FAQ: Discrimination

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How can I respond to discrimination?

When an individual encounters a situation where discrimination has taken place, regardless of whether he or she is the victim, he or she should report the situation to a competent entity or authority.

In cases of crime, both crimes of discrimination and hate crimes (homicide and assault causing bodily harm) are considered public crimes, and therefore anyone can report them to the authorities (law enforcement and prosecutors).

 As well, in the case of discrimination as an administrative offense, anyone can report it. In this context, there are two different situations you have to pay attention to:

  • In the case where discrimination took place at a workplace or by the employer, the competent authority to make a complaint to is the Authority for Working Conditions (Autoridade para as Condições no Trabalho – ACT)
  • In all other situations, complaints should be sent to the Commission for Equality and against Racial Discrimination (Comissão para a Igualdade e Contra a Discriminação Racial – CICDR), which works within the High Commission for Immigration and Intercultural Dialog (ACIDI)

 

What can happen to someone who is convicted in the case of discrimination?

In the case of discrimination as a crime, the defendant may be sentenced to a term of imprisonment ranging from six months to eight years.

In the case of discrimination as an administrative offence, those who are considered guilty and therefore convicted for practicing discrimination can be subjected to a fine one or five times the minimal national salary. If it was the employer who practiced discrimination, the fine will be anywhere between two and ten times the minimal national salary. If they have previously been convicted of discriminatory practices in the past, the minimum and maximum limits will be increased to double. The attempt and neglect are also punishable.

 

What penalties can be applied in the process of conviction?

The accessory penalties may be applied with a conviction for discrimination as an administrative offense:

  • Losing or surrendering of possessions.
  • The prohibition to exercise activity that requires a public title or authorisation or approval of a public authority
  • Taking away the right to grant or receive benefits from an entity or public service
  • The ineligibility to participate in fairs or markets
  • Taking away the right to participate in auctions or tenders with which the convicted individual has a contract or public works concession
  • Taking away the supply of public goods and services and the allocation of licenses or permits
  • The closure of an establishment that operates on a permit or administrative authority
  • The suspension of permits or licenses

 

In the case of hate crimes, which penalties can be applied?

Crimes against physical integrity (mentioned in articles starting from Article 143º of the Penal Code) and homicide (mentioned in articles starting from Article 131º of the Penal Code) are considered aggravated if practiced because of racial hatred and other reasons based on the religion, politics, colour of the skin, ethnic or national origin, gender and sexual orientation of the victim.

Crimes that are considered aggravated can carry a heavier penalty and range anywhere between 12 and 25 years of imprisonment in the case of a homicide, and until 12 years in the case of aggravated assault. 

 

The company or business that I work for has a few rules made specifically for the Portuguese and specifically for the foreigners. Can they do this?

No. All employees or workers are equal before the law, and an employer cannot favour some employees over another simply because they were born in Portugal. This differential treatment is discrimination, and affected individuals have the right to file a complaint to the Authority for Working Conditions (ACT). APAV | UAVM’s staff can help you to write a complaint accordingly to the legislation in force, and send it to the competent authority.  

 

My boss says that business is doing bad and only has money to pay Portuguese employees. What can I do?

Your employer has several duties to employees and among them is the duty to timely pay for the amount of work done and to prohibit any form of discrimination. When these duties are violated, affected employees can file a complaint to the Authority of Working Conditions (ACT). If your employer continues violating their duties even after the complaint, you can then initiate an action for the Labour Court (Tribunal de Trabalho). APAV | UAVM’s staff can help you to write a complaint accordingly to the legislation in force, and send it to the competent authority.

 

I went to a restaurant with my family, and the restaurant staff said that they don’t serve foreigners and that we should return to our ‘land’. What can I do?

By not being served at the restaurant, you were subjected to unequal treatment that prevented your access to a service, based on the sole reason that you belong to a particular nationality or ethnicity. Therefore, you can file a complaint to the Commission for Equality and Against Racial Discrimination (CICDR), express and detail the situation in the complaints log, and do so as soon as possible. If the complaints log is not available or provided, you can call the authorities to access it. APAV | UAVM's staff can help you to write a complaint accordingly to the legislation in force, and send it to the competent authority.  

 

I scheduled a visit to a house that was available to be rented. When I arrived, the landlady realising that I was Brazilian told me that the house was already rented out. After leaving, I immediately called my Portuguese friend who then called the landlady and was informed that the house was still up for rent. What can I do about this behavior?

By being denied the possibility to rent the house, you were subjected to unequal treatment based on your nationality, ethnicity or colour of your skin. In a situation like this, APAV | UAVM can provide you the legal assistance to file a complaint to the Commission for Equality and Against Racial Discrimination (CICDR), as well as any psychological support you may need. 

 

I’m a Muslim, and I wear traditional clothing that reflects my faith and religion. One day I was walking down the street in the area where I live, and I was attacked by a group of youth who said, “With those clothes you wear, you must be a terrorist!” Since then I’ve been too scared and humiliated by what happened. What can I do?

This type of aggression can be classified as a hate crime, when the perpetrators of the crime make it clear that their aggression is motivated by their preconception(s) of your religion. Given this situation, you can file a complaint to the police or prosecutor, who is then responsible for processing the crime and applying the appropriate punishment according to the law. Under this procedure, you can ask the court to place a restraining order on the perpetrators, so that you can avoid any contact with them.

If deemed necessary, you can request assistance from APAV | UAVM to address issues relating to the judicial process, as well as receive psychological support, which is a very important resource to help you deal with the aftermath and experience of victimisation.