Portugal ratified the European Social Charter on 30/09/1991and the Revised European Social Charter on 30/05/2002, accepting all of its 98 paragraphs.

It accepted the Additional Protocol providing for a system of collective complaints on 20/03/1998, but has not yet made a declaration enabling national NGOs to submit collective complaints.
 

The Charter in domestic law

Under Article 8§2 of the Constitution: “Rules provided for in international conventions duly ratified or approved, following their official publication, apply in municipal law as long as they remain internationally binding with respect to the Portuguese State.”

Table of accepted and non-accepted provisions by Portugal

Grey = Accepted provisions

1.1 1.2 1.3 1.4 2.1 2.2 2.3 2.4 2.5 2.6 2.7 3.1
3.2 3.3 3.4 4.1 4.2 4.3 4.4 4.5 5 6.1 6.2 6.3
6.4 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 8.1
8.2 8.3 8.4 8.5 9 10.1 10.2 10.3 10.4 10.5 11.1 11.2
11.3 12.1 12.2 12.3 12.4 13.1 13.2 13.3 13.4 14.1 14.2 15.1
15.2 15.3 16 17.1 17.2 18.1 18.2 18.3 18.4 19.1 19.2 19.3
19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 20 21 22
23 24 25 26.1 26.2 27.1 27.2 27.3 28 29 30 31.1
31.2 31.3  

 


Country factsheets

The country factsheets include detailed information on the findings of the European Committee of Social Rights when monitoring the application of the Charter at national level, as well as examples of progress in the implementation of the rights protected by the Charter.

Portugal factsheet


Latest Ad hoc report by Portugal

See previous reports in respect of Portugal


Latest conclusions of the European Committee of Social Rights (ECSR)

See all conclusions in respect of Portugal (HUDOC)


 

Meetings and reports on non-accepted provisions


Collective complaints procedure

Portugal accepted the Additional Protocol providing for a system of collective complaints on 20/03/1998, but has not yet made a declaration enabling national NGOs to submit collective complaints

Latest findings of the European Committee of Social Rights

Findings 2019 of the European Committee of Social Rights on the follow-up to decisions on the merits in collective complaints in respect of Portugal.

Back No. 43/2007, Sindicato dos Magistrados do Ministério Público (SMMP) v. Portugal

The complaint registered on 17 April 2007 relates to Article 12§1, 2, 3 (the right to social security) of the Revised European Social Charter. It is alleged that staff of the Public Prosecutor’s Office in Portugal are excluded from the Social Welfare Service of the Ministry of Justice (Legislative Decree No. 212/2005 of 9 December 2005)

The European Committee of Social Rights declared the complaint admissible on 16 October 2007.

The European Committee of Social Rights concluded that there was no violation of Article 12§3 and transmitted  its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 9 December 2008.

The Committee of Ministers adopted Resolution CM/ResChS(2009)2 on 21 January 2009.
 

 Decision on admissibility of the Complaint 43/2007

 Decision on the merits of the Complaint 43/2007

 Resolution ResChS(2009)2 of the Committee of Ministers on 21 January 2009


Previous national reports by Portugal