Racial discrimination is any behaviour that, directly or indirectly, harms a person because of skin colour, nationality, race or ethnic origin.

According to the Law against racial discrimination (redirecionar para o site official) Law No. 93/2017, of 23 August, the following can be considered discriminatory practices:

– Refusal to supply or prevent the enjoyment of goods or services;

– The impediment or limitation to the access and normal exercise of an economic activity;

– Refusal or conditioning of sale, lease or sublease of properties;

– Refusing access to public places or places open to be public;

– The refusal or limitation of access to health care provided in public or private health facilities;

– Refusal or limitation of access to public or private education or teaching establishments;

– The constitution of classes or the adoption of other measures of internal organization in educational or teaching establishments, public or private, according to criteria of racial discrimination, unless such criteria are justified by the objectives referred to in paragraph 2 of article 3 of Law 134/99, of 28 August;

– The adoption of a practice or measure by any body, official or agent of the direct or indirect administration of the State, the Autonomous Regions or the local authorities, which conditions or limits the exercise of any right;

– The adoption of an act in which, publicly or with the intention of wide dissemination, a natural or legal person issues a statement or transmits information by virtue of which a group of people is threatened, insulted or demeaned on the grounds of racial discrimination.

 

Is racial discrimination considered a crime in Portugal?

Yes, if it meets the requirements provided for in Article 240º of the Penal Code, which typifies and punishes the crime of racial, religious or sexual discrimination.

The remaining cases, which do not meet the previously established requirements, can be punished as an offence, by the Commission for Equality and Against Racial Discrimination (CICDR).

* Material originally published by the Commission for Equality and Against Racial Discrimination (CICDR).

Article 240º of the Racial Discrimination Law provides that:

Racial, religious or sexual discrimination

1 – Who:

  1. a) Found or form an organization or carries out organized advertising activities that incite discrimination, hatred or violence against a person or group of people because of their race, colour, ethnic or national origin, religion, sex, sexual orientation or gender identity, or that encourage it; or
  2. b) Participate in the organization or activities referred to in the preceding paragraph or provide assistance, including its financing;

is punished with imprisonment from one to eight years.

2 – Who, in a public meeting, in writing intended for disclosure or through any media or computer system intended for disclosure:

  1. a) Cause acts of violence against a person or group of people because of their race, colour, ethnic or national origin, religion, sex, sexual orientation or gender identity; or
  2. b) Slander or insult a person or group of people because of their race, colour, ethnic or national origin, religion, sex, sexual orientation or gender identity, namely through the denial of war crimes or against peace and humanity; or
  3. c) To threaten a person or group of people because of their race, colour, ethnic or national origin, religion, sex, sexual orientation or gender identity;

is punished with a prison sentence of six months to five years.

* Material originally published by the Commission for Equality and Against Racial Discrimination (CICDR).

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