The Commission for Equality and Against Racial Discrimination (CICDR) works with the High Commissioner for Migration, P.I. and its mission is to prevent, prohibit and sanction discriminatory practices based on racial and ethnic origin, colour, nationality, ancestry and territory of origin, under the terms established in Law No. 93/2017, of 23 August.
This Law is applicable to all natural and legal persons, public and private, with regard to access to goods and services and their provision, housing, social protection and security, social benefits, health, education and culture.
Anyone who has been discriminated against or who is aware of a situation of discrimination can file a complaint with the CICDR through an electronic form at www.cicdr.pt/queixa; through e-mail, to firstname.lastname@example.org; in person, at CICDR, or by postal mail to Rua Álvaro Coutinho, 14, 1150-025 Lisbon.
Text written by the High Commissioner for Migration and President of the Commission for Equality and Against Racial Discrimination (CICDR), Dr. Sónia Pereira.
For more information go to: www.cicdr.pt.
What are the sanctions for racial discrimination practices that constitute an offence?
According to Law No. 134/99, of 28 August, and Law No. 18/2004, of 11 May, discriminatory practices considered to be offences are punishable by a fine (pecuniary penalty) and, eventually, accessory sanctions.
The fine will be graded between one and five times the highest value of the national minimum monthly wage, when the offender is a natural person. In the case of a legal person, the fine will be graded between two and ten times the highest value of the national minimum monthly wage. The following additional sanctions may also be applied:
i) Publicity of the decision;
ii) Public warning or censorship of the authors of the discriminatory practice;
iii) Loss of objects belonging to the agent;
iv) Prohibition from carrying out activities that depend on public title or authorization or approval by public authority;
v) Deprivation of the right to a subsidy or benefit granted by public entities or services;
vi) Deprivation of the right to participate in fairs or markets;
vii) Deprivation of the right to participate in public tenders or tenders whose object is the public works contract or concession, the supply of public goods and services and the granting of licenses or permits;
viii) Closure of an establishment whose operation is subject to authorization or license from an administrative authority;
ix) Suspension of authorizations, licenses and permits
In both cases, the following must also be taken into account:
• In case of recurrence, the minimum and maximum limits are doubled;
• Attempt and negligence are punishable;
• Whenever the offence results from the omission of a duty, the application of the sanction and the payment of the fine do not exempt the infringer from compliance, if this is still possible.
If the case occurs in the context of work, who should I turn to?
As determined by the current Labour Code, in terms of employment or access to employment, the competent entity to take care of the administrative procedure, as well as to make the final decision, is the Working Conditions Authority (ACT).
Where to report it
COMMISSION FOR EQUALITY AND AGAINST RACIAL DISCRIMINATION (CICDR)
Contact: 218 106 100
Online complaint: www.cicdr.pt/queixa
* Material originally published by the Commission for Equality and Against Racial Discrimination (CICDR).
If you are aware of or are the victim of discrimination based on skin colour, nationality or ethnic origin, report it to the authorities and seek support. It is important to provide a detailed description of the facts, such as date, place and identification of the author(s), in addition to indicating the contact of witnesses. It is also recommended that, in situations that occur in public establishments or institutions, it is registered in the Complaints Book. Report it!