Legislative and policy framework

Portugal’s 1976 Constitution enshrines the principle of equality in Articles 9 (Fundamental task of the state) and 13 (Principle of equality). It has a highly developed policy and legal framework to implement gender mainstreaming through the Commission for Citizenship and Gender Equality (CIG), an inter-ministerial structure of Counsellors for Equality and municipal structure of local equality advisors/counsellors, and obligations on gender budgeting and impact assessments.

A gender mainstreaming perspective was first included in Portugal’s legal framework under the legal document that institutionalised the Commission on the Status of Women in 1977. This women’s rights structure created a consultative council, composed of a non-governmental (NGO) section and an inter-ministerial section that would allow for the integration of gender equality in all policy areas (Decree-Law No. 485/77).  Twenty years later, in 1997, the Global Plan for Equal Opportunities (Resolution of Council of Ministers 49/97) gave greater prominence to the integration of a gender perspective at all policy levels. The primary objective of the Global Plan was to integrate the principle of equal opportunities for women and men into all economic, social, and cultural policies.

There are also legal obligations in Portugal specifically related to gender mainstreaming.

  • Resolution of the Council of Ministers No. 161/2008 [1] established measures to promote gender mainstreaming in the central public administration and further approved the statute of the ministerial equality counsellors and members of the equality interdepartmental teams.
  • Resolution of the Council of Ministers No. 39/2010[2] approved the reference framework of the Statute of Counsellors and Local Counsellors.

Portugal does not have an overarching law exclusively focused on gender equality, but in addition to being clearly established in the Portuguese Constitution, the principle of gender equality was extended to the entire Portuguese legal system, which guarantees protection in cases of discrimination and determining the promotion of equality between women and men. Although Portugal does not have an overarching law exclusively focused on gender equality, it has a range of laws that cover different 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:[3]

Portugal has a long history of implementing action plans and strategies on the topic of gender equality. Starting in 1997, the Global Plan for Equal Opportunities (Resolution of Council of Ministers 49/97) gave greater prominence to the integration of a gender perspective at all policy levels. The current National Strategy on Equality and Non-discrimination (the Estratégia Nacional para a Igualdade e a Não Discriminação 2018-2030 «Portugal + Igual»; the ENIND)[4] was implemented in 2018 and will remain in force until 2030. The Strategy is now closely aligned to the UN Sustainable Development Goals (SDGs), has a longer-term perspective and aims to involve almost all ministries.

The Strategy adopts a twofold and complementary approach to gender mainstreaming:

  1. mainstreaming gender equality whereby all public policies must systematically consider, from planning to defining, executing, monitoring, and evaluating the specificities of the conditions, situations and needs of women and men, and underlying gender relations; and
  2. the definition and execution of specific temporary actions, that correct structural gender gaps.

The first four years of the Strategy saw the implementation of three action plans in key areas for the period 2018-2030; an action plan on equality between women and men; an action plan on discrimination on the grounds of sexual orientation, gender identity and sexual characteristics; and an action plan on combatting violence against women and domestic violence. The action plan on equality between women and men (Plano de Ação para a Igualdade entre Mulheres e Homens)[5] was costed for the period covered and had seven strategic objectives, which included 53 quantitative impact indicators. This plan was regularly monitored.

In 2018, the Resolution of the Council of Ministers No. 61/2018, of 21 May, adopted the Strategy and its three action plans, thereby establishing a legal obligation regarding the implementation of gender mainstreaming. However, this resolution does not provide for enforcement or sanctions.

The Government of Portugal has a specific budget for gender equality and gender mainstreaming. Since 2017, the state budget has included a budget heading for policies to prevent and combat domestic violence. Amounts included under this heading are allocated to activities and projects of various governmental areas, including the presidency of the Council of Ministers and in the areas of home affairs and justice. In addition, although not included in this heading, the Ministry of Labour, Solidarity and Social Security also has a specific budget for this area,[6] which will continue to be the case up to 2024.[7]

Structures

Governmental equality bodies

There are two governmental bodies responsible for the promotion of gender equality in Portugal. The first is the Commission for Citizenship and Gender Equality (CIG, Comissão para a Cidadania e a Igualdade de Género) which focuses on gender equality combined 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 FGM), and human trafficking, and coordinate the relevant instruments. The Commission is headed by the Secretary of State for Citizenship and Equality, who is delegated responsibility for gender equality from the Minister of State for the Presidency.[8]

The CIG was established in 1977,[9]  originally set up by a small group of women and then called the Commission of the Feminine Condition, it played a decisive role in the political decision-making process during those first years of democracy.[10]

The Commission for Citizenship and Gender Equality Functions

  • 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

Whenever policies, laws or programmes are related to gender equality between women and men, violence against women and domestic violence and LGBTI issues, CIG is always consulted, which leads to relevant adjustments in all or nearly all cases. Moreover, all transversal plans and strategies, even if coordinated by other governmental departments, also involve CIG. CIG has 68 employees, and approximately 75-100 % of the personnel’s time is spent on projects focused on gender equality

The second governmental body responsible for the promotion of gender equality in Portugal is the Commission for Equality in Labour and Employment (CITE; Comissão para a Igualdade no Trabalho e no Emprego).[11] It was created in 1979, specifically to promote equality between women and men in the labour market. It is subject to Law Decree 76/2012. Moreover, the Commission also deals with the protection of parenting and work-life balance policies. It is a collegial and tripartite composed of representatives of the Ministries for Employment, Equality, Public Administration, Solidarity and Social Security, as well as trade union representatives and one representative from each of the employers’ associations.

The Commission for Equality in Labour and Employment Functions

  • 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

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 concerning subjects that relate to its mission, namely promoting equality between women and men in work, employment, and vocational training. These consultations lead to relevant adjustments in all or nearly all cases. CITE has 18 employees, and approximately three-quarters of the personnel’s time is spent on projects focused on gender equality.

Under Law 10/2001, Article 1(1), the government must submit to parliament, at the end of each legislative session, a report on the advancement of equal opportunities for women and men in work, employment, and training.[12] This report is published by CITE.[13] The CIG also sends monitoring reports on 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 inter-departmental structure whose mission is to coordinate gender mainstreaming activities: in each ministry, one person is officially nominated as ‘ministerial equality counsellor.’ In the current government structure, there are 19 ministries which amount to 38 effective and alternate counsellors. Among other things, each counsellor’s duties include ensuring the effective integration of the gender perspective in the policies and actions implemented within her/his ministry and to serve as a mediator between CIG and her/his ministry. Furthermore, in each ministry, a small group of people (up to five) are nominated members of equality interdepartmental teams, whose functions are coordinated by the ministerial equality counsellor.[14] In addition, these counsellors have a seat on the monitoring committees of each of the action plans under the ENIND, as well as on the CIG's Consultative Body, thus fostering coordination.

Independent equality body

As mentioned above, CITE is a tripartite body composed of several members of ministries, members of trade unions and employers' associations.[15] It is both a governmental and an independent body. See above for further information about the work of CITE.

Parliamentary body

Portugal has had a Parliamentary Committee on Constitutional Affairs, Rights, Freedoms and Guarantees (Comissão de assuntos constitucionais, direitos, liberdades e garantias), including a Subcommittee for Equality and Non-Discrimination, since 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, Portugal has had local advisors for equality in place, who work with the mayor of each municipality. Their statute was introduced through Resolution No. 39/2010 of the Council of Ministers. Appointed by the mayor, advisors’ gender equality tasks are performed in addition to their main tasks and their work for this specific task is not remunerated. Their main responsibilities include monitoring local equality strategies and policy measures, submitting proposals, conducting gender impact assessments (on request), and ensuring that the municipality cooperates with CIG. There are 222 councillors and local councillors for equality, out of a total of 308.[16]

In 2012, to promote gender equality at the local level and the involvement of municipalities, a specific measure was adopted, introducing cooperation protocols between CIG and the municipalities. Protocols have been established with the autonomous region of the Azores and with 174 municipalities. The New Generation Protocols, signed from 2019 onwards, are in line with ENIND and have a duration of three years, and may be renewed for three-year periods. Currently, 254 municipalities have a protocol, and 205 have a new generation protocol, out of a total of 308.[17]

There are also Municipal Equality Plans, in line with Law No. 75/2013, [18] which establish the Legal Regime for Local Authorities, following the provisions of Article 33, No. 1, paragraph q, which states that the City Council is responsible for ‘ensuring the integration of the gender perspective in all areas of action of the municipality, namely, through the adoption of Municipal Plans for Equality.’ Currently, 108 municipalities, out of 308, have adopted such a plan.[19]

Consultation with civil society

There is a long history of civil society involvement in governmental work on gender equality in Portugal.

ENIND expressly promotes partnership as a transversal principal, recognising the role and contribution of academia, the private sector and civil society actors. As such, 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.[20]

Since the 1970s, CIG’s structure has included an advisory body with three sections: an inter-ministerial section, an NGO section, and a technical-scientific section.[21] The number of participating associations in the NGO section has increased significantly from 12 associations in 1975 to 40 representatives currently. The NGO section has several competences, according to CIG’s organic law,[22] notably to contribute to the definition of the policy on education for citizenship and the promotion of gender equality; to collaborate with the implementation of the defined policy; and to give its opinion on the annual programme of activities of  CIG, as well as on the projects that are submitted to it. Through CIG, three calls are regularly opened for funding specifically for NGOs, namely for women’s rights NGOs, and NGOs working in the areas of either LGBTI or female genital mutilation.

Moreover, according to Resolution of the Council of Ministers 61/2018 approving ENIND, NGOs are included in all monitoring committees, namely ENIND’s Monitoring Committee and the Technical Monitoring Committee of each of ENIND’s three action plans.[23]

Methods and tools

Note: the methods and tools listed under this section were the focus of EIGE's 2021 assessment. If certain methods and tools are not mentioned in this section, this does not necessarily mean that they are not used at all by Portugal.

Gender impact assessment

In Portugal, there is a legal obligation to undertake an ex-ante gender impact assessment when drafting laws and/or policies, plans, and programmes. Law 4/2018 of February 9 establishes the legal regime for gender impact assessments of normative acts. According to article 2(1), proposals of legal acts prepared by the central and regional administration, as well as parliament bills and bills submitted by the government to the parliament, are subject to an ex-ante gender impact assessment. According to Parliament Regulation 1/2020, parliament services must prepare a technical note for each of the projects and bills that should contain, whenever possible, a gender impact assessment report under rules established in Law 4/2018.[24] According to article 57(1)(i)(ii) of Decree Law 169-B/2019, legislative projects sent to the Cabinet of the State Secretary of the Presidency of the Council of Ministers must present a justification note that contains a gender impact assessment. Further, according to article 57(4) of Law 4/2018, all government bills presented to the parliament must include an ex-ante gender impact assessment note.[25] Regarding ex-post assessment, according to article 2(2) of Law 4/2018, successive gender impact assessments can take place.[26]

Gender budgeting

There is a legal obligation to undertake gender budgeting. Since 2018, the Portuguese State Budget Law[27] has established that the budget of public services and bodies must incorporate a gender perspective and identify the programmes, activities or measures to be analysed regarding their impact on achieving equality between women and men. [28] Every year, public bodies must submit a gender budget with their ministerial budgets to the Budget General Directorate An impact indicator of the action plan on equality between women and men monitors the number of government budgets applying gender budgeting and has shown that an increasing number of public bodies using gender budgeting, from 165 entities in 2020 to 217 in 2021.

There is also a legal obligation that the budget of services and bodies incorporate a gender perspective by identifying the programmes, activities, or measures to be submitted for analysis of their impact on the achievement of equality between women and men, under Article 16 of Law No. 75-B/2020 of December 31, which approved the State Budget for 2021.[29]

Implementation of gender budgeting has been gradual in public bodies and is increasing as the government reinforces this process. Under the EEA Grants ‘Work-Life balance’ programme, operated by CIG, the Secretary of State for Citizenship and Equality designed a specific gender budgeting project, which will take place in mid-2022. The project will work with sectors to support and consolidate the implementation of the gender budgeting process throughout the budget’s life cycle.[30]

Training and awareness-raising

Each year, a training and awareness-raising programme is designed and there are protocols in place with the National Institute of Administration (INA), the State Centre for Legal Skills (Jurisapp) and the Ministries' General Secretariats. For example, INA offered a training course on gender-sensitive budgeting for a wide audience.[31] Training is legally regulated in Portugal through Law No. 86-A/2016. Although this regulation does not specify training on gender equality, but the action plan on equality between women and men 2018-2030 includes a specific objective on training as part of the strategic objective to integrate gender equality concerns into all policies and other actions.

ENIND also includes objectives, measures, indicators and targets for information and awareness-raising measures in the three national action plans. These indicators and targets are quantitative, however, with only the number of activities included in the assessment, rather than their quality or impact. This makes it more difficult to monitor and evaluate the concrete effects of gender training and awareness-raising measures.

In addition to more formal training, there have also been several key initiatives designed to raise awareness of the importance of gender-sensitive language in the government. Law No. 4/2018 of 9 February, Article 4 (which is dedicated to non-discriminatory language), states that gender impact assessments should also look at the use of non-discriminatory language in drafting standards by neutralising or minimising gender specification and using inclusive or neutral language. Furthermore, CIG has publications and instructions on its website that enable ministries to comply with this. CIG also integrates the use of non-discriminatory language in the training sessions that it offers[32] and, if requested, can offer a specific module dedicated to the topic. This kind of training is provided to groups including municipalities, teachers, police/security bodies, the National Institute for Rehabilitation, general secretariats of Ministries, and defence bodies. CIG also contributes to the inclusive writing of official documents and templates, at the request of ministries and agencies. For example, CIG collaborated with the Portuguese Economic and Social Council (CES) to develop an Inclusive Language Manual.[33]

Gender Statistics

Increasingly, several national strategies and plans have established the need to take a gender perspective to data collection and disaggregate data by sex, including the revised National Digital Competences Initiative 2030, Portugal INCoDe.203 (Resolution 59/2021) and the National Plan against Racism and Discrimination (Resolution 101/2021). Further, the National Strategy for the Inclusion of Persons with Disabilities 2021-2025 (Resolution 119/2021) fosters the development of human rights indicators and promotes the collection of data disaggregated by age, sex, and incapacity. The Plan 21|23 School+: Integrated Plan for the Recovery of Learning (Resolution 90/2021) establishes that the evaluation of the plan involves the definition of recovery indicators, including when applicable data should be disaggregated by sex (3.1.1.).

Statistics Portugal (the National Statistics Institution) is the main institution responsible for collecting gender-disaggregated data. There is no legal obligation for the National Statistics Institution to collect data disaggregated by sex. However, all household surveys carried out by Statistics Portugal collect data disaggregated by sex. There is also a governmental target to have all administrative data produced by central administration disaggregated by sex by 2023 under Resolution of the Council of Ministers 55/2020: Strategy for Innovation and Modernisation of the State and Public Administration 2020-2023, Measure 7.4.[34] Moreover, Article 16(2) of the 2021 State Budget Law establishes that ‘in the scope of the respective programmes, activities or measures developed in 2021, the services and bodies should promote the publication of administrative data disaggregated by sex.’ Further, according to Law 60/2018 (21 August), statistical data on the gender pay gap must be published every year.

Since 2004, Statistics Portugal’s website provides a Gender Database (GDB) – with sex-disaggregated data in ten statistical domains, most of which are updated regularly. This database was developed in collaboration with the Commission for Citizenship and Gender Equality and the Commission for Equality in Work and Employment. GDB aims to monitor a set of actions and strategic instruments to help promote a deeper understanding of the situation for 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.

Statistics Portugal also follows the implementation of Agenda 2030, namely regarding the monitoring of the respective indicators in which Sustainable Development Goal 5 (which concerns gender equality) is included.[35]

Gender statistics data is often published. The National Statistics Institution’s website[36] has a section on gender statistics as well as the gender equality governmental body’s website. To have a more comprehensive picture of women’s and men’s economic, political, and social situation in Portugal, particularly in relation to public policy implementation, there is need to assess the gaps in the GDB. Therefore, a specific project was launched, under EEAGrants 2014-2021, promoted by Statistics Portugal (PDP3 - National Statistics System on Gender Equality), to review this Gender Database. The aim was to review, update and enhance the content and coverage of the GDB, so that a more comprehensive system of gender statistics and information on various dimensions of (in)equality between women and men can be made available for policy users and for society in general.[37]. The Ministry of Labour also publishes annual statistical data on the gender pay gap, under Law 60/2018 (21 August).[38]

Every year, CIG publishes the document “Gender equality in Portugal”. This document is produced to fulfil one of the strategic objectives of the Beijing Platform for Action of 1995. CIG has created a new section on its website called ‘Gender Equality in numbers’, which includes statistical data and thematic publications.[39]

Monitoring progress

Indicators for monitoring progress on institutional mechanisms for the promotion of gender equality and gender mainstreaming in the EU, under Area H of the Beijing Platform for Action

This section analyses the scores achieved by Portugal for data collection in 2021 for the four officially agreed-on indicators on institutional mechanisms for the promotion of gender equality and gender mainstreaming, and to monitor progress on Area H of the Beijing Platform for Action. It also analyses scores under an expanded measurement framework which includes the role of independent gender equality bodies and assesses the effectiveness of efforts to disseminate statistics disaggregated by sex. Institutional mechanisms refer to national machineries that implement, monitor, evaluate, and mobilise support for policies that promote gender equality and gender mainstreaming. All indicators and sub-indicators are available on the Gender Statistics Database here, including metadata about how the scores are calculated.

For Indicator H1 on the status of commitment to the promotion of gender equality and considering only the governmental commitment in line with the officially adopted indicator, Portugal scored 9.5 points out of a possible 12, above the EU average of 7.2. It scored the highest across the Member States on sub-indicator H1e on accountability of the governmental gender equality body, with a score of 4.5 out of a maximum possible score of 5 because its national action plan is costed and has targets that are regularly monitored.

Under an expanded measurement framework which includes sub-indicator H1f on the mandate and functions of the independent gender equality body, Portugal scored the maximum number of 3 points because it has an independent gender equality body which focuses exclusively on gender equality and carries out all relevant functions. The overall score for the expanded H1 indicator was 12.5 out of a possible 15, above the EU average of 9.1.

Indicator H2 analyses the personnel resources of the national gender equality bodies. For sub-indicator H2a, regarding the governmental body, Portugal scored 1.5 points out of a possible 2 which was above the EU average of 1.0, because there were 25-100 or more employees working on gender equality in the governmental body. For sub-indicator H2b, regarding the independent body, Portugal’s score was 1.0, while the EU average was slightly lower at 0.8 because there were 10-25 employees in the independent body working on gender equality. For both sub-indicators, the maximum 2 points was awarded where the number of employees was over 100 as an indication of the body being sufficiently resourced.

Indicator H3 relates to gender mainstreaming. Here, Portugal scored 8.5 out of a possible 12, which was above the EU average of 5.1. Portugal scored 3.0 out of the maximum possible score of 4 on sub-indicator H3b on governmental gender mainstreaming structures and consultation processes, because there is a structure in place to coordinate gender mainstreaming across governments that includes all ministries. However, it lost 1.0 points because the governmental body is only consulted in some cases about the gender impact of new policies, laws, or programmes.

Under an expanded measurement framework which includes sub-indicator H3d on consultation of the independent equality body, Portugal scored 9.5 points out of a possible 14, which was also higher than the EU average which increased to 5.4. Under this sub-indicator, Portugal lost 1 point because the independent gender equality body is only consulted by departments or ministries on the gender impact of new or existing policies in only some cases.

For Indicator H4 on the production and dissemination of statistics disaggregated by sex, Portugal scored 5.5 points out of a possible 6, above the EU average of 3.4. It lost 0.5 points on sub-indicator H4a on government commitment to the production of statistics disaggregated by sex, because there was a legal obligation for other public institutions to collect data disaggregated by sex, rather than the national statistical office.

References