Convention on the Rights of the Child


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United Nations

CRC/C/PRT/3-4



Convention on the
Rights of the Child


Distr.: General

12 November 2012
Original: English
Committee on the Rights of the Child

Consideration of the reports submitted by States parties under article 44 of the Convention

Third and fourth periodic reports of States parties due in 2007

Portugal* *

[5 August 2011]

Contents

Paragraphs Page

I. Introduction 1–6 5

II. General measures of implementation (arts. 4, 42 and 44, para. 6) 7–69 6

A. Previous concerns and recommendations of the Committee (as contained in the
concluding observations of the Committee on the Rights of the Child on the second
periodic report of Portugal of 6 November 2001 (CRC/C/15/Add.162)) 7–30 6

B. Substantive information 31–64 12

C. Statistical information 65–69 19

III. Definition of the child 70–72 23

A. Previous concerns and recommendations of the Committee (as contained in the
concluding observations of the Committee on the Rights of the Child
(CRC/C/15/Add.162)) 70 23

B. Substantive information 71 23

C. Statistical information 72 24

IV. General principles (arts. 2, 3, 6 and 12) 73–146 28

A. Previous concerns and recommendations of the Committee (as contained in the
concluding observations of the Committee on the Rights of the Child
(CRC/C/15/Add.162)) 73–97 28

B. Substantive information 98–130 32

C. Statistical information 131–146 37

V. Civil rights and freedoms (arts. 7, 8, 13–17 and 37 (a)) 147–225 39

A. Previous concerns and recommendations of the Committee (as contained in the
concluding observations of the Committee on the Rights of the Child
(CRC/C/15/Add.162)) 147–194 39

B. Substantive information 195–215 45

C. Statistical information 216–225 48

VI. Family environment and alternative care (arts. 5, 9–11, 18, paras. 1 and 2;
19–21; 25, 27, para. 4, and 39) 226–319 50

A. Previous concerns and recommendations of the Committee (as contained in the
concluding observations of the Committee on the Rights of the Child
(CRC/C/15/Add.162)) 226–245 50

B. Substantive information 246–305 53

C. Statistical information 306–319 60

VII. Basic health and welfare (arts. 6, 18, para.3, 23, 24, 26, and 27, paras. 1-3) 320–451 65

A. Previous concerns and recommendations of the Committee (as contained in the
concluding observations of the Committee on the Rights of the Child
(CRC/C/15/Add.162)) 320–365 65

B. Substantive information 366–404 70

C. Statistical information 405–451 78

VIII. Education, leisure and cultural activities (arts. 28, 29 and 31) 452–527 82

A. Previous concerns and recommendations of the Committee (as contained in the
concluding observations of the Committee on the Rights of the Child
(CRC/C/15/Add.162)) 452–480 82

B. Substantive information 481–525 88

C. Statistical information 526–527 96

IX. Special protection measures (arts. 22, 30, 32-36, 37 (b)–(d), 38, 39 and 40) 528–631 97

A. Previous concerns and recommendations of the Committee (as contained in the
concluding observations of the Committee on the Rights of the Child
(CRC/C/15/Add.162)) 528–557 97

B. Substantive information 558–625 101

C. Statistical information 626–631 110

X. Optional Protocols 632–633 111

XI. Dissemination of documents 634 111

Tables

Table 1 Institute for Social Security’s Budget for child rights 8

Table 2 PARES – the Programme for the Extension of the Social Facilities Network 11

Table 3 Judicial courts according to categories and court personnel at 31 December 19

Table 4 Judiciary police staff 20

Table 5 Judiciary police staff according to professional categories at 31st December 2010 21

Table 6 Teaching staff 21

Table 7 Physicians and nurses in Portugal 22

Table 8 Resident population estimates, by gender and by age, 31 December 2002 – Portugal 24

Table 9 Resident population estimates, by gender and by age, 31 December 2003 - Portugal 24

Table 10 Resident population estimates, by gender and by age, 31 December 2004 - Portugal 25

Table 11 Resident population estimates, by gender and by age, 31 December 2005 - Portugal 26

Table 12 Resident population estimates, by gender and by age, 31 December 2006 - Portugal 26

Table 13 Resident population estimates, by gender and by age, 31 December 2007 - Portugal 27

Table 14 Resident population estimates, by gender and by age, 31 December 2008 - Portugal 27

Table 15 Children in alternative care (2006) 42

Table 16 Number of births registered 48

Table 17 Number of libraries according to geographical location 49

Table 18 Number of families covered by SII and those with insertion agreements 50

Table 19 Number of LIJ with Protocol and number of professionals employed a year within the DOM Plan 53

Table 20 Number of crèches and child minders and “Creche familiar” 61

Table 21 Dangerous situations and family problems leading to placement of children in foster care 61

Table 22 District distribution of temporary shelter, homes for children and youth and
foster families (number of care facilities and of beds) 62

Table 23 Number of children placed in different care facilities 62

Table 24 Number of children available for adoption and number of adoptions declared 63

Table 25 Age and gender of the children available for adoption 64

Table 26 Number of intercountry adoptions: Portugal country of origin/Portugal country of
destination (2002–2007) 64

Table 27 Number of warning signs and number of PPP followed by EMAT, 2005 - 2007 65

Table 28 Promotion and Protection measures followed by EMAT, 2005 – 2007 (%) 65

Table 29 Children and Young People – Family Allowance, per disability and dependency 75

Table 30 Distribution of family allowances (in force since 2007 and 2008) 75

Table 31 Capacity for Social Solutions – 2007 76

Table 32 Number of Social Solutions – 2007 77

Table 33 Expenditure of the Ministry of Education - Evolution 83

Table 34 New entrants, 1st year 1st time, in Higher Education (%), with 18 years old, by gender 85

Table 35 Number of young people 87

Table 36 IEFP network of Vocational Training Centres of Direct Management 89

Table 37 IEFP network of Vocational Training centres of Direct Management 89

Table 38 Peer Mentor Project 91

Table 39 PASITform 91

Table 40 Number of young people covered by information intervention and guidance
until 18 years of age, according to gender and including the period between
1 January 2002 and 30 September 2008 95

Table 41 Number of unemployed within the Socio-Professional Integration Programme for
Young People 15-22 years 95

Table 42 Areas 96

Table 43 Number of projects 96

Table 44 Real scolarisation rates 96

Table 45 2006 to 31 July 2009: Cases of sale of alcohol to under 16 year old children in
public places 99

I. Introduction

1. In preparing and structuring the report it has been sought as far as possible to follow the general guidelines set by the United Nations for the form and contents of periodic reports submitted by the states parties according to article 44, paragraph 1 (b), of the Convention (doc. CRC/C/58). However, and since Portugal has already finalised its Expanded Core Document, it was decided to draft a report that does not overlap with the information already contained in the said Expanded Core Document. Under each chapter, the report first tries to respond and give information concerning the recommendations formulated by the CRC after the examination of Portugal’s 2nd Report – this corresponds generally to section A under each chapter (pursuant to CRC/C/15/Add.162, of 6 November 2001). Section B refers to substantive information regarding other measures that have been adopted with the aim of furthering the Convention’s implementation in Portugal (as per the general guidelines regarding the form and content of periodic reports to be submitted by state parties, CRC/C/58/Rev.1, of 29 November 2005). Finally, chapter III contains statistical data (as requested in the annex to CRC/C/58/ Rev.1).

2. In conformity with the guidelines, reference is made as far as possible to information already submitted in Portugal’s two previous periodic reports in those cases where no changes have taken place in the reporting period.

3. The object of the report is thus primarily to present an overview of the concrete measures adopted to follow-up on the Committee’s Concluding Observations from 2001 and other measures taken in the reporting period to improve the overall children’s living conditions in Portugal. In addition, the report includes relevant statistical material and other factual information important to the practical implementation of the Convention in Portugal.

4. Basically, the report covers the period 2001-2008. Where possible, the report also includes information about legislation adopted later as well as future measures whose final outcome may depend on the passing of a bill or the completion of an examination, but which are nevertheless estimated to illustrate current political trends in a given area.

5. The preparation of the report was coordinated by the Ministry for Foreign Affairs, which delegated its actual drafting on the basis of contributions by several public entities on the Prosecutor General’s Office of Documentation and Comparative Law. The Ministry for Foreign Affairs organised several meetings in 2008 and 2009, with all entities involved in this process, with the aim of coordinating the different contributions and avoiding possible overlaps and/or gaps. The entities that contributed to the elaboration of the present report were the following:

    • Ministry of Foreign Affairs (MNE)

    • Ministry of Finance (MF)

    • Commission for Citizenship and Gender Equality (CIG - PCM)

    • High Commissioner for Immigration and Intercultural Dialogue (ACIDI - PCM)

    • Ministry of Defence (MD)

    • Ministry of Internal Affairs (MAI)

    • Ministry of Justice (MJ)

    • Ministry of Economy and Innovation (MEI)

    • Ministry of Agriculture, Rural Development and Fisheries (MADRP)

    • Ministry of Public Works, Transportation and Communication (MOPTC)

    • Ministry of Environment (MAOT)

    • Ministry of Labour and Social Solidarity (MTSS)

    • Ministry of Health (MS)

    • Ministry of Education (ME)

    • Ministry of Science and University Education (MCTE)

    • Ministry of Culture (MC)

    • Provedor de Justiça (Ombudsman) (PdJ)

    • Prosecutor-General’s Office (PGR)

    • Office for Documentation and Comparative Law (GDDC)

    • National Institute of Statistics (INE)

    • National Association of Municipalities

    • Regional Governments of the Azores and Madeira

6. The final revision and discussion of the report took place in July 2011 under the framework of the recently established National Commission for Human Rights and was preceded by a meeting of a Working Group of this Commission with the participation of civil society. This meeting with the representatives of NGOs working in the field of the rights of the child aimed at the discussion of this report took place on the 22nd June 2011.

II. General measures of implementation (arts. 4, 42 and 44, para. 6)

A. Previous concerns and recommendations of the Committee (as contained in the concluding observations of the Committee on the Rights of the Child on the second periodic report of Portugal of 6 November 2001 (CRC/C/15/Add.162))

1. Development of a comprehensive national strategy on the implementation of the Convention (paras. 6, 7, 8 and 9 of CRC/C/15/Add.162, of 6 November 2001)

7. Several efforts have been developed in these last years to define a national strategy so as to implement the Convention on the Rights of the Child (CRC). We will here mention specifically two programmes: the Initiative for Childhood and Adolescence and the National Action Plan for Inclusion.

8. As, inter alia, a specific response to the CRC’s recommendation to develop a comprehensive child rights strategy to implement the Convention, in 2007, the Portuguese Government initiated a process of developing the Initiative for Childhood and Adolescence (INIA), a strategic approach with a more specialised national scope to implement the CRC.

9. The INIA 2008 – 2010 delineates a Plan of Action aimed at ensuring respect for all rights of the child. This Plan of Action will define a global planning scheme by developing common guidelines for intervention of all agents and entities converging towards the development and socialization process of the child, from birth until adulthood.

10. The conception and implementation of INIA is based on a participatory method involving all areas and public sectors, civil society, citizens in general, children, adolescents, parents and other caregivers. The planning and coordination of the concept are under the responsibility of the Deputy Secretary of State of Social Affairs, supported by an Inter-Departmental Team for Technical Support.

11. Based on the Convention of the Rights of the Child and its respective guiding principles, 16 Strategic Objectives were defined:

(a) Promote positive parenting and equity in parental responsibilities;

(b) Ensure an alternative family environment to all children deprived of parental care and favour their deinstitutionalisation;

(c) Support young people in their transition to an autonomous life;

(d) Reinforce the economic means and integration in the labour market of families with children;

(e) Increase and qualify the provision of social services of interest for children;

(f) Promote healthy lifestyles for children and the follow-up of maternal - child health care;

(g) Promote the access to dignified housing to families with children;

(h) Ensure the effective participation of all children in matters involving them;

(i) Promote information and training on the development and rights of the child;

(j) Guarantee children’s access to quality education;

(k) Guarantee children’s access to diversified and quality cultural activities and free time;

(l) Develop articulated information systems on the child’s situation;

(m) Take action on all forms of violence against children;

(n) Prevent and take action against all forms of juvenile delinquency;

(o) Reinforce and increase solutions for children with disabilities and incapacity and their families;

(p) Support the integration of immigrant children or ethnic minorities.

12. Moreover, and even before INIA was put in place, the National Action Plan for Inclusion (NAPI), has since 2001 contributed concurrently to the definition of the European strategy for inclusion. In this context, Portugal has prepared several biannual National Plans for Inclusion.

13. One of its main objectives is to “eliminate situations of social exclusion which affect children and to give children every opportunity for social integration”: therefore, the priorities defined in this Plan, aim namely at:

(a) Promoting the rights of the child and prevent, or put an end to situations of risk, poverty or social exclusion;

(b) Promoting incentives to maintain the child in a natural environment with his/her family by ensuring adequate parenting responsibilities;

(c) Favouring deinstitutionalisation and making adoption more flexible;

(d) Fighting the trend of young people entering the labour market at an early age.

14. Assessing the strategy to combat child poverty is an integral part of the NAPI monitoring process. Such assessment is conducted in conjunction with the NAPI Coordinator, and supported by various groups: the Working Group of the Ministry of Labour and Social Solidarity - MTSS (with representatives from different departments); the Inter-ministerial Committee for Follow-up (with representatives of several Ministries and of the Regional Governments of Madeira and Azores); the NGO forum for Social inclusion (composed of many NGOs and representatives of the sectors mentioned in the NAPI); and the Technical Support Team (concentrated in the Social Security Institute – ISS,I.P).

2. Information indicating that priority is given to the implementation of children's social rights in the budgets of the State party at national, regional and local levels (para. 10 of CRC/C/15/Add.162, of 6 November 2001)

15. The State budget does not disaggregate information indicating the amount of resources allocated to the implementation of the rights of the child at the national, regional and local levels. However, for certain areas of activity, it is possible to identify this amount.

16. For example, the protection of children and young people namely of those affected by some form of social vulnerability constitutes one of the priority areas of intervention of Social Security and so it has been included since 2002 in the Institute for Social Security’s budget.
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