal acts prepared by the central and regional administration, and parliamentary bills and bills submitted by the government to the parliament, are subject to an ex ante gender impact assessment. Parliamentary Regulation No 1/2020 requires a gender impact assessment for each project and bill.[17] Legislative projects sent to the Cabinet of the State Secretary must include a justificatory note including a gender impact assessment. Government bills presented to parliament must also include this assessment.[18] According to Article 2(2) of Law No 4/2018, successive gender impact assessments can take place.[19]
Gender budgeting
There is a legal obligation to undertake gender budgeting in Portugal. The State Budget Law of 2018[20] requires that public services and bodies incorporate gender considerations into their budgets, identifying programmes and measures that have an impact on gender equality. Every year, public bodies must submit a gender budget with their ministerial budgets.
In 2024, efforts were made to gather information on the state budget’s contribution to gender equality, by developing a methodology that identified the relevant measures proposed by various entities for implementation throughout the year. For the 2024 state budget, measures directly and indirectly contributing to gender equality objectives were identified following Circular No 1408 dated 28 July 2023 (issued by the Budget General Directorate). In this initial year, 150 entities participated, indicating a total of 564 measures, with a budget allocation of EUR 426.27 million.
Law No 82/2023 of 29 December 2023, which approved the state budget for 2024, referred to a ‘gender perspective budget’ and ensured that the budget for services and agencies would incorporate gender considerations, identifying the programmes, activities and measures to be submitted for an analysis of their impact on achieving equality between women and men in 2024.[21]
Training and awareness raising
Since 2018, training and awareness-raising programmes have been implemented in all ministries and public bodies that have gender equality councillors and focal points. Each year, a programme is designed with protocols involving the National Institute of Administration, the State Centre for Legal Skills (JurisApp) and ministries’ general secretariats. The CIG also assists in creating inclusive official documents and templates, such as the Inclusive Language Manual developed with the Portuguese Economic and Social Council.[22]
The 2018–2030 action plan on equality between women and men includes training objectives intended to ensure the integration of gender equality into all policies. ENIND sets quantitative targets for awareness measures, although these focus on the number of activities rather than their quality or impact, making it hard to evaluate the effectiveness of gender training and awareness initiatives.
Gender statistics
Statistics Portugal is the main body that collects sex-disaggregated data, although this is not a legal obligation. However, since 2023 all household survey and administrative data must be disaggregated by sex.[23] The State Budget Law and Law No 60/2018 mandate the publication of sex-disaggregated data and gender pay gap statistics, with the latter being published every year.
The action plan for preventing and combating violence against women and domestic violence requires sex-disaggregated data. The government has committed to publishing this data on its website every quarter.[24]
Since 2004, Statistics Portugal’s Gender Database has provided sex-disaggregated data in 10 domains, most of which are updated regularly. The database aims to monitor a set of actions and strategic instruments to help promote a deeper understanding of the situation of women and men in Portugal and serves as a basis for political and economic decision-making, with the help of a set of updated indicators on gender equality.
Every year, the CIG publishes the document Gender Equality in Portugal. This document is produced to fulfil one of the strategic objectives of the Beijing Declaration and Platform for Action of 1995. The CIG has created a new section on its website, ‘Gender equality in numbers’, which includes statistical data and publications on various topics.[25]
Monitoring progress
Portugal’s institutional mechanisms for gender equality and gender mainstreaming stand above the EU average but show a decline since 2021.
Explore Portugal’s scores on the four key indicators on institutional mechanisms for the promotion of gender equality and gender mainstreaming developed to monitor progress on Area H of the Beijing Platform for Action.
Portugal: Institutional mechanisms for gender equality and gender mainstreaming