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Portugal

A. UN Convention status

A1. Ratification or conclusion of the UN Convention

The President of the Portuguese Republic ratified the UNCRPD on the 15 July 2009 through Decree 71/2009 published in the official journal on 30 July 2009. The ratification followed approval by the Portuguese Parliament, through Resolution 56/2009 of 7 May, also published in the official journal on 30 July 2009. The ratification deed was deposited by the Secretary-General of the United Nations on 23 September 2009 and therefore, in accordance with Art. 45(2), the Convention entered into force in Portugal on the 23 October 2009.

Links

Update date: Tue, 2017-05-09

A2. Ratification or accession to the Optional Protocol

The President of the Portuguese Republic ratified the Optional Protocol on 15 July 2009 through Decree 72/2009 published in the official journal on 30 July 2009. The ratification followed approval by the Portuguese Parliament, through Resolution 57/2009 of 7 May, also published in the official journal on 30 July 2009. The ratification deed was deposited by the Secretary-General of the United Nations on 23 September 2009 and therefore, in accordance with Art. 13(2), the Optional Protocol entered into force in Portugal on the 23 October 2009.

Links

Update date: Tue, 2016-03-15

A3. Declarations, Reservations and Objections

Portugal has not presented any declarations, reservations or objections in relation to the UNCRPD and Optional Protocol.

Update date: Thu, 2012-12-06

A4. Comprehensive review

No comprehensive review of existing legislation has been conducted by the Portuguese government in preparation to the implementation of the Convention.

Links

Update date: Thu, 2012-12-06

A5. Focal point

According to the Resolution of the Council of Ministers 68/2014 dated of 21 November (Art. 1), the Government appointed the Directorate General of Foreign Policy of the Ministry of Foreign Affairs (Direção-Geral de Política Externa do Ministério dos Negócios Estrangeiros (MNE)) and the Office of Strategy and Planning of the Ministry of Solidarity, Employment and Social Security (Gabinete de Estratégia e Planeamento do Ministério da Solidariedade, Emprego e Segurança Social (MSESS)) as contact points for matters related to the implementation of the Convention.

Links

Update date: Tue, 2016-11-22

A6. Coordination mechanism

According to the Resolution of the Council of Ministers 68/2014 of 21 November, the Government appointed the National Institute for Rehabilitation (INR, I.P.) as the national coordination mechanism within the Government (MSESS) to promote necessary actions for the implementation of the Convention. Annually, after the anti-discrimination law (Law 46/2006) came into force, the INR, I.P. elaborates a report that analyses the complaints based on this law (the latest is of 2015). The complaint procedure is also available online on the INR's website.

Links

Update date: Tue, 2017-05-09

A7. Independent mechanism

The Resolution of the Council of Ministers 68/2014 of 21 November defined the national mechanism for monitoring the implementation of the UN CRPD as composed of ten members, including representatives of public entities and of civil society organisations from all areas of disability and academic experts in the field:

  1. a representative from the Parliament (Assembleia da República);
  2. the Ombudsman (Provedor de Justiça);
  3. a representative from the National Human Rights Committee (Comissão Nacional para os Direitos Humanos);
  4. a representative from the National Disability Committee (Comissão Nacional para a Deficiência);
  5. five representatives from disability organisations (representing the areas of physical, intellectual, sensorial (both deafness and blindness) and organic impairments; and # a recognised expert from the academia.

However, the appointments are still in process and therefore the mechanism is not fully in place. The process of appointment of the members to the Mechanism was lengthy and complex and only in December 2016 the Mechanism held its first meeting to elect the Chair.

Links

Update date: Tue, 2017-05-09

A8. Official reporting

Portugal presented the first report on the implementation of the CRPD on 8 August 2012 (due in October 2011). A Working Group of the National Human Rights Committee prepared the Portuguese initial report for the UN Committee on the Rights of Persons with Disabilities, and the Committee held a consultation meeting with civil society on 29 February 2012, which included the participation of Organizations of Persons with Disability. Comments and inputs from civil society were gathered at that meeting. The UN Committee on the Rights of Persons with Disabilities has released the List of Issues prepared on 17 August 2015 in Geneva during the XIV Session of the CRPD Committee that the Portuguese State had to respond to in writing. The 'Constructive Dialogue' between the Portuguese State and the CRPD Committee took place on 29 and 30 March 2016 during the XV Session of the Committee on the Rights of Persons with Disabilities (from 29 March to 21 April 2016). The UN Committee on the Rights of Persons with Disabilities released the ‘Concluding Observations on the Initial Report of Portugal’ related to the implementation of the Convention on the Rights of Persons with Disabilities in Portugal.

Links

Update date: Tue, 2017-05-09

A9. Shadow reporting

The Disability and Human Rights Observatory (ODDH) and the disabled people’s organisations that constitute its Advisory Board, representing altogether 182 Disabled People’s Organisations (DPOs), submitted the Parallel Report on the Monitoring of the Rights of Persons with Disabilities in June 2015 to the UN Committee on the Rights of Persons with Disabilities. A Response to the List of Issues was also submitted by the Observatory to the Committee on the Rights of Persons with Disabilities in January 2016.

Links

Update date: Tue, 2017-05-09

B. General legal framework

B1. Anti-discrimination legislation

The right to non-discrimination is established for all citizens in the 1976 Constitution (and subsequent revisions including the most recent one in 2005). Although Article 13 of the Constitution does not specifically mention disability as a ground for discrimination, the list of grounds presented is not meant to be exhaustive and therefore the clause is usually interpreted as also including disability. Prohibition of discrimination on the basis of disability has been more recently re-enacted in two key legal documents: the 2004 Disability Act (Law 38/2004 of 18 August) and the 2006 Anti-discrimination Law (Law 46/2006 of 28 August). Both pieces of legislation prohibit direct and indirect forms of disability-based discrimination and put forward the principle of affirmative action or positive discrimination, as a way to compensate for structural inequalities facing persons with disabilities. The Anti-discrimination law defines what constitutes discriminatory practices (Art. 4). These include, among others, the denial or imposition of limitations in the provision of goods and services, including in access to credit and insurance, to the built environment, to sign language, to education, healthcare and information technologies. However, the specific rights and particular vulnerabilities of disabled women and children with disabilities are not mentioned in any of these laws, nor is it anywhere recognised that they might be subject to multiple discrimination. Hence, no specific measures are envisioned for them.

Links

Update date: Tue, 2016-06-07

B2. Recognition of legal capacity

Legal capacity is defined in the Portuguese law as the ability to enter a legal relationship (Civil Code, Art. 67). The majority of Portuguese citizens acquire legal capacity when they reach 18 years old (Civil Code Art. 130). The Civil Code, however, defines two ways in which legal capacity can be limited or suppressed; they are the regimes of inabilitation (inabilitação) and interdiction (interdição).

The regime of interdiction implies a severe containment to the exercise of rights. Regardless of their age, persons who are subjected to this regime remain in the status of minors, for instance, they cannot exercise the right to vote, and if interdiction is ascribed on the basis of a ’mental anomaly’ they are prevented from exercising paternity and testifying in court, and although they can marry, the marriage can be declared null. According to the law, persons with ’mental anomalies, deaf-muteness and blindness, who show inability to govern their lives‘ can be assigned the status of interdiction (art 138(1)). The Court assigns the status of interdiction on the basis of a legal request (by a parent, the spouse, a child, the curator or the public attorney), a medical assessment of the individual, and statements of family members, friends, neighbours and others close to the person. Once the status of interdiction is assigned, a Tutor is designated. The Tutor is usually a family member (e.g. parent, spouse, eldest child) but if a family member is lacking, a professional (e.g. the director of a service provider organisation) may also be designated as a Tutor. A Pro-Tutor is further designated to supervise the Tutor. The Tutor should act as a ’good parent’ and provide for the well-being, health and education of the person who is under his/her guard. Tutors are obliged to request permission from the Court in order to perform certain acts (e.g. buy and sell property, accept inheritances, submit claims).

The regime of inabilitation, in turn, implies the suppression of the right to manage one's own property. It is also assigned by a Court, on the basis of a legal request and a medical assessment. Persons whose 'mental anomalies, deaf-muteness and blindness are not so severe to justify their interdiction', as well as persons who systematically incur in ’unjustified and ruinous expenses’ or are addicted to alcohol or drugs may be assigned the status of inabilitation (Art. 152). A Curator is designated to assist the person in all acts related to property, or even to act on his/her behalf. In this latter case, a Family Council (composed of family members, neighbours, friends and others) is set in place, and a representative is nominated to supervise the acts of the Curator.

Recently, the revision of the Civil Code has been considered a priority in order to reformulate the systems of full and partial guardianship (through the Resolution of the Council of Ministers 63/2015, 25 August), and a bill for modifying these systems was introduced (Bill 61/XIII). However, this matter is still in public debate, and no alteration to the Civil Code has yet been done.

Links

Update date: Tue, 2017-05-09

B3. Accessibility of voting and elections

According to the Portuguese Constitution (article 49(1)), all citizens of 18 years old and over who are properly registered are entitled to vote in Portugal, except persons who have certain impairments. Indeed, Article 2 of the Electoral Law (Law 14/79 of 16 May) specifies that citizens who have been assigned the status of interdiction, or persons with intellectual impairments under the regime of full or partial guardianship and those who are institutionalised in psychiatric institutions are unable to exercise voting rights (Law 14/79 of 16 May, Decree-law 319-A/76 of 3 May and Organic Law 1/2001 of 14 August). The law further states that the act of voting is always 'direct and secret'. Article 97, however, entitles ’persons with visible physical disabilities or illnesses‘ to bring an assistant of their own choice to the voting booth, in order to assist them or vote for them. Citizens, whose disabilities or illnesses are not visible, and yet require assistance to vote, need to present an official medical note to justify their need (Art 97). The Electoral Law does not foresee alternative ways for persons with disabilities to cast their vote (e.g. through electronic voting or ballot papers in Braille). Although the existing system allows blind people to vote, it compromises their right to a free and secret vote. Hence, by not allowing alternative ways of expressing the vote (e.g. electronic vote), the Portuguese Electoral Law discriminates against persons with disabilities, and prevents them from exercising with autonomy the right to vote. As a result of a complaint lodged by the Portuguese Association of Disabled People (APD), the National Elections Commission (CNE) issued in 2009 a recommendation on accessibility in which it calls upon the responsibility of Municipalities to ensure physical accessibility to the voting sites. In spite of this recommendation, conditions of physical accessibility are not always insured, which prevents some people with physical impairments from exercising the right to vote.

Links

Update date: Tue, 2016-03-15

B4. Official recognition of sign language

Sign language is recognised in the Portuguese legislation in several ways. Article 74.h of the Constitution states that, in pursuing an education policy, the State must ’protect and value the Portuguese sign language, as a means of cultural expression and a tool to access education and equality of opportunities.' Sign language is also mentioned in the Anti-discrimination Law (Law 46/2006 of 28 August); according to Article 4(d) the denial of access to or dissemination of sign language is considered a ’discriminatory practice.' Article 43 of the 2004 Disability Act (Law 38/2004 of 18 August) requires the State and other private and public stakeholders to provide information in accessible formats to persons with disabilities, including information in sign language. In the context of education, schools can hire specialised professionals, including sign language interpreters and teachers. Law 27/2007, of 30 July (amended by Law 8/2011, of 11 April), which regulates television operators, states in Article 34 that it is up to the media regulatory body to define a multiannual plan for gradual implementation of the rules that enable access for persons with special needs to broadcast TV, ’notably through the use of captioning, sign language interpretation, audio-description and other adequate techniques.‘ The Multi-Year Obligation Plan (from 1 February 2014 to 31 January 2017), approved on 2 January 2014 by The Portuguese Media Regulatory Authority (ERC), establishes the obligations on the three most important TV channels in this area, including the hours of broadcasting with subtitling, sign language interpretation, audio description and other appropriate techniques, as well as the provision of easily understandable menu navigation systems. In another context, the use of sign language interpreters is also allowed during the training and the practical exam to obtain a driving permit.

Links

Update date: Tue, 2017-05-09

B5. National disability strategy and action plan

The First National Disability Strategy (Estratégia Nacional para a Deficiência – ENDEF I) was implemented during 2011-2013 following the first Action Plan on the Integration of Persons with Impairments and Disabilities 2006-09. The ENDEF I was adopted after the country signed the CRPD and therefore, it embodied the Portuguese State’s commitment to 'promote, protect and ensure a life with dignity for persons with disabilities'. The ENDEF I had five specific objectives:

  1. 'Disability and Multi-discrimination';
  2. 'Justice and exercise of rights';
  3. 'Autonomy and quality of life';
  4. 'Accessibility and design for all';
  5. 'Administrative modernization and information systems.'

It included 133 measures in total. The National Institute for Rehabilitation (INR, I.P.) was assigned the reponsibility for monitoring the implementation of the ENDEF I. The INR published the Final Report of ENDEF I in October 2014 where it stated that the percentage of implementation of the planned measures had been the following: 73.68% in 2011, 68.75% in 2012 and 77.55% in 2013. This Report concluded that during 2011-2013 the level of implementation reached only 76% with 103 measures implemented. In the report, the INR acknowledged that the implementation of the ENDEF I was hampered by the financial crisis and the austerity measures that the government had to put in place during that period.
Through the Ministerial Order 15432/2012, of 4 December, the Government established the ENDEF II Commission tasked with the development of a proposal for the National Disability Strategy 2014-2020 (ENDEF II). The ENDEF II Commission is coordinated by the National Institute for Rehabilitation (INR, I.P.) and includes representatives from the various Ministries and disability organisations. However, so far, the ENDEF II has not been adopted and therefore the country lacks a national coherent disability policy.

Links

Update date: Tue, 2017-05-09

C. Accessibility

C1. Transport accessibility

Denying and limiting access to public transportation is expressly prohibited by the Portuguese Anti-discrimination Law (Law 46/2006 of 28 August). Decree-Law 58/2004, of 19 March, defines the accessibility standards for newly acquired public buses (transposition of the European Parliament and Council Directive 2001/85/EC). New trains must ensure the accessibility standards defined in the COST 335 norms (COST 335 - Passengers' accessibility of heavy rail systems, final report, November 1999). In addition, Decree-Law 252/98, of 11 August, provides for the licensing of accessible taxis. The Accessibility Law (Decree-Law 163/2006, of 8 August) further requires that railway stations, subway stations, bus central stations and bus stops, ferry piers, airports, petrol stations and service areas in motorways are made accessible to disabled persons. Deadlines for the implementation of the accessibility standards vary according to the construction year of the facilities. There are three possible situations:

  1. adaptations of apartment buildings, facilities and other buildings built before 22th August 1997 should be concluded within a period of ten years from the date the Accessibility Law comes into effect;
  2. adaptations of apartment buildings, facilities and other buildings built after 22th August 1997 should be concluded within a period of five years;
  3. adaptations of apartment buildings, facilities and other buildings built in accordance with the previous accessibility law (Decree Law 123/97 of 22 May) are exempt from the new standards.

After these deadlines, non-compliance with the accessibility standards will be sanctioned as follows: individual person EUR 250 to EUR 3,740.98 and collective persons EUR 500 to EUR 44,891.81. In case of further non-compliance, the fine adds to the maximum amount mentioned above an additional amount that ranges from EUR 1,870.49 to EUR 22,445.91. Other sanctions may apply, such as: closure of the institution, suspension of the permit or license, etc. (Art. 19 of the Accessibility Law).
Exceptions are also previewed in the law. The implementation of the accessibility standards is not required when:

  • the elimination of architectural barriers is disproportionately difficult;
  • it requires economic and financial means that are disproportionate or not available;
  • the implementation of accessibility standards would affect significantly the cultural and historical heritage, whose morphological, architectural and environmental preservation is intended.

However, this law is currently under revision - a new project-law has been issued and is open to public consultation on the website of the National Institute for Rehabilitation (INR, I.P.). As of March 2017, all the deadlines have already met and no sanctions have yet been applied to the non-compliants.

The National Plan for the Promotion of Accessibility (PNPA) 2007/2015 (Resolution of the Ministers Council 9/2007) established a set of actions to remove disabling transport barriers to be implemented in two phases: 2007- 2010 and 2011-2015. Examples of measures to promote accessibility in transportation during the first phase included: facilitating the allocation of parking cards for disabled people; promoting accessibility in all underground stations; promoting accessibility at railway stations, including accessibility in circulation areas, at service counters, ticket vending machines and installing adapted toilet facilities for use by persons with disabilities; and progressively replacing the fleet of buses, with special priority for those operating in urban areas. At the end of the first phase an evaluation process was due to take place and new measures were to be developed accordingly. Even though a public consultation was held, the new measures had never been established. The second phase of the plan (2011-2015) never started. In addition to this Plan, the National Disability Strategy, 2011-2013 (Resolution of the Ministers Council 97/2010) included measures to remove obstacles and promote accessibility in public transportation.

Law 72/2013, of 3 September, ammends the Road Code (Codigo da Estrada), particularly with regards to persons with disabilities. It introduces a legal definition of 'vulnerable users” which includes persons with reduced mobility or disabled people, as well as children, elderly, pregnant women, pedestrians and bicycles, for whom specific rules are established along the Code aimed to guarantee their safety; the Code further defines the 'zone of co-existence' as the area of road specially designed and marked for shared use by pedestrians and vehicles. These areas must take into account the needs of 'vulnerable users', with particularly respect for the principles of inclusive design. The Code also includes new rules about the transportation of disabled children, taking into account their specific safety needs.In addition, Portugal has introduced the Strategic Plan of Transportation - Sustainable Mobility (Plano Estratégico dos Transportes - Mobilidade Sustentável (PET)) by the Resolution of the Council of Ministers 45/2011 of 10 November that presents a vast programme of reforms to be implemented during 2011-2015, covering public transport companies, road infrastructure, maritime and air transportation. The Strategic Plan of Transportation and Infrastructure 2014-2020 (PETI3+) (Plano Estratégico dos Transportes e Infraestruturas) is an update of PET 2011 - 2015 that implies the second phase of structural reforms to be undertaken to increase accessibility, as well as a set of investments into transport infrastructures to be completed by the end of this decade.

Links

Update date: Tue, 2017-06-27

C2. Built environment accessibility

The Anti-discrimination Law (Law 46/2006, of 28 August) requires that public buildings and public-use facilities are made accessible to disabled persons. The Accessibility Law (Decree-Law 163/2006, of 8 August) defines the accessibility standards for public buildings, spaces, and facilities, and contains general norms and principles that should be applied to residential buildings (either social housing or private sector housing). These standards apply both to old and new buildings. The deadlines for the implementation of the accessibility standards vary according to the construction year of the housing, buildings and facilities. Thus, there are three possible situations (Article 9, Accessibility Law):

  1. adaptations of apartment buildings, facilities and other buildings built before 22 August 1997 should be concluded within a period of ten years from the date the Accessibility Law comes into effect;
  2. adaptations of apartment buildings, facilities and other buildings built after 22 August 1997 should be concluded within a period of five years;
  3. adaptations of apartment buildings, facilities and other buildings built in accordance with the previous accessibility law (Decree Law 123/97 of 22 May) are exempt from the new standards.

After these deadlines, non-compliance with the accessibility standards will be sanctioned as follows: individual person EUR 250 to EUR 3,740.98 and collective persons EUR 500 to EUR 44,891.81. In case of non-compliance, the amount of the fine may increase, as well as other sanctions may also apply (Art. 19, Accessibility Law). As of March 2017, all these deadlines have already been met and no sanctions have yet been applied. Exceptions are also previewed in the law. However, the implementation of the accessibility standards is not required when: the elimination of architectural barriers is disproportionately difficult; it requires economic and financial means that are disproportionate or not available; the implementation of accessibility standards would affect significantly the cultural and historical heritage. Recent legislation on urban regeneration (Decree-Law 53/2014) also provides a temporary exemption from compliance with accessibility standards. According to this Decree-Law, all regeneration works carried out in old buildings (more than 30 years old) are not required to meet accessibility standards, provided that the building is intended for housing.

Through Resolution of the Council of Ministers 9/2007, the Government adopted the National Plan for the Promotion of Accessibility 2007/2015 (PNPA). The Plan identified three main goals:

  1. to raise awareness;
  2. to provide information;
  3. to provide training on accessibility issues, and establish a set of measures to remove barriers to accessibility in transportation and the built environment, in workplaces, housing and ICT.

Some of these measures included promoting accessibility in public buildings, supporting the adaptation of housing and raising awareness in society about the need to improve accessibility.
The National Institute for Rehabilitation (INR, I.P.) evaluated the implementation of the first phase of the PNPA measures (2007-2010), however the report of the second phase is not yet available. The INR, I.P. also coordinates such programmes as RAMPA (Accessibility Support Regime for Municipalities); Accessible Beach for All; Alert School Project; The Accessibility Guide 'Accessibility and Mobility for All.' The RAMPA programme includes measures to support accessibility assessment, awareness-raising and training activities, as well as the development of accessibility plans for public spaces. The State Budget 2017, approved by Law 42/2016, of 28 December (Article 166), foresees that the Institute of Housing and Urban Reconstruction (Instituto da Habitação e da Reabilitação Urbana - IHRU, I.P.) will provide a report about the accessibility in Portugal at the end of the first quarter of 2017, following which the Government will take necessary measures.

Links

Update date: Tue, 2017-06-27

C3. ICT and Web accessibility

ICT and website accessibility are required by the Action Plan for Information Society adopted through Resolution of the Council of Ministers 107/2003 of 12 August. ICT and website accessibility are promoted in the National Programme for the Participation of Citizens with Special Needs in the Information Society (Resolution of the Council of Ministers 110/2003 of 12 August). Some of the proposed measures include the promotion of accessibility on public television channels and training on Internet usage for persons with disabilities. In this context, the programme Digital Inclusion was created through Ordinance 1354/2004 and funds were made available to support projects aiming to train and improve access to ICT by persons with disabilities and older persons. The ACCESS Programme, created by the UMIC-Agency for the Knowledge Society, is another initiative in this domain. It aims at developing, providing and disseminating information and communication technology tools to improve the quality of life of citizens with special needs, as well as supporting the widespread use of ICT by persons with disabilities and the professionals who work with them. One of the components of the programme is the Solidarity Network which provides internet access, web hosting and e-mail management for disability organisations. In 2004, 240 non-profit organizations in the disability field were part of this network. The UMIC-Agency for the Knowledge Society has translated into Portuguese and has made available on the internet the WCAG 2.0 Web Content Accessibility Guidelines of the W3C World Wide Web Consortium, and has created a certification system to assess web accessibility. In addition, the Resolution of the Council of Ministers 155/2007 of 27 September approved the Guidelines for the Accessibility of Government and Central Administration Websites. The Portugal Digital Agenda approved through the Resolution of the Council of Ministers 112/2012 of 31 December included two important objectives specifically addressing the needs of persons with disabilities: 1) to promote the availability and use of e-books (electronic books); and 2) to define accessibility policy for content and Portuguese digital platforms available on the Internet (3.3.4.). Portugal has not signed the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled.

Links

Update date: Tue, 2017-05-09

D. Independent living

D1. Choice of living arrangements

According to the Portuguese Constitution Article 65, 'all citizens have the right to adequate housing that preserves personal intimacy and family privacy'. The Disability Act (Law 38/2004 of 18 August) Article 32 calls attention to the need on the part of the state to take the necessary measures to ensure the right to housing for persons with disabilities, namely in terms of eliminating barriers and promoting universal design in housing building and renovation. Nevertheless, according to the Order 28/2006 of 3 May, persons with disabilities of 16 years or older can be obliged to live in a residential facility in the following cases: if they participate in education, training or other activities located in the areas distant from their regular place of living; if the family cannot guarantee proper accommodation for a person with a disability; and if the family member(s) need some free time in case of illness or other related cases. Persons with disabilities younger than 16 years old can also be temporarily institutionalised if other measures were not successful. Persons with severe mental health conditions may also be limited on their choice of living arrangement and forced to institutionalisation. According to the Mental Health Law (Law 36/98 of 24 July), the court can determine compulsory institutionalisation when a person with a serious psychiatric abnormality endangers other people or property, refuses to receive appropriate treatment, or if absence of treatment significantly deteriorates the person's health.

Links

Update date: Tue, 2016-03-15

D2. De-institutionalisation

The majority of disabled people in Portugal live with their families as there is a societal expectation that families will provide for the well-being of their members. Life in the community has nevertheless been partly encouraged by the State through some housing policies. Persons with disabilities in Portugal with an incapacity level equal to or over 60% can have access to a special house credit. Also disabled people with low income can benefit from government support for house renting. Furthermore, disabled people between 18-30 years old regardless their income can apply for Door 65-Youth Programme which aims to support youth living in urban rented housing. Following international recommendations, the National Plan of Mental Health 2007 - 2016 established the objectives of deinstitutionalisation and gradual closing of psychiatric hospitals. The Decree-Law 8/2010, of 28 January (amended by Decree-Law 22/2011, of 10 February), foresees the creation of new types of services providing community care for persons with psychosocial disabilities, including: residential units (unidades residenciais), socio-occupational units (unidades sócio-ocupacionais) and home care support teams (equipas de cuidados domiciliários de apoio). However, these services were not immediately put in place, and only in 2015 through Ordinance 59/2015 of 2 March the first residential services to persons with psychosocial disabilities were set up: notably residential homes (lar residencial) and autonomous residences (residência autónoma). These services are mostly provided by private entities or private non-profit organisations in which cases persons with disabilities or their families have to pay a fee according to their family income. The new 'Priority Health Programme on Mental Health', issued through Dispatches 6401/2016 and 7433/2016, also emphasises, among other goals, the development of the Integrated Continuing Mental Health Care Network, supporting the creation of 1500 places for adults and 500 for children in community care services.

The National Disability Strategy (ENDEF I) which came to an end in 2013 included a measure concerning the introduction of a pilot project on Personal Assistance. However, this measure was not implemented due to the economic crisis and consequent lack of financial resources. In 2015 the Lisbon Municipality launched The Independent Living Pilot Programme to promote independent living for persons with disabilities. The programme involves five participants with mobility disabilities who benefit from personal assistance schemes and social housing. This project has an investment of EUR 152 thousand and will last until the end of 2017.

In February 2017, the government made available for public discussion a paper setting out the framework for a new Programme to Support Independent Living. According to this paper the government plans to use European Structural Funds to support independent living projects and aims to spend about EUR 15 million in these projects. The public discussion ended on 27 March 2017, and The Council of Ministers formally adopted the normative basis for this Programme on 10 August 2017. The new decree law, however, has not yet been published in the national Official Gazette.

Links

Update date: Tue, 2017-09-05

D3. Quality of social services

As part of the Ministry of Solidarity and Social Security funding programmes for disability service providers, the Ministry sets up some rules and obligations (regarding, for example, personnel, number and quality, physical spaces, etc.) and monitors their implementation. In addition, many organisations are voluntarily undertaking quality control processes through international systems such as EQUASS or the ISO 9001:1200 norms. These organisations can apply for funds from the European Social Fund and the national QREN/POPH programme to initiate the certification process under EQUASS. The Portuguese Association of Quality is the independent inspection and certification body in Portugal for this system. The organisations that show conformity with the nine principles of EQUASS quality (leadership, rights, ethics, partnerships, participation, orientation towards the client, scope, orientation towards results, and continuous improvement) are certified for a period of two years in either level I ( EQUASS Assurance), Level II, (EQUASS Excellence ) or Level III ( EQUASS Award). In addition, the Ombudsman provides since April 2013 a free new Help and Information Line for Disabled Citizens, which aims to answer questions and solve problems presented by, not only persons with disabilities, but all those who are related to or look for information on disability issues.

Links

Update date: Wed, 2016-03-16

D4. Provision of assistive devices at home

The 2004 Disability Act (Law 38/2004, of 18 August) Article 31 states that 'it is up to the State to provide, adapt, maintain and renew the appropriate means of compensation to ensure greater autonomy and adequate integration of persons with disabilities'. The National System for the Ascription of Assistive Devices (SAPA), established by Decree-Law 93/2009, of 16 April, and Decree-Law 42/2011, of 23 March, gives expression to this norm. The intention of SAPA is to compensate for impairments and reduce their impact in the daily life of persons with disabilities. It is a public and universal system and covers the areas of health, vocational training and employment and independent living. Only disabled people with an incapacity level equal to or over 60% are eligible to receive assistive devices. Nevertheless, an assistive device is provided only after the evaluation of the socio-economic conditions of the applicant and of the importance of the device to the applicant’s life. In this case, a medical prescription is required, issued by a Health Centre, Hospital or specialised rehabilitation centre designated by the Institute for Social Security (ISS, I.P.). Priority is given according to applicants’ health conditions and the importance of the device for the applicants’ autonomy and daily life activities. Assistive devices prescribed by a health or a rehabilitation center are funded by the Institute for Social Security and the Ministry of Health. Funding is provided by the Institute of Vocational Training and Employment (IEFP, I.P.) for accessing vocational training or for accessing, maintaining or progressing in a job, including access to transportation. Education-related assistive devices are provided by the Ministry of Education to students with disabilities attending compulsory education. No similar system, however, exists for students with disabilities attending university. The process of obtaining assistive devices is extremely lengthy and excessively bureaucratic. Persons with disabilities are also entitled to reduced taxes when purchasing an adapted car (as regulated by Law 22-A/2007, of 29 June 29).

Links

Update date: Tue, 2017-05-09

D5. Availability of personal assistance schemes

The Lisbon Municipality Independent Living Pilot project, the first one in the country, was launched in 2015 funded by the Lisbon city hall. The project, which will last until the end of 2017, aims to promote independent living for persons with disabilities, and involves five participants who currently benefit from personal assistance and social housing schemes. In addition, the State Budget 2017, approved by Law 42/2016, of 28 December (Article 165 Independent living), plans to support pilot projects to promote a personal assistance scheme. In February 2017, the government made available for public discussion a paper setting out the framework for a new Programme to Support Independent Living. According to this paper the government plans to use European Structural Funds to support independent living projects and aims to spend about EUR 15 million for these projects. The public discussion ended on 27 March 2017 and the final version of this discussion is available on the website of the National Institute for Rehabilitation (INR, I.P). The Council of Ministers approved the normative basis for this Programme on 10 August 2017. The new decree law, however, has not yet been published in the national Official Gazette. Under this Programme people with disabilities (16 years of age and above) with 60% or high degree of impairment certified by a medical assessment will have access to individual assistance. Persons with intellectual impairments and autism disorders will benefit independently of their assessed impairment level. The following types of assistance can be provided: personal everyday activities; health and personal care; citizenship participation; mediation of communication; work context; vocational training; higher education and research; culture, leisure and sport. The assistance will be provided according to the needs of each person with disability, not exceeding 40 hours per week, through CAVI – Centres of Assistance to Independent Living, and not by a family member. A person with disability can participate in the selection process and afterwards he/she or his/her representative signs a contract with the selected assistant. The Decree-law is currently under the analysis of the President.

Until now, the only support available, at the national level, to family members who assist their disabled relatives (both children and adults) in the performance of their daily life activities, for a minimum of six hours per day, is an Allowance for Assistance by Third Person. The amount of this Allowance is EUR 101.68 per month in 2017. However, persons who claim the Third Person Assistance Allowance cannot work and the eligibility criteria are very strict. If a parent needs to care for their child with disability or chronic illness, he/she can take a leave from work for a period that lasts from six months up to four years maximum and apply for a Subsidy to Assist a Child with Disability or Chronic Illness. In this case, the child has to have a medical condition and a need for assistance certified by a doctor and the beneficiary (parent) has to live together with the child. The amount of the benefit equals 65% of the monthly salary of the parent, but it cannot exceed two IAS amounts per month (Social Support Index (IAS): EUR 421.32 in 2017).

Links

Update date: Tue, 2017-09-05

D6. Income maintenance

Currently, income maintenance arrangements for adults with disabilities are diverse. Persons who are not able to work due to their impairments can either claim a Disability Allowance (Subsídio Mensal Vitalício), an Invalidity Pension (Pensão de Invalidez) or a Social Invalidity Pension (Pensão Social de Invalidez). Once the beneficiary reaches 65 years old, the Invalidity Pension (Pensão de Invalidez) is converted into an Old Age Pension. Typically, those who have worked some time and have made contributions for social security and acquire disabilities that are not work-related will apply for an Invalidity Pension. Those who never worked or had a very short contributory career will either apply for a Disability Allowance or to a Social Invalidity Pension. The eligibility criteria to receiving these benefits (and indeed all social benefits) have changed and became more stringent in 2010. According to Decree-law 77/2010, of 24 June, and Decree-law 116/2010, of 22 October, cash benefits of sickness, unemployment and family allowance for children and youth– excluding those benefits for disability and dependency – started counting to determine the household income. In addition, from 2011 to 2016, due to an austerity plan in place, all pensions and benefits, including disability-related benefits, have been frozen, except minimum pensions which increased by 3% (Order 320-B/2011, of 30 December). In 2016, all pensions that were below or equal to EUR 628.82 were increased up to 0,4% (according to Decree-Law 254-B/2015, of 31 of December), including the Invalidity Pension and the Social Invalidity Pension. In addition, the Allowance for Assistance by Third person and Disability Allowance have also slightly increased. In 2017, all the pensions and social benefits have again been updated.

More recently, some changes in the special invalidity regime have also been introduced aiming to support persons with disabilities deemed permanently incapable to work and/or having non-curable disabilities/illnesses (not work related). On 17 March 2016, a new law was adopted (Law 6/2016) amending Decree-law 246/2015, of 20 October 2015, extending access to this benefit to recipients who deemed to have a permanent incapacity for work due to chronic diseases 'with negative impact on work performance'. In 2017 the government made available for public discussion a framework paper on a new unified benefit - the Social Inclusion Benefit (Prestação Social para a Inclusão). This new benefit will replace all existing disability-related benefits, including the Disability Supplement to Family Allowances, the Disability Allowance, the Special Education Subsidy, and the Assistance by Third Person Benefit, to name just the most frequent ones. Persons with disabilities of working age receiving a Disability Allowance (Subsídio Mensal Vitalício), a Social Invalidity Pension (Pensão Social de Invalidez) or an Invalidity Pension (Pensão de Invalidez) are the first group who will have access to this benefit. The new benefit, which will be implemented gradually from 2017 to 2019, encompasses three components (the Basic component, the Complement and the Additional component) and targets people with disabilities of all ages. The Basic component (EUR 260 per month) will start to be provided in the last quarter of 2017 to all people with more severe disabilities (incapacity level equal to or above 80%) aged 18-55 years old, regardless their income, and to disabled persons with incapacity levels between 60% and 80%, on a means-tested basis. For both groups the component will allow the accumulation with income from professional activity or from other sources, with no limits in the case of the more severely disabled but with a cap for others (the cap being higher for income generated through a professional activity than through other sources – e.g. other social benefits). The other components - the Complement and the Additional component - will be introduced throughout 2018-2019. On 10 August 2017, the Council of Ministers approved the normative base for the new Social Inclusion Benefit. The Decree-law is currently under the analysis of the President.

Links

Update date: Tue, 2017-09-05

D7. Additional costs

The Allowance for Assistance by Third-Person (EUR 88,37 per month in 2015 increased to EUR 101.68 in 2017) currently aims to support families who receive a Family Allowance or have a family member who receives a Disability Allowance and needs assistance by a third person for six or more hours per day. Additionally, the Dependency Supplement (Complemento por dependência) is available to those who receive an invalidity, retirement or survival pension and are in a situation of dependency, which amount varies between EUR 91.51 and EUR 183.02 per month (in 2017) according to the degree of dependence of the applicant and the pension type that he/she already receives. Families who have disabled children (up to 24 years old) who attend private Special Educational schools (who are just 1% of all children with disabilities nowadays) are entitled to a Special Education Subsidy according to Regulatory Decree No. 3/2016, of 23 August. The subsidy may cover the monthly fee or the individual technical support fee. However, families also pay a contribution, which varies depending on the number of children with disability per family.

Besides tax benefits and social security benefits for disabled persons and their families, additionally, there are other support benefits. According to the Portuguese law only a degree of permanent disability equal to or over 60% proven by a medical incapacity certificate is relevant for tax purposes. There are tax benefits for disabled persons in the following taxes: Personal Income Tax, Vehicle Tax, Value Added Tax and Road Tax. People who have a degree of permanent disability equal to or over 60% or who have disabled dependents or disabled ascending relatives can deduct on their personal income tax: EUR 1,900 for a disabled taxpayer; EUR 1,187.50 for a disabled dependent (child or disabled parent or grandparent); 30% of all registered expenses with education and rehabilitation of the taxpayer and disabled dependents; 25% of all life insurance premiums and contributions to mutual associations that exclusively cover death, disability or retirement risks; 30% of the expenses on vocational training. An amount of EUR 1,900 is also deductible to the taxable income for caring expenses for taxpayers or dependents with a permanent disability degree equal to or over 90% (severe disablement allowance). If the taxpayer has been injured or disabled while serving in the Armed Forces, his/her tax deduction rises up to EUR 2,375. Finally, 25% of the expenditure on retirement homes can be deducted to the taxable income with an overall limit of EUR 403.75. This deduction includes expenditures on home care, nursing homes and elderly support institutions for the taxpayers as well as the costs of homes for persons with disabilities, their dependents, ascendants and collateral relatives up to the third degree who do not have incomes above the minimum wage.

Links

Update date: Tue, 2017-09-05

D8. Retirement income

The Invalidity pension (Pensão de Invalidez) is paid to persons with disabilities of the general social security regime who are in a situation of permanent incapacity for work (not of work-related nature). Those who are not entitled to an Invalidity Pension and are not covered by any social protection system, but who are nevertheless deemed permanently incapable for work (due to non work-related impairments), can benefit from a Social Invalidity Pension (Pensão Social de Invalidez). The Invalidity Pension and the Social Invalidity Pension are suspended when the beneficiary reaches 65 years of age, being replaced by the Old Age Pension (or Social Old Age Pension). In the general regime, the Old Age Pension is paid to persons of 66 years and 3 months in 2017 (as amended in 2016 compared to 66 years in 2014-2015), and the amount varies according to the contributory career of the applicant. The Social Old Age Pension equals EUR 203.35 per month and is paid to people of 66 years and 3 months who are not covered by any compulsory social protection scheme and have monthly income equal or less than EUR 168.53 for a single person or EUR 252.79 for a married person. In addition, the beneficiaries of the Social Invalidity Pension (and the Social Old Age Pension) may get the Extraordinary Complement of Solidarity for Old People, which is EUR 35.06 per month for those aged 70 and over and EUR 17.54 below the age of 70. Pensioners also receive holiday contributions in July and December each year.

From 2011 to 2016 all cash benefits, including disability-related benefits, have been frozen, except minimum pensions which increased by 3% (Order 320-B/2011, of 30 December). In 2016, all pensions that were below or equal to EUR 628.82 were increased by up to 0,4% (according to Decree-Law 254-B/2015, of 31 December), including the Invalidity Pension and the Social Invalidity Pension. In addition, the Allowance for Assistance by Third person and the Disability Allowance has also slightly increased. In 2017, all the pensions and social benefits have again been updated. Another important change has been introduced by Law 159-B/2015 of 30 December that provides for the gradual elimination of the Extraordinary Solidarity Contribution which has been applied as a tax to Old Age pensions since 2011. The amount of this contribution was 7.5% for pensions between EUR 4,611.42 and EUR 7,126.74 per year and 20% for those over EUR 7,126.74 per year. In October 2016 this tax was eliminated. Disabled people who served in the military fall under a Special Retirement Regime. Decree Law 248/98, of 11 August, established a new incapacity degree, which entitles to special (more favourable) retirement conditions as well as to special (more favourable) taxation rules.

Links

Update date: Mon, 2017-08-28

E. Education

E1. Special schools

The new legislation on Inclusive Education introduced by Decree-Law 3/2008 of 7 January, and amended by Law 21/2008 of 12 May, led to the closure of special education schools and the mainstreaming of disabled children and young people into regular schools. According to this legal framework special education is organized around a 'diversity of models of integration’, providing every child with ‘the least restrictive environment’ as long as ‘from the modality of integration does not result segregation or exclusion of the child or youth with special needs' (Art. 4(6)). However, in situations, where the implementation of special education measures is insufficient, given the type and degree of the student’s disability, those who participate in the referral and assessment of the child (including parents) 'may suggest the attendance of a special school' (Art. 4(7)). Attendance at a special school is therefore seen by the law as the last resource, when inclusion in mainstream school fails. The parents according with Decree-Law 3/2008 of 7 January can contest placement in a special school and any other decision regarding the provision of educational supports to their children. When parents do not agree with the measures proposed by the school, including the decision to place the child in a special school, they may appeal the decision by submitting a written file to the Ministry of Education. No reference is made in the legislation, however, to the ability of children or young people to contest decisions made in relation to their own education.

Links

Update date: Wed, 2016-03-16

E2. Mainstream schools

The Portuguese State created in 2008 by Decree-Law 3/2008 of 7 January and Law 21/2008 of 12 May the inclusive education. The UN Committee on the Rights of Persons with Disabilities in its Concluding Observations on the initial report of Portugal considers these laws among the positive aspects of the Portuguese legal reforms. The aim of inclusive education is to integrate children and young people with special needs into public mainstream schools in order to promote their integration into the community. All public and publicly-funded private schools by the Ministry of Education are subject to the principle of non-discrimination on the grounds of disability and therefore cannot deny registration of disabled children and young people (and are required to provide education according to their needs). Once a child or a young person with disability is referred to a school, an assessment of the student is made by the department of special education and the psychology department of the school. This assessment should determine whether the child has, or has not got ’significant limitations at the level of activity and participation in one or various domains of life, resulting from functional or structural permanent impairments’ (Art. 1). The International Classification of Functioning, Disability and Health (ICF) provides the reference for the students' assessment. Parents are entitled to actively participate in the evaluation process of their children, but no reference is made in the law as to the participation or voice of the child/young person. The outcome of the assessment is a technical-pedagogical report that becomes the basis for the elaboration of the students' individual education plans (IEP). An IEP establishes the specific education and evaluation strategies that will be put in place for the student, the school subjects that will be covered, the general and specific goals that will be achieved, and the human and technical resources that will be needed, including special equipment and materials. Parents should sign the IEP as a means of expressing their agreement (Art. 9). At the end of every school year a report is produced stating the student’s achievements in relation to the Plan. This report must be signed by all participants in the education process, including the parents (Art.13). When the school does not have the human resources needed to implement the IEP, particularly if specialised professionals such as speech therapists, occupational therapists, psychologists, sign language interpreters and teachers are required, schools are entitled by law to hire them, 'under the regular legal and procedural terms' (Art.29). Schools are also encouraged to establish partnerships with private non-profit organizations and specialised resource centres in order to get these supports (CRIs). Education is free for all students until grade 9 so it is up to the Ministry of Education to provide the human and technical resources and materials necessary to guarantee the education of children, regardless their disabilities. Law 85/2009, of 27 August, extended compulsory education from 9 to 12 years entered into effect in the school year of 2012/13. Students with disabilities were also affected by this law. In 2015, Ordinance 201-C/2015, of 10 July, introduced the Individual Transition Plans (Planos Individuais de Transição – PIT) to promote the transition from school to the community for pupils with disabilities of 15 years of age or older who attend regular secondary schools (11-12 school years) and have IEP. The PIT aims to provide students with disabilities with the opportunities and skills needed for their inclusion and participation in all areas of adult life. Therefore it may include short-term placements in companies within the open labour market (2 or 3 days a week).

Links

Update date: Tue, 2017-05-09

E3. Sign language and Braille in school

Decree-Law 3/2008 of 7 January established the so-called 'reference schools' for deaf and/or blind or low vision students. These reference schools are public mainstream schools, which concentrate human and technical resources for the students to learn Braille or Sign Language from preschool to the end of compulsory education. Whether or not is located in their neighbourhood, deaf and/or blind or low vision students attend the closest reference school.

Links

Update date: Wed, 2016-03-16

E4. Vocational training

The National Employment and Vocational Training Institute (Instituto do Emprego e Formação Profissional, IEFP, I.P.) is the main organisation in Portugal that is responsible for the qualification and integration of people into the labour market as well as for the implementation of active measures to enhance the employability of persons with disabilities. The IEFP funds these programmes through ESF funds and the services are mostly delivered by a network of private non-profit vocational training centres. The IEFP in cooperation with these centres offers two main training schemes for people with disabilities:

  1. regular training available to all people, in which people with disabilities can also participate (although this happens in very few cases);
  2. training programmes targeted specifically to persons with disabilities.

The Employment and Support to the Qualification of Persons with Disabilities Programme (Programa de Emprego e Apoio à Qualificação das Pessoas com Deficiência e Incapacidade) was introduced by Decree-Law No. 290/2009, of 12 October, and amended through Law No. 23/2011, of 16 June, and Decree-Law No. 131/2013, of 11 September. The third (and latest amendment) was made by Decree-Law 108/2015, of June 17. According to Decree-Law 108/2015, of June 17 (Capitulo II, Articles 6-8) and Ordinance 8376-B/2015, of 30 July (as amended by Ordinance 9251/2016 of 20 July), this Programme aims the acquisition and development of the vocational skills needed to perform an activity in the open labour market. It may include initial training or continuing training programmes. The initial training programme is preceded by a general assessment of the future trainees’ needs and qualifications (skills) and may last from 2 900 to 3 600 hours depending on the level of an impairment of the trainee. The continuing training programme lasts 400 hours and is intended for those persons with disabilities (employed or unemployed) who have already participated in an initial training and want to raise their professional qualifications (or are required to do so by their employer). In addition, the Youth Guarantee Programme (PNI-GJ ou Guarantia Jovem) introduced through Resolution of the Council of Ministers 104/2013, of 19 December (Plano Nacional de Implementacao de Uma Garantia para a Juventude), has put forward a number of measures that simultaneously develop the qualifications and promote the employability of young people, especially those who are neither in employment nor in education (NEETs), as well as young people at risk of social exclusion and/or from marginalised communities (including youth with disabilities). The Youth Guarantee Initiative is also coordinated by the IEFP and covers a range of programmes in education (secondary and professional education courses), vocational training, internships and employment support programmes.

The overall prohibition of discrimination on the grounds of disability is regulated by the following legislation: The Framework Law on Prevention and Rehabilitation of Persons with Disabilities (Law 38/2004 of 18 August); and Anti-discrimination Law (Law 46/2006 of 26 August). These laws, and particularly the anti-discrimination law, prohibit direct and indirect forms of discrimination based on disability, beyond school age and therefore apply to vocational training programmes too. Decree-Law 13/2015, of 26 January, further recognized the general principle of non-discrimination in access to vocational rehabilitation and employment of vulnerable populations.

Links

Update date: Tue, 2017-05-09

E5. Higher education

Other than the Anti-Discrimination Act (Law 46/2006 of 28 August), which prohibits discrimination in all areas of social life, including education, Portuguese Universities are not subject to any legislation imposing duties in relation to students with disabilities. Nevertheless the legislation that regulates the national application process to higher education establishes a quota (of 2%) for students with physical and sensorial disabilities (Ordinance 197-B/2015). In order to benefit from this quota, disabled students must fulfil all the requirements of a regular applicant. In addition, they are required to fill out a special form and submit detailed medical evidence about their impairments to prove their disability. Reports discussing the students’ educational process, as well as the type and degree of success of the adjustments and adaptations that have been developed in previous school years are also required. A decision on whether the student is entitled to benefit from the quota is made on the basis of a paper analysis complemented, if deemed necessary, with interviews conducted by an evaluation committee (appointed by the Minister, on a joint proposal of the Directors of the Departments of Secondary and Higher Education). However, recent data have shown that the majority of students with disabilities enter higher education without using the quota. Whether or not a student with disabilities enrolls in university through the special quota, the support he/she will be provided with will depend on what is available in each institution. The Law on Higher Education Funding (Law 37/2003 of 22 August) in its paragraph 4, Article 20 states, nevertheless, that universities should consider 'providing specific supports for students with disabilities'. Accordingly, some universities develop guidelines for faculty and staff, set up Disabled Student Support Offices and provide accessible materials and equipment. In contrast, other universities have no support available to disabled students. Recently, a draft resolution (358/XIII/1ª) has been submitted to the Parliament that proposes to introduce new legislation to regulate the provision of individual support to students with disabilities in tertiary education. The government has also created a Working Group with several civil society participants to gather ideas and recommendations regarding support to students with disabilities in higher education and research. The State Budget for 2017, approved by Law 42/2016, of December 28 (Article 161), introduced a scholarship paid to new students since the academic year of 2017/2018 with an incapacity level equal to or over 60%, to cover the students’ university fee.

Links

Update date: Tue, 2017-05-09

F. Employment

F1. Non-discrimination in employment

The principle of non-discrimination in occupation and employment for people with disabilities is mostly promoted and enforced in Portugal through the Labour Code. The Labour Code, approved by Law 7/2009 of 12 February (including all the subsequent amendments), provides to any employee or job candidate the right not to be directly or indirectly discriminated against, based on several personal characteristics, including disability, reduced working capacity or chronic disease (Article 24(1)). This right applies to: a) recruitment, selection and hiring processes; b) access to vocational guidance, training and retraining; c) payment and other reward systems as well as career development or dismissal; and d) participation in collective bargaining structures. Employers are also required to post in the workplace, a list with the rights and duties related to equality and non-discrimination. Positive discrimination, in the form of timely limited legislative measures to benefit a discriminated group and correct a situation of inequality, is also allowed under Article 27. In a specific section dedicated to 'workers with disabilities or chronic diseases', the law states that these workers have the same rights and duties as all other ’regular’ workers, and affirms the duty of the State to stimulate and support employers in their hiring and professional rehabilitation (Article 85). Employers shall take all adequate measures to guarantee that these workers have the rights of getting access to a job and to be able to advance in a career, unless the costs involved are considered disproportionate (Article 86(1)). Considering that the State must support the employer within this process (Article 86(2)), the situation of disproportionate costs is not considered a plausible excuse whenever there is State aid available (Article 86(3)). Furthermore, workers with disabilities or chronic diseases are exempt from providing work in specially organised working schedules or during the night whenever this may be harmful for their health or safety (Article 87), and they shall also be exempt from overtime work (Article 88). In the subsection related to 'workers with reduced working capacity' the law states that employers must enable working conditions to these workers, namely by providing workplace adjustments, and promoting adequate vocational training and professional development (Article 84(1)). These accommodation measures must be supported by the State (Article 84(2)). The Anti-discrimination Law (Law 46/2006 of 28 August) dedicates the whole Article (Art. 5) to prevent discrimination in the workplace, restricting the principle of 'reasonable accommodation' to situations occurring in this realm. Under the Anti-discrimination Law, individual persons or disability organizations on their behalf, may submit complaints reporting situations of discrimination. However, the burden of proof remains with the plaintiff, who needs to substantiate his/her complaint. In order to promote the integration of persons with disabilities in the Public Administration, Decree-Law 29/2001, of 3 February, established a mandatory quota for public service external admissions: 5% of places should be reserved for persons with disabilities when the application process involves ten or more places; one place when it involves between three and nine places; and preference should be given to the candidate with disabilities before an equal ranking situation when application involves one or two places.

Links

Update date: Mon, 2017-08-28

F2. Public employment services

Through Decree-Law 290/2009 of 12 October (including its subsequent amendments: Law 24/2011, of June 16; Decree-Law 131/2013, of September 11, and Decree-Law 108/2015, of 17 June) the Portuguese Government created the Programme for Employment and Support of the Qualification of Persons with Disabilities (Programa de Emprego e Apoio à Qualificação das Pessoas com Deficiência e Incapacidade). The Institute for Employment and Vocational Training (IEFP, I.P.) in cooperation with its Vocational Training Centres that are private non-profit entities with expertise on working with people with disabilities and accredited by the IEFP as support structures, implement this Programme. The accredited Centres obtain funding from the IEFP to support the integration of persons with disabilities of all ages into the labour market. These Centres offer the following support services:

  1. Support for integration, reintegration and maintenance in the labour market (Apoios à integração, manutenção e reintegração no mercado de trabalho):
    • information, assessment and guidance to qualification and employment (Infomação, avaliação e orientação para qualificação);
    • support for integration into the workplace (apoio à colocação);
    • post-placement follow-up (acompanhamento pós-colocação);
    • workplace adjustments and removal of architectural barriers (apoio para adaptação de postos de trabalho).
  2. Traineeships and job placements in mainstream and sheltered employment
    • Employment traineeships (Estágios Emprego) – maximum 12 months;
    • Employment contract (Contrato-Emprego) – minimum 12 months for short-term contracts;
    • Insertion Employment Contract (Contrato-Emprego de Inserção (CEI) and CEI+) – maximum 12 months;
    • Supported employment in the open labour market (Emprego Apoiado) - maximum 36 months;
    • Sheltered employment in special supported employment centres (Emprego Protegido).

Most of these measures are in place since 2009, as regulated by Decree-Law 290/2009 , of 12 October; however, some are more recent, and were only introduced by Decree-Law 108/2015, of 17 June, as a third amendment to Decree-Law 290/2009, specifically:
  • The Inclusive Employer Brand (Marca Entidade Empregadora Inclusiva), which is a new measure, allocated as a public award (Prémio de Mérito) (Art. 1; Art. 79-81);
  • Job-placement assistance (apoio à colocação) which already existed but has been extended from 6 to a maximum of 12 months (Article 23, §1);
  • Post-placement follow-up services (acompanhamento pós –colocação) which already existed but have become also available to employees who acquired disabilities while working (Articles 25), and the duration of the service was extended from 24 up to 36 months for persons with disabilities participating in supported employment in the open labour market (Article 27);
  • Supported employment in the open labour market (emprego apoiado em mercado aberto) which now can involve persons with incapacity levels between 30% and 90% (instead of the previous 30% to 75%) (Articles 54-55).

In addition to these measures, a Network of Inclusion Service Centres (Rede de Balcões da Inclusão) has been launched in 2016 including eighteen offices in the regional departments of Social Security. These Centres provide information to persons with disabilities and their families related to social benefits, technical assistance as well as available employment and vocational training.

Links

Update date: Mon, 2017-08-28

F3. Workplace adaptations

Within the Portuguese legal framework reasonable accommodation is foreseen in relation to work and employment in the following legislation: Labour Code; Anti-discrimination Law 46/2006 and Decree-law 290/2009 amended by Decree-Law 108/2015, of 17 June. The Labour Code establishes the duty of 'reasonable accommodation' by stating in its Article 84 that employers 'should take appropriate measures to ensure access to employment and a career path to persons with disability and chronic disease, except if those measures impose a disproportionate burden'. The Anti-discrimination Law (Law 46/2006, of 28 August) considers discriminatory any actions of employers or recruitment agencies that restrict access of persons with disabilities to employment or result in termination of the employment contract (Art. 5). However, the law also states that the feasibility of the employer to undertake appropriate measures will be examined in every situation to determine if such measures impose a disproportionate burden on the employer.

To help employers with adaptation/accommodation costs, the IEFP provides funding through the Support Programme for Employment and Vocational Training of Persons with Disabilities (as regulated Decree-law 290/2009, amended by Decree-Law 108/2015). According to Decree-Law 108/2015, of 17 June (Sec. VI, Art. 33) the financial support for workplace adaptations is available both to public-sector and to private employers (except State administration), to compensate workplace adaptations, elimination of architectural barriers, wages and social security contributions if they employ persons with disabilities.

The IEFP Manual of 22 June 2015 clarifies the conditions for providing support for workplace adjustments and the removal of architectural barriers. This support can be provided to persons with disabilities in search of their first job and who are registered at Employment Centre or who are attending vocational training (initial and continuing – see E4 for details) and to workers who acquired disability during their professional life and need an adaptation in order to maintain their job. Funding, however, is not available for cases, in which the need for workplace adjustments results from a work-related accident or an occupational disease. The provision of post-placement support for persons with disabilities who participate in vocational training and qualification programmes may include (as regulated by Order 9251/2016, of 20 July, Chapter IV): adaptation or reorganisation of job tasks for a person with disabilities returning to work; social integration into the work environment; development of social and personal skills; support for accessibility (from 12 to 24 months, and up to 36 months for supported employment in the open labour market).

Links

Update date: Mon, 2017-08-28

F4. Financial incentives

There are some direct financial wage subsidies for employers who hire disabled people in the open labour market, and some assistance is also available with the provision of reasonable accommodations, as well as some exemptions in contributions for social security. According to Decree-Law 108/2015, of 17 June (Section V, Art. 57), employers providing Supported Employment in the open labour market can request co-funding of expenses with wages and social security contributions. In addition, given the high rate of unemployment in Portugal, the government has created the Youth Incentive Programme (Garantia Jovem) that allows a reduction of the social security contribution to employers who hire long-term unemployed youth, 18-30 years old, including youth with disabilities. As part of the Youth Incentive Programme, employers can also get financial support from The National Employment and Vocational Training Institute (IEFP, I.P.) to provide Employment Contracts (Contrato-Emprego) for young people, including youth with disabilities (as regulated by Ordinance 34/2017, of 18 January) or Professional traineeships – Estagios Emprego (as regulated by Ordinance 149-B/2014 of 24 July, and Order 9841-A/2014 of 30 July). For traineeships, the IEFP may cover up to 80% of the monthly stipend per participant, as well as meals, transportation and work insurance costs. In case the employer signs an employment contract with a person with disabilities, the financial assistance for Employment Contact measure increases up to 10% and equals EUR 4.171,07 for permanent employment contracts and EUR 1.390,36 for temporary contracts.

The IEFP provides financial support to purchase, adapt or repair specialised or commercially available devices, equipment or technical systems to prevent, compensate, or neutralise the activity limitations and participation restrictions in access to employment and/or during participation in vocational training programmes or needed for career progression (see IEFP Manual). Decree-Law 108/2015, of 17 June, (Section VI Adaptação de postos de trabalho e eliminação de barreiras arquitetónicas) regulates provision of financial assistance (usually in the form of a lump-sum subsidy) to public and private employers for making workplace adaptations for persons with disabilities who who are registered at the IEFP Employment Centres and attend vocational training (in the open labour market), are looking for their first job and are employed with a minimum one-year contract. This support cannot exceed 16 times of the IAS or EUR 6,741.12 (EUR 421.32 x 16) in 2017 (Social Support Index - IAS is EUR 421.32 in 2017) for each person with disability, and/or 50% of the total adaptation cost in case of maintenance of employment or elimination of architectural barriers. Decree-Law 108/2015, of 17 June (Art. 34), has extended this financial support for workplace adaptations to the public-sector (except State administration).

Links

Update date: Tue, 2017-09-05

G. Statistics and data collection

G1. Official research

The National Institute for Rehabilitation (INR, I.P.) is the official body responsible for research on disability equality and for the collection of data and statistics on disability (Decree-Law 217/2007 of 29 May and Order 641/2007 of 30 May). The INR, I.P. is a public body that operates under the tutelage of the Ministry of Solidarity and Social Security. The INR, I.P. worked with the national statistics agency (Instituto Nacional de Estatística, INE) to develop the questions about activity limitation that were included in the 2011 Census, endorsed by the Washington Group questions on disability. In addition, occasionally the INR, I.P. commissions independent research on disability issues. The most recent studies date from 2010 and have focused on the costs of disability, as well as on the discrimination of women with disabilities. Final reports are available from these studies.

Links

Update date: Wed, 2016-03-16

G2. Census data

Every ten years the National Institute for Statistics (INE) carries out the Portuguese Census. In 2001 the Census included for the first time questions about disability. The data collected is accessible to the wider public via the INE website and has been discussed in a paper published in the Institute journal, Demografia. A new set of questions was developed in the Census conducted in 2011 to address disability concerns. These new questions were based on the Washington Group on Disability Statistics methodology. The aim was to evaluate the degree of difficulty that people experience in everyday life 'as an outcome of their health status or aging'. The following questions were asked: Do you have difficulty seeing, even if using glasses or contact lenses?; Do you have difficulty hearing, even if using a hearing aid?; Do you have difficulty walking or climbing stairs?; Do you have difficulty remembering or concentrating?; Do you have difficulty bathing or dressing yourself?; Do you have difficulty understanding others or making yourself understood? For each question, the following options were presented: A. No difficulty or just a little; B. A lot of difficulty; C. Cannot do at all. The National Statistics Institute (INE) issued, in December 2012, a brochure entitled 'Health and Incapacities in Portugal in 2011', which provides a summary of the results of the ad hoc module of the Labour Force Survey on Persons with Disabilities, held in the second quarter of 2011, and the results of the 2011 Census.

Links

Update date: Wed, 2016-03-16

G3. Labour Force Survey

The National Institute of Statistics (INE) carries out every three months the Labour Force Survey (LFS). Persons with disabilities have not been identified in the survey. Nevertheless, in 2002 the data about disabled people were included in a special module. This happened again in the module that accompanied the application of the LFS in the second trimester of 2011. The module Employment of Persons with Disabilities 2011 (EPD 2011) targeted persons with disabilities aged 15-64, living in Portugal. The aim of the module was to provide information about the situation of persons with disabilities in the labour market, compared with that of persons without disabilities. Persons living in collective accommodation such as hotels, pensions and institutions, and individuals living in mobile homes were excluded from this survey. The EPD 2011 module included 11 indicators to describe the main long-term health problems, the main activity limitations and the limitations and special needs that result from them: four indicators to identify the two major health problems and the two major difficulties in daily life activities (19 questions); three indicators to evaluate the association between health problems and difficulties in daily life activities and limitations in the work schedule, the work tasks and transportation to and from work (12 questions); three indicators to determine needs for assistance with health problems or with daily life activities (three questions); and one indicator to identify the main causes of limitations in work abilities (ten questions). A summary of the results obtained with the ad hoc module of the LFS on persons with disabilities, held on the second quarter of 2011, as well as the results of the 2011 Census, was provided in a brochure entitled 'Health and Incapacities in Portugal in 2011', published by the National Statistics Institute (INE) in December 2012.

Links

Update date: Wed, 2016-03-16

G4. Disability equality indicators

The National Institute for Rehabilitation (INR, I.P.) is the official body responsible for developing disability equality indicators in Portugal. However, there is no evidence that these data have been developed by this Institute. The Disability and Human Rights Observatory (ODDH, School of Social and Political Sciences, University of Lisbon) carried out in 2014 an evaluation study on the rights of persons with disabilities in Portugal. The study was funded by the National Foundation for Science and Technology (FCT).

Links

Update date: Wed, 2016-03-16

H. Awareness and external action

H1. Awareness raising programs

According to Decree-Law 217/2007 of 29 May, the National Institute of Rehabilitation (INR, I.P.) is the public body responsible for promoting and raising disability awareness activities. Every year the INR funds disabled people’s organisations to promote awareness raising activities. The INR is also responsible for raising awareness and providing information about accessible tourism, leisure and sport.

In addition, the Programme for Social Inclusion and Employment (Programa Operacional da Inclusão Social e Emprego – PO ISE) has been adopted in line with the Europe 2020 Strategy and the National Reform Programme (NRP) that also targets raising social awareness and providing special training for public servants and other staff about discrimination.

The School of Social and Political Sciences of the University of Lisbon established within the undergraduate programme in Social Work a new course on Social Work and the Human Rights of Persons with Disabilities. The course entered into force in the school year 2015/16.

Links

Update date: Wed, 2016-03-16

H2. Training for teachers

Since the enactment of Decree-Law 3/2008 of 7 January on Inclusive Education, a number of training programmes started to become available for teachers in this area. Currently, the following options are available to raise awareness of teachers about inclusive education: optional units about special education in some initial teacher training programmes; Postgraduate Diplomas, Master's and PhDs programmes and specialised programmes in special education and early intervention as well as the possibility of developing research, theses and academic work on the topic of special education. The National Institute for Rehabilitation (INR, I.P.) offers every year a number of short training programmes on disability awareness and equality issues that are available to professionals in all areas of work. In addition, the network of the ICT Resource Centres for Special Education (CRTIC) has been created that provide the assessment of students for the purpose of aligning the assistive technologies to their needs, information / training of teachers, professionals, teaching assistants and families about the problems associated with different domains of disability.

Links

Update date: Wed, 2016-03-16

H3. Training for lawyers

The subject of the human rights of persons with disabilities is included in Human Rights Courses by some higher educational institutions (e.g. the School for Social and Political Sciences of Technical University of Lisbon). The only initiative that we are aware of in this domain has been the post-graduate diploma on the topic of Law and the Rights of Persons with Disabilities, launched by the Law School of the University of Lisbon in 2009/2010. This specialised training programme was undertaken in collaboration with a disability organisation - LIGA Foundation. Additionally, the Portuguese Bar Association (Ordem dos Advogados) has established an agreement with the Portuguese Association of Persons with Disabilities that envisages information sharing about the rights of persons with disabilities, including participation in different events and publication of information online (Cl. 2,3). Furthermore, both parties are obliged to provide trainings about the rights of persons with disabilities and share training materials (Cl. 4).Another initiative that can be mentioned here is the training offered by the Centre for Judicial Studies, Lisbon, (Centro de Estudos Judiciários) on the Rights of Persons with Disabilities (A25) available to judges / and magistrates / prosecutors and other professionals in this area. For instance, on 19 June 2015 this Centre conducted the training on The Right to Employment, one of presentation of which was about the protection of persons with chronic illness and disability from dismissal. The National Institute for Rehabilitation (INR) offers every year a number of short training programmes on disability awareness and equality issues that are available to professionals in all areas of work.

Links

Update date: Tue, 2017-05-09

H4. Training for doctors

The New Code of Ethics of the Medical Association contains special provisions that are directly relevant for persons with disabilities notably: article 6 presents the principle of non-discrimination; article 52 calls special attention towards the elderly and the disabled; and article 53 reminds doctors of their special attention duties in case they suspect of abuse, mistreatment or harassment of an elderly or disabled person. The National Institute for Rehabilitation (INR) offers every year a number of short training programmes on disability awareness and equality issues that are available to professionals in all areas of work.

Links

Update date: Wed, 2016-03-16

H5. Training for engineers

The National Institute for Rehabilitation (INR, I.P.) regularly offers short training courses on accessibility for engineers, architects, designers, etc. The University of Trás-os-Montes e Alto Douro has created a bachelor degree in Rehabilitation Engineering and Human Accessibility. The website: 'Rehabilitation Engineering' (Engenharia de Reabilitação) was created to promote in Portugal the Rehabilitation Engineering degree and the university education in this area. In addition, a disability organisation, the LIGA Foundation, has offered several trainings, namely the Postgraduate Diploma on Design for Diversity, in 2007, in partnership with University of Lisbon.

Links

Update date: Thu, 2016-06-09

H6. International development aid

Disability is a topic identified in the bilateral agreements that the Portuguese government has signed with the following states: Spain, Algeria and Cape Verde. These agreements focus on cooperation and exchange of information on a variety of themes, including that of disability. The Resolution of the Council of Ministers 17/2014 approves the Strategic Concept of the Portuguese Cooperation 2014-2020 (Conceito Estratégico da Cooperação Portuguesa) that regulates the cooperation of Portugal with Portuguese-speaking African countries and East-Timor. One of the goals of this Strategy is to support and promote projects to combat poverty among vulnerable groups such as children, elderly, and disabled people.

Links

Update date: Wed, 2016-03-16

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                )

            [18] => stdClass Object
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                    [id] => 22
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                    [level] => 2
                    [slug] => lithuania
                    [title] => Lithuania
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 21
                    [state] => 1
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                    [checked_out] => 0
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                )

            [19] => stdClass Object
                (
                    [id] => 23
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                    [lft] => 38
                    [rgt] => 39
                    [level] => 2
                    [slug] => luxembourg
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 22
                    [state] => 1
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                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                )

            [20] => stdClass Object
                (
                    [id] => 24
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                    [level] => 2
                    [slug] => malta
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 23
                    [state] => 1
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            [21] => stdClass Object
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                    [id] => 25
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                    [level] => 2
                    [slug] => netherlands
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 24
                    [state] => 1
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                    [checked_out] => 0
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                )

            [22] => stdClass Object
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                    [id] => 26
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                    [level] => 2
                    [slug] => poland
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 25
                    [state] => 1
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                    [checked_out] => 0
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                )

            [23] => stdClass Object
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                    [id] => 27
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                    [level] => 2
                    [slug] => portugal
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 26
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                )

            [24] => stdClass Object
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                    [id] => 28
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                    [level] => 2
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 27
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                )

            [25] => stdClass Object
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                    [level] => 2
                    [slug] => slovakia
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 28
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            [26] => stdClass Object
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                    [id] => 30
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                    [level] => 2
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 29
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            [27] => stdClass Object
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                    [id] => 31
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                    [level] => 2
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                    [alias] => 
                    [access] => 0
                    [path] => 
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            [28] => stdClass Object
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                    [id] => 32
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                    [level] => 2
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                    [alias] => 
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                    [path] => 
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            [29] => stdClass Object
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                    [id] => 33
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                    [level] => 2
                    [slug] => united-kingdom
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                    [alias] => 
                    [access] => 0
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            [30] => stdClass Object
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                    [level] => 1
                    [slug] => candidate-acceding-countries
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                    [access] => 0
                    [path] => 
                    [ordering] => 3
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            [31] => stdClass Object
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                    [access] => 0
                    [path] => 
                    [ordering] => 33
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                )

            [32] => stdClass Object
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                    [access] => 0
                    [path] => 
                    [ordering] => 35
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                    [level] => 2
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            [34] => stdClass Object
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                    [level] => 2
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                    [alias] => 
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                    [level] => 1
                    [slug] => other-european-countries
                    [title] => Other European countries
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                    [access] => 0
                    [path] => 
                    [ordering] => 4
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                    [level] => 2
                    [slug] => iceland
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                    [access] => 0
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            [37] => stdClass Object
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                    [level] => 2
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 38
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            [38] => stdClass Object
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                    [slug] => norway
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                    [access] => 0
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        )

    [themes] => Array
        (
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                    [level] => 1
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                    [access] => 0
                    [path] => 
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                    [checked_out_time] => 2016-07-01 12:00:00
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                    [level] => 2
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                    [access] => 0
                    [path] => 
                    [ordering] => 2
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                    [level] => 2
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                    [access] => 0
                    [path] => 
                    [ordering] => 3
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                    [checked_out] => 0
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            [3] => stdClass Object
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                    [level] => 2
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                    [access] => 0
                    [path] => 
                    [ordering] => 4
                    [state] => 1
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                    [checked_out] => 0
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            [4] => stdClass Object
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                    [level] => 2
                    [slug] => a4-comprehensive-review
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                    [access] => 0
                    [path] => 
                    [ordering] => 5
                    [state] => 1
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                    [checked_out] => 0
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            [5] => stdClass Object
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                    [level] => 2
                    [slug] => a5-focal-point
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                    [access] => 0
                    [path] => 
                    [ordering] => 6
                    [state] => 1
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                    [checked_out] => 0
                    [checked_out_time] => 0000-00-00 00:00:00
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            [6] => stdClass Object
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                    [id] => 8
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                    [level] => 2
                    [slug] => a6-coordination-mechanism
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                    [access] => 0
                    [path] => 
                    [ordering] => 7
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                    [checked_out] => 0
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            [7] => stdClass Object
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                    [level] => 2
                    [slug] => a7-independent-mechanism
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                    [access] => 0
                    [path] => 
                    [ordering] => 8
                    [state] => 1
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                    [checked_out] => 0
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            [8] => stdClass Object
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                    [id] => 10
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                    [level] => 2
                    [slug] => a8-official-reporting
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                    [access] => 0
                    [path] => 
                    [ordering] => 9
                    [state] => 1
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                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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            [9] => stdClass Object
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                    [rgt] => 19
                    [level] => 2
                    [slug] => a9-shadow-reporting
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 10
                    [state] => 1
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                    [checked_out] => 0
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            [10] => stdClass Object
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                    [level] => 1
                    [slug] => b-general-legal-framework
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 11
                    [state] => 1
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                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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            [11] => stdClass Object
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                    [rgt] => 23
                    [level] => 2
                    [slug] => b1-anti-discrimination-legislation
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                    [access] => 0
                    [path] => 
                    [ordering] => 12
                    [state] => 1
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                    [checked_out] => 0
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            [12] => stdClass Object
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                    [lft] => 24
                    [rgt] => 25
                    [level] => 2
                    [slug] => b2-recognition-of-legal-capacity
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 13
                    [state] => 1
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                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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            [13] => stdClass Object
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                    [lft] => 26
                    [rgt] => 27
                    [level] => 2
                    [slug] => b3-accessibility-of-voting-and-elections
                    [title] => B3. Accessibility of voting and elections
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 14
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
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            [14] => stdClass Object
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                    [id] => 16
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                    [lft] => 28
                    [rgt] => 29
                    [level] => 2
                    [slug] => b4-official-recognition-of-sign-language
                    [title] => B4. Official recognition of sign language
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 15
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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            [15] => stdClass Object
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                    [id] => 17
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                    [lft] => 30
                    [rgt] => 31
                    [level] => 2
                    [slug] => b5-national-disability-strategy-and-action-plan
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 16
                    [state] => 1
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                    [checked_out] => 0
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                )

            [16] => stdClass Object
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                    [id] => 18
                    [parent_id] => 1
                    [lft] => 33
                    [rgt] => 40
                    [level] => 1
                    [slug] => c-accessibility
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 17
                    [state] => 1
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                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                )

            [17] => stdClass Object
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                    [id] => 19
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                    [lft] => 34
                    [rgt] => 35
                    [level] => 2
                    [slug] => c1-transport-accessibility
                    [title] => C1. Transport accessibility
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 18
                    [state] => 1
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                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                )

            [18] => stdClass Object
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                    [id] => 20
                    [parent_id] => 18
                    [lft] => 36
                    [rgt] => 37
                    [level] => 2
                    [slug] => c2-built-environment-accessibility
                    [title] => C2. Built environment accessibility
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 19
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                )

            [19] => stdClass Object
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                    [id] => 21
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                    [lft] => 38
                    [rgt] => 39
                    [level] => 2
                    [slug] => c3-ict-and-web-accessibility
                    [title] => C3. ICT and Web accessibility
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 20
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                )

            [20] => stdClass Object
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                    [id] => 22
                    [parent_id] => 1
                    [lft] => 41
                    [rgt] => 58
                    [level] => 1
                    [slug] => d-independent-living
                    [title] => D. Independent living
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 21
                    [state] => 1
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                    [slug] => f3-workplace-adaptations
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                    [access] => 0
                    [path] => 
                    [ordering] => 39
                    [state] => 1
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                    [slug] => f4-financial-incentives
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                    [access] => 0
                    [path] => 
                    [ordering] => 40
                    [state] => 1
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                    [access] => 0
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                    [ordering] => 41
                    [state] => 1
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                    [slug] => g1-official-research
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                    [access] => 0
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                    [ordering] => 42
                    [state] => 1
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                    [level] => 2
                    [slug] => g2-census-data
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                    [access] => 0
                    [path] => 
                    [ordering] => 43
                    [state] => 1
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                    [slug] => g3-labour-force-survey
                    [title] => G3. Labour Force Survey
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 44
                    [state] => 1
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                    [checked_out_time] => 2016-07-01 12:00:00
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                    [slug] => g4-disability-equality-indicators
                    [title] => G4. Disability equality indicators
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                    [access] => 0
                    [path] => 
                    [ordering] => 45
                    [state] => 1
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                    [checked_out_time] => 2016-07-01 12:00:00
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                    [slug] => h-awareness-and-external-action
                    [title] => H. Awareness and external action
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                    [access] => 0
                    [path] => 
                    [ordering] => 46
                    [state] => 1
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            [46] => stdClass Object
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                    [lft] => 92
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                    [slug] => h1-awareness-raising-programs
                    [title] => H1. Awareness raising programs
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                    [access] => 0
                    [path] => 
                    [ordering] => 47
                    [state] => 1
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                    [slug] => h2-training-for-teachers
                    [title] => H2. Training for teachers
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                    [access] => 0
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                    [ordering] => 48
                    [state] => 1
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                    [checked_out_time] => 2016-07-01 12:00:00
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                    [slug] => h3-training-for-lawyers
                    [title] => H3. Training for lawyers
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                    [access] => 0
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                    [ordering] => 49
                    [state] => 1
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                    [slug] => h4-training-for-doctors
                    [title] => H4. Training for doctors
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                    [access] => 0
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                    [slug] => h5-training-for-engineers
                    [title] => H5. Training for engineers
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 51
                    [state] => 1
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                    [slug] => h6-international-development-aid
                    [title] => H6. International development aid
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                    [access] => 0
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                    [state] => 1
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                    [checked_out_time] => 2016-07-01 12:00:00
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        )

    [results] => Array
        (
            [27] => stdClass Object
                (
                    [parent] => EU Member States
                    [location] => Portugal
                    [location_id] => 27
                    [location_slug] => portugal
                    [themes] => Array
                        (
                            [3] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A1. Ratification or conclusion of the UN Convention
                                    [theme_slug] => a1-ratification-or-conclusion-of-the-un-convention
                                    [theme_id] => 3
                                    [contents] => The President of the Portuguese Republic ratified the UNCRPD on the 15 July 2009 through Decree 71/2009 published in the official journal on 30 July 2009. The ratification followed approval by the Portuguese Parliament, through Resolution 56/2009 of 7 May, also published in the official journal on 30 July 2009. The ratification deed was deposited by the Secretary-General of the United Nations on 23 September 2009 and therefore, in accordance with Art. 45(2), the Convention entered into force in Portugal on the 23 October 2009.
                                    [update_date] => 2017-05-09 13:30:26
                                    [links] => Array
                                        (
                                            [0] => stdClass Object
                                                (
                                                    [title] => UN Depositary Notification (C.N.595.2009.TREATIES-30)
                                                    [url] => https://treaties.un.org/doc/Publication/CN/2009/CN.595.2009-Eng.pdf
                                                )

                                            [1] => stdClass Object
                                                (
                                                    [title] => INR, Status of the Convention on the Rights of Persons with Disabilities
                                                    [url] => http://www.inr.pt/content/1/830/convencao-sobre-os-direitos-das-pessoas-com-deficiencia-publicacao-oficial
                                                )

                                        )

                                )

                            [4] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A2. Ratification or accession to the Optional Protocol
                                    [theme_slug] => a2-ratification-or-accession-to-the-optional-protocol
                                    [theme_id] => 4
                                    [contents] => The President of the Portuguese Republic ratified the Optional Protocol on 15 July 2009 through Decree 72/2009 published in the official journal on 30 July 2009. The ratification followed approval by the Portuguese Parliament, through Resolution 57/2009 of 7 May, also published in the official journal on 30 July 2009. The ratification deed was deposited by the Secretary-General of the United Nations on 23 September 2009 and therefore, in accordance with Art. 13(2), the Optional Protocol entered into force in Portugal on the 23 October 2009.
                                    [update_date] => 2016-03-15 11:42:20
                                    [links] => Array
                                        (
                                            [0] => stdClass Object
                                                (
                                                    [title] => UN Depositary Notification (C.N.596.2009.TREATIES-22)
                                                    [url] => https://treaties.un.org/doc/Publication/CN/2009/CN.596.2009-Eng.pdf
                                                )

                                            [1] => stdClass Object
                                                (
                                                    [title] => INR, Status of the Convention on the Rights of Persons with Disabilities
                                                    [url] => http://www.inr.pt/content/1/830/convencao-sobre-os-direitos-das-pessoas-com-deficiencia-publicacao-oficial
                                                )

                                        )

                                )

                            [5] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A3. Declarations, Reservations and Objections
                                    [theme_slug] => a3-declarations-reservations-and-objections
                                    [theme_id] => 5
                                    [contents] => Portugal has not presented any declarations, reservations or objections in relation to the UNCRPD and Optional Protocol.
                                    [update_date] => 2012-12-06 17:36:03
                                    [links] => Array
                                        (
                                        )

                                )

                            [6] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A4. Comprehensive review
                                    [theme_slug] => a4-comprehensive-review
                                    [theme_id] => 6
                                    [contents] => No comprehensive review of existing legislation has been conducted by the Portuguese government in preparation to the implementation of the Convention.
                                    [update_date] => 2012-12-06 17:37:01
                                    [links] => Array
                                        (
                                            [0] => stdClass Object
                                                (
                                                    [title] => Fourth Disability High Level Group Report on the Implementation of the UNCRPD
                                                    [url] => http://ec.europa.eu/social/BlobServlet?docId=6851&langId=en
                                                )

                                        )

                                )

                            [7] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A5. Focal point
                                    [theme_slug] => a5-focal-point
                                    [theme_id] => 7
                                    [contents] => According to the Resolution of the Council of Ministers 68/2014 dated of 21 November (Art. 1), the Government appointed the Directorate General of Foreign Policy of the Ministry of Foreign Affairs (Direção-Geral de Política Externa do Ministério dos Negócios Estrangeiros (MNE)) and the Office of Strategy and Planning of the Ministry of Solidarity, Employment and Social Security (Gabinete de Estratégia e Planeamento do Ministério da Solidariedade, Emprego e Segurança Social (MSESS)) as contact points for matters related to the implementation of the Convention.
                                    [update_date] => 2016-11-22 16:04:34
                                    [links] => Array
                                        (
                                            [0] => stdClass Object
                                                (
                                                    [title] => The Resolution of the Council of Ministers 68/2014 of 21 November
                                                    [url] => https://dre.pt/application/file/58990777
                                                )

                                            [1] => stdClass Object
                                                (
                                                    [title] => Ministry of Foreign Affairs
                                                    [url] => https://www.portaldocidadao.pt/pt/web/direcao-geral-de-politica-externa/direcao-geral-de-politica-externa
                                                )

                                            [2] => stdClass Object
                                                (
                                                    [title] => Ministry of Solidarity, Employment and Social Security
                                                    [url] => http://www.sg.msss.pt/contactos.asp?contem3=1&sigla=GEP&ordenar=codigo&pesq=1
                                                )

                                        )

                                )

                            [8] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A6. Coordination mechanism
                                    [theme_slug] => a6-coordination-mechanism
                                    [theme_id] => 8
                                    [contents] => According to the Resolution of the Council of Ministers 68/2014 of 21 November, the Government appointed the National Institute for Rehabilitation (INR, I.P.) as the national coordination mechanism within the Government (MSESS) to promote necessary actions for the implementation of the Convention. Annually, after the anti-discrimination law (Law 46/2006) came into force, the INR, I.P. elaborates a report that analyses the complaints based on this law (the latest is of 2015). The complaint procedure is also available online on the INR's website.
                                    [update_date] => 2017-05-09 13:36:56
                                    [links] => Array
                                        (
                                            [0] => stdClass Object
                                                (
                                                    [title] => National Institute for Rehabilitation (INR, I.P.), Mission and Values
                                                    [url] => http://www.inr.pt/content/1/1188/missao-visao-valores
                                                )

                                            [1] => stdClass Object
                                                (
                                                    [title] => The Resolution of the Council of Ministers 68/2014, of 21 November
                                                    [url] => https://dre.pt/application/file/58990777
                                                )

                                            [2] => stdClass Object
                                                (
                                                    [title] => INR, I.P. (reports 2007-2015)
                                                    [url] => http://www.inr.pt/content/1/1185/lei-da-nao-discriminacao
                                                )

                                            [3] => stdClass Object
                                                (
                                                    [title] => Law 46/2006 (anti-discrimination law)
                                                    [url] => http://www.inr.pt/bibliopac/diplomas/lei_46_2006.htm
                                                )

                                        )

                                )

                            [9] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A7. Independent mechanism
                                    [theme_slug] => a7-independent-mechanism
                                    [theme_id] => 9
                                    [contents] => The Resolution of the Council of Ministers 68/2014 of 21 November defined the national mechanism for monitoring the implementation of the UN CRPD as composed of ten members, including representatives of public entities and of civil society organisations from all areas of disability and academic experts in the field:
  1. a representative from the Parliament (Assembleia da República);
  2. the Ombudsman (Provedor de Justiça);
  3. a representative from the National Human Rights Committee (Comissão Nacional para os Direitos Humanos);
  4. a representative from the National Disability Committee (Comissão Nacional para a Deficiência);
  5. five representatives from disability organisations (representing the areas of physical, intellectual, sensorial (both deafness and blindness) and organic impairments; and # a recognised expert from the academia.

However, the appointments are still in process and therefore the mechanism is not fully in place. The process of appointment of the members to the Mechanism was lengthy and complex and only in December 2016 the Mechanism held its first meeting to elect the Chair. [update_date] => 2017-05-09 13:41:28 [links] => Array ( [0] => stdClass Object ( [title] => Initial Report of Portugal on the implementation of the CRPD [url] => http://www.inr.pt/uploads/docs/direitosfundamentais/convencao/Relatorio%20inicial%20de%20Portugal%20sobre%20a%20implementacao%20da%20CDPD_%2007_08_2012.pdf ) [1] => stdClass Object ( [title] => The Resolution of the Council of Ministers 68/2014 of 21 November [url] => https://dre.pt/application/file/58990777 ) ) ) [10] => stdClass Object ( [parent] => A. UN Convention status [theme_title] => A8. Official reporting [theme_slug] => a8-official-reporting [theme_id] => 10 [contents] => Portugal presented the first report on the implementation of the CRPD on 8 August 2012 (due in October 2011). A Working Group of the National Human Rights Committee prepared the Portuguese initial report for the UN Committee on the Rights of Persons with Disabilities, and the Committee held a consultation meeting with civil society on 29 February 2012, which included the participation of Organizations of Persons with Disability. Comments and inputs from civil society were gathered at that meeting. The UN Committee on the Rights of Persons with Disabilities has released the List of Issues prepared on 17 August 2015 in Geneva during the XIV Session of the CRPD Committee that the Portuguese State had to respond to in writing. The 'Constructive Dialogue' between the Portuguese State and the CRPD Committee took place on 29 and 30 March 2016 during the XV Session of the Committee on the Rights of Persons with Disabilities (from 29 March to 21 April 2016). The UN Committee on the Rights of Persons with Disabilities released the ‘Concluding Observations on the Initial Report of Portugal’ related to the implementation of the Convention on the Rights of Persons with Disabilities in Portugal. [update_date] => 2017-05-09 13:43:10 [links] => Array ( [0] => stdClass Object ( [title] => Portuguese State initial report to the UN Committee [url] => http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=4&CountryID=139&DocTypeID=29 ) [1] => stdClass Object ( [title] => Link to all UN reporting cycle documentation [url] => http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=4&CountryID=139 ) [2] => stdClass Object ( [title] => CRPD - Convention on the Rights of Persons with Disabilities, XIV Session (17 August 2015 - 04 September 2015) [url] => http://tbinternet.ohchr.org/_layouts/treatybodyexternal/SessionDetails1.aspx?SessionID=995&Lang=en ) [3] => stdClass Object ( [title] => XV Session (29 March 2016 - 21 April 2015) [url] => http://tbinternet.ohchr.org/_layouts/treatybodyexternal/SessionDetails1.aspx?SessionID=1050&Lang=en ) ) ) [11] => stdClass Object ( [parent] => A. UN Convention status [theme_title] => A9. Shadow reporting [theme_slug] => a9-shadow-reporting [theme_id] => 11 [contents] => The Disability and Human Rights Observatory (ODDH) and the disabled people’s organisations that constitute its Advisory Board, representing altogether 182 Disabled People’s Organisations (DPOs), submitted the Parallel Report on the Monitoring of the Rights of Persons with Disabilities in June 2015 to the UN Committee on the Rights of Persons with Disabilities. A Response to the List of Issues was also submitted by the Observatory to the Committee on the Rights of Persons with Disabilities in January 2016. [update_date] => 2017-05-09 13:44:35 [links] => Array ( [0] => stdClass Object ( [title] => Civil society reports to the UN Committee [url] => http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=4&CountryID=139&DocTypeID=14 ) [1] => stdClass Object ( [title] => The Disability and Human Rights Observatory (ODDH), The 'Parallel Report' on the Monitoring of the Rights of Persons with Disabilities [url] => http://oddh.iscsp.utl.pt/index.php/en/training-programmes/parallel-report ) [2] => stdClass Object ( [title] => A Response to the List of Issues [url] => http://oddh.iscsp.utl.pt/index.php/en/2013-04-24-13-36-12/publications-of-oddh-researchers/item/248-responses-to-the-list-of-issues ) ) ) [13] => stdClass Object ( [parent] => B. General legal framework [theme_title] => B1. Anti-discrimination legislation [theme_slug] => b1-anti-discrimination-legislation [theme_id] => 13 [contents] => The right to non-discrimination is established for all citizens in the 1976 Constitution (and subsequent revisions including the most recent one in 2005). Although Article 13 of the Constitution does not specifically mention disability as a ground for discrimination, the list of grounds presented is not meant to be exhaustive and therefore the clause is usually interpreted as also including disability. Prohibition of discrimination on the basis of disability has been more recently re-enacted in two key legal documents: the 2004 Disability Act (Law 38/2004 of 18 August) and the 2006 Anti-discrimination Law (Law 46/2006 of 28 August). Both pieces of legislation prohibit direct and indirect forms of disability-based discrimination and put forward the principle of affirmative action or positive discrimination, as a way to compensate for structural inequalities facing persons with disabilities. The Anti-discrimination law defines what constitutes discriminatory practices (Art. 4). These include, among others, the denial or imposition of limitations in the provision of goods and services, including in access to credit and insurance, to the built environment, to sign language, to education, healthcare and information technologies. However, the specific rights and particular vulnerabilities of disabled women and children with disabilities are not mentioned in any of these laws, nor is it anywhere recognised that they might be subject to multiple discrimination. Hence, no specific measures are envisioned for them. [update_date] => 2016-06-07 15:40:56 [links] => Array ( [0] => stdClass Object ( [title] => The Portuguese Constitution [url] => http://www.parlamento.pt/Legislacao/Documents/constpt2005.pdf ) [1] => stdClass Object ( [title] => Anti-Discrimination Law [url] => http://www.inr.pt/bibliopac/diplomas/lei_46_2006.htm ) [2] => stdClass Object ( [title] => Disability Act [url] => http://www.inr.pt/bibliopac/diplomas/lei_38_2004.htm ) ) ) [14] => stdClass Object ( [parent] => B. General legal framework [theme_title] => B2. Recognition of legal capacity [theme_slug] => b2-recognition-of-legal-capacity [theme_id] => 14 [contents] => Legal capacity is defined in the Portuguese law as the ability to enter a legal relationship (Civil Code, Art. 67). The majority of Portuguese citizens acquire legal capacity when they reach 18 years old (Civil Code Art. 130). The Civil Code, however, defines two ways in which legal capacity can be limited or suppressed; they are the regimes of inabilitation (inabilitação) and interdiction (interdição).

The regime of interdiction implies a severe containment to the exercise of rights. Regardless of their age, persons who are subjected to this regime remain in the status of minors, for instance, they cannot exercise the right to vote, and if interdiction is ascribed on the basis of a ’mental anomaly’ they are prevented from exercising paternity and testifying in court, and although they can marry, the marriage can be declared null. According to the law, persons with ’mental anomalies, deaf-muteness and blindness, who show inability to govern their lives‘ can be assigned the status of interdiction (art 138(1)). The Court assigns the status of interdiction on the basis of a legal request (by a parent, the spouse, a child, the curator or the public attorney), a medical assessment of the individual, and statements of family members, friends, neighbours and others close to the person. Once the status of interdiction is assigned, a Tutor is designated. The Tutor is usually a family member (e.g. parent, spouse, eldest child) but if a family member is lacking, a professional (e.g. the director of a service provider organisation) may also be designated as a Tutor. A Pro-Tutor is further designated to supervise the Tutor. The Tutor should act as a ’good parent’ and provide for the well-being, health and education of the person who is under his/her guard. Tutors are obliged to request permission from the Court in order to perform certain acts (e.g. buy and sell property, accept inheritances, submit claims).

The regime of inabilitation, in turn, implies the suppression of the right to manage one's own property. It is also assigned by a Court, on the basis of a legal request and a medical assessment. Persons whose 'mental anomalies, deaf-muteness and blindness are not so severe to justify their interdiction', as well as persons who systematically incur in ’unjustified and ruinous expenses’ or are addicted to alcohol or drugs may be assigned the status of inabilitation (Art. 152). A Curator is designated to assist the person in all acts related to property, or even to act on his/her behalf. In this latter case, a Family Council (composed of family members, neighbours, friends and others) is set in place, and a representative is nominated to supervise the acts of the Curator.

Recently, the revision of the Civil Code has been considered a priority in order to reformulate the systems of full and partial guardianship (through the Resolution of the Council of Ministers 63/2015, 25 August), and a bill for modifying these systems was introduced (Bill 61/XIII). However, this matter is still in public debate, and no alteration to the Civil Code has yet been done. [update_date] => 2017-05-09 13:48:22 [links] => Array ( [0] => stdClass Object ( [title] => Regimes of Interdiction and Inabilitation [url] => http://www.inr.pt/content/1/71/regimes-interdicao-inabilitacao-tutela ) [1] => stdClass Object ( [title] => The Resolution of the Council of Ministers 63/2015, of 25 August [url] => http://www.pgdlisboa.pt/docpgd/files/1441188745_estrategia_protecao_idoso_25082015.pdf ) [2] => stdClass Object ( [title] => Bill 61/XIII [url] => http://www.cds.parlamento.pt/gp/index.php?option=com_content&view=article&id=12852:projeto-de-lei-61xiii&catid=63:projetos-de-lei&Itemid=57 ) [3] => stdClass Object ( [title] => The Portuguese Civil Code [url] => http://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?ficha=1&artigo_id=&nid=775&pagina=1&tabela=leis&nversao=&so_miolo= ) ) ) [15] => stdClass Object ( [parent] => B. General legal framework [theme_title] => B3. Accessibility of voting and elections [theme_slug] => b3-accessibility-of-voting-and-elections [theme_id] => 15 [contents] => According to the Portuguese Constitution (article 49(1)), all citizens of 18 years old and over who are properly registered are entitled to vote in Portugal, except persons who have certain impairments. Indeed, Article 2 of the Electoral Law (Law 14/79 of 16 May) specifies that citizens who have been assigned the status of interdiction, or persons with intellectual impairments under the regime of full or partial guardianship and those who are institutionalised in psychiatric institutions are unable to exercise voting rights (Law 14/79 of 16 May, Decree-law 319-A/76 of 3 May and Organic Law 1/2001 of 14 August). The law further states that the act of voting is always 'direct and secret'. Article 97, however, entitles ’persons with visible physical disabilities or illnesses‘ to bring an assistant of their own choice to the voting booth, in order to assist them or vote for them. Citizens, whose disabilities or illnesses are not visible, and yet require assistance to vote, need to present an official medical note to justify their need (Art 97). The Electoral Law does not foresee alternative ways for persons with disabilities to cast their vote (e.g. through electronic voting or ballot papers in Braille). Although the existing system allows blind people to vote, it compromises their right to a free and secret vote. Hence, by not allowing alternative ways of expressing the vote (e.g. electronic vote), the Portuguese Electoral Law discriminates against persons with disabilities, and prevents them from exercising with autonomy the right to vote. As a result of a complaint lodged by the Portuguese Association of Disabled People (APD), the National Elections Commission (CNE) issued in 2009 a recommendation on accessibility in which it calls upon the responsibility of Municipalities to ensure physical accessibility to the voting sites. In spite of this recommendation, conditions of physical accessibility are not always insured, which prevents some people with physical impairments from exercising the right to vote. [update_date] => 2016-03-15 13:36:50 [links] => Array ( [0] => stdClass Object ( [title] => Electoral Law (Law 14/79 of 16 May) [url] => http://www.cne.pt/sites/default/files/dl/legis_lear_2012.pdf ) [1] => stdClass Object ( [title] => Accessibility Recommendation of the National Elections Commission (CNE): [url] => http://www.inr.pt/content/1/758/locais-de-voto-inacessiveis-pessoas-com-mobilidade-condicionada-comunicado-da-cne ) ) ) [16] => stdClass Object ( [parent] => B. General legal framework [theme_title] => B4. Official recognition of sign language [theme_slug] => b4-official-recognition-of-sign-language [theme_id] => 16 [contents] => Sign language is recognised in the Portuguese legislation in several ways. Article 74.h of the Constitution states that, in pursuing an education policy, the State must ’protect and value the Portuguese sign language, as a means of cultural expression and a tool to access education and equality of opportunities.' Sign language is also mentioned in the Anti-discrimination Law (Law 46/2006 of 28 August); according to Article 4(d) the denial of access to or dissemination of sign language is considered a ’discriminatory practice.' Article 43 of the 2004 Disability Act (Law 38/2004 of 18 August) requires the State and other private and public stakeholders to provide information in accessible formats to persons with disabilities, including information in sign language. In the context of education, schools can hire specialised professionals, including sign language interpreters and teachers. Law 27/2007, of 30 July (amended by Law 8/2011, of 11 April), which regulates television operators, states in Article 34 that it is up to the media regulatory body to define a multiannual plan for gradual implementation of the rules that enable access for persons with special needs to broadcast TV, ’notably through the use of captioning, sign language interpretation, audio-description and other adequate techniques.‘ The Multi-Year Obligation Plan (from 1 February 2014 to 31 January 2017), approved on 2 January 2014 by The Portuguese Media Regulatory Authority (ERC), establishes the obligations on the three most important TV channels in this area, including the hours of broadcasting with subtitling, sign language interpretation, audio description and other appropriate techniques, as well as the provision of easily understandable menu navigation systems. In another context, the use of sign language interpreters is also allowed during the training and the practical exam to obtain a driving permit. [update_date] => 2017-05-09 13:51:34 [links] => Array ( [0] => stdClass Object ( [title] => The Portuguese Constitution (English translation) [url] => http://www.cne.pt/sites/default/files/dl/crp_uk_2005_integral.pdf ) [1] => stdClass Object ( [title] => Disability Act [url] => http://www.inr.pt/bibliopac/diplomas/lei_38_2004.htm ) [2] => stdClass Object ( [title] => Anti-Discrimination Law [url] => http://www.inr.pt/bibliopac/diplomas/lei_46_2006.htm ) [3] => stdClass Object ( [title] => Law 27/2007 of 30 July [url] => http://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?nid=923&tabela=leis ) [4] => stdClass Object ( [title] => The Multi-Year Obligation Plan [url] => http://www.epra.org/news_items/accessibility-erc-defines-tv-broadcast-obligations-vis-a-vis-viewers-with-special-needs ) ) ) [17] => stdClass Object ( [parent] => B. General legal framework [theme_title] => B5. National disability strategy and action plan [theme_slug] => b5-national-disability-strategy-and-action-plan [theme_id] => 17 [contents] => The First National Disability Strategy (Estratégia Nacional para a Deficiência – ENDEF I) was implemented during 2011-2013 following the first Action Plan on the Integration of Persons with Impairments and Disabilities 2006-09. The ENDEF I was adopted after the country signed the CRPD and therefore, it embodied the Portuguese State’s commitment to 'promote, protect and ensure a life with dignity for persons with disabilities'. The ENDEF I had five specific objectives:

  1. 'Disability and Multi-discrimination';
  2. 'Justice and exercise of rights';
  3. 'Autonomy and quality of life';
  4. 'Accessibility and design for all';
  5. 'Administrative modernization and information systems.'

It included 133 measures in total. The National Institute for Rehabilitation (INR, I.P.) was assigned the reponsibility for monitoring the implementation of the ENDEF I. The INR published the Final Report of ENDEF I in October 2014 where it stated that the percentage of implementation of the planned measures had been the following: 73.68% in 2011, 68.75% in 2012 and 77.55% in 2013. This Report concluded that during 2011-2013 the level of implementation reached only 76% with 103 measures implemented. In the report, the INR acknowledged that the implementation of the ENDEF I was hampered by the financial crisis and the austerity measures that the government had to put in place during that period.
Through the Ministerial Order 15432/2012, of 4 December, the Government established the ENDEF II Commission tasked with the development of a proposal for the National Disability Strategy 2014-2020 (ENDEF II). The ENDEF II Commission is coordinated by the National Institute for Rehabilitation (INR, I.P.) and includes representatives from the various Ministries and disability organisations. However, so far, the ENDEF II has not been adopted and therefore the country lacks a national coherent disability policy. [update_date] => 2017-05-09 15:04:08 [links] => Array ( [0] => stdClass Object ( [title] => National Disability Strategy [url] => http://www.inr.pt/content/1/1487/estrategia-nacional-para-deficiencia-endef ) [1] => stdClass Object ( [title] => The Ministerial Order 15432/2012 of 4 December [url] => https://dre.tretas.org/dre/305259/ ) [2] => stdClass Object ( [title] => The INR ENDEF I Final Report [url] => http://www.inr.pt/uploads/docs/programaseprojectos/endef/Relatorio_Final_ENDEF_2011_2013.pdf ) ) ) [19] => stdClass Object ( [parent] => C. Accessibility [theme_title] => C1. Transport accessibility [theme_slug] => c1-transport-accessibility [theme_id] => 19 [contents] => Denying and limiting access to public transportation is expressly prohibited by the Portuguese Anti-discrimination Law (Law 46/2006 of 28 August). Decree-Law 58/2004, of 19 March, defines the accessibility standards for newly acquired public buses (transposition of the European Parliament and Council Directive 2001/85/EC). New trains must ensure the accessibility standards defined in the COST 335 norms (COST 335 - Passengers' accessibility of heavy rail systems, final report, November 1999). In addition, Decree-Law 252/98, of 11 August, provides for the licensing of accessible taxis. The Accessibility Law (Decree-Law 163/2006, of 8 August) further requires that railway stations, subway stations, bus central stations and bus stops, ferry piers, airports, petrol stations and service areas in motorways are made accessible to disabled persons. Deadlines for the implementation of the accessibility standards vary according to the construction year of the facilities. There are three possible situations:
  1. adaptations of apartment buildings, facilities and other buildings built before 22th August 1997 should be concluded within a period of ten years from the date the Accessibility Law comes into effect;
  2. adaptations of apartment buildings, facilities and other buildings built after 22th August 1997 should be concluded within a period of five years;
  3. adaptations of apartment buildings, facilities and other buildings built in accordance with the previous accessibility law (Decree Law 123/97 of 22 May) are exempt from the new standards.

After these deadlines, non-compliance with the accessibility standards will be sanctioned as follows: individual person EUR 250 to EUR 3,740.98 and collective persons EUR 500 to EUR 44,891.81. In case of further non-compliance, the fine adds to the maximum amount mentioned above an additional amount that ranges from EUR 1,870.49 to EUR 22,445.91. Other sanctions may apply, such as: closure of the institution, suspension of the permit or license, etc. (Art. 19 of the Accessibility Law).
Exceptions are also previewed in the law. The implementation of the accessibility standards is not required when:

  • the elimination of architectural barriers is disproportionately difficult;
  • it requires economic and financial means that are disproportionate or not available;
  • the implementation of accessibility standards would affect significantly the cultural and historical heritage, whose morphological, architectural and environmental preservation is intended.

However, this law is currently under revision - a new project-law has been issued and is open to public consultation on the website of the National Institute for Rehabilitation (INR, I.P.). As of March 2017, all the deadlines have already met and no sanctions have yet been applied to the non-compliants.

The National Plan for the Promotion of Accessibility (PNPA) 2007/2015 (Resolution of the Ministers Council 9/2007) established a set of actions to remove disabling transport barriers to be implemented in two phases: 2007- 2010 and 2011-2015. Examples of measures to promote accessibility in transportation during the first phase included: facilitating the allocation of parking cards for disabled people; promoting accessibility in all underground stations; promoting accessibility at railway stations, including accessibility in circulation areas, at service counters, ticket vending machines and installing adapted toilet facilities for use by persons with disabilities; and progressively replacing the fleet of buses, with special priority for those operating in urban areas. At the end of the first phase an evaluation process was due to take place and new measures were to be developed accordingly. Even though a public consultation was held, the new measures had never been established. The second phase of the plan (2011-2015) never started. In addition to this Plan, the National Disability Strategy, 2011-2013 (Resolution of the Ministers Council 97/2010) included measures to remove obstacles and promote accessibility in public transportation.

Law 72/2013, of 3 September, ammends the Road Code (Codigo da Estrada), particularly with regards to persons with disabilities. It introduces a legal definition of 'vulnerable users” which includes persons with reduced mobility or disabled people, as well as children, elderly, pregnant women, pedestrians and bicycles, for whom specific rules are established along the Code aimed to guarantee their safety; the Code further defines the 'zone of co-existence' as the area of road specially designed and marked for shared use by pedestrians and vehicles. These areas must take into account the needs of 'vulnerable users', with particularly respect for the principles of inclusive design. The Code also includes new rules about the transportation of disabled children, taking into account their specific safety needs.In addition, Portugal has introduced the Strategic Plan of Transportation - Sustainable Mobility (Plano Estratégico dos Transportes - Mobilidade Sustentável (PET)) by the Resolution of the Council of Ministers 45/2011 of 10 November that presents a vast programme of reforms to be implemented during 2011-2015, covering public transport companies, road infrastructure, maritime and air transportation. The Strategic Plan of Transportation and Infrastructure 2014-2020 (PETI3+) (Plano Estratégico dos Transportes e Infraestruturas) is an update of PET 2011 - 2015 that implies the second phase of structural reforms to be undertaken to increase accessibility, as well as a set of investments into transport infrastructures to be completed by the end of this decade. [update_date] => 2017-06-27 12:10:39 [links] => Array ( [0] => stdClass Object ( [title] => Accessibility on Public Transportation (Decree-Law 58/2004) [url] => http://dre.pt/pdf1sdip/2004/03/067A00/14971550.PDF ) [1] => stdClass Object ( [title] => Anti-Discrimination Law [url] => http://www.inr.pt/bibliopac/diplomas/lei_46_2006.htm ) [2] => stdClass Object ( [title] => Accessibility Law [url] => http://dre.pt/pdf1s/2006/08/15200/56705689.pdf ) [3] => stdClass Object ( [title] => Project Review of the Accessibility Law [url] => http://www.inr.pt/content/1/2770/projeto-de-revisao-do-decretolei ) [4] => stdClass Object ( [title] => National Disability Strategy 2011-2013 [url] => http://www.inr.pt/content/1/1402/estrategia-nacional-para-deficiencia-endef ) [5] => stdClass Object ( [title] => Road Code (Law 72/2013) [url] => http://www.inr.pt/content/1/3293/alteracoes-ao-codigo-da-estrada ) [6] => stdClass Object ( [title] => The Strategic Plan of Transport and Infrastructure 2014-2020 (PETI3+) [url] => https://dre.pt/application/file/70064544 ) ) ) [20] => stdClass Object ( [parent] => C. Accessibility [theme_title] => C2. Built environment accessibility [theme_slug] => c2-built-environment-accessibility [theme_id] => 20 [contents] => The Anti-discrimination Law (Law 46/2006, of 28 August) requires that public buildings and public-use facilities are made accessible to disabled persons. The Accessibility Law (Decree-Law 163/2006, of 8 August) defines the accessibility standards for public buildings, spaces, and facilities, and contains general norms and principles that should be applied to residential buildings (either social housing or private sector housing). These standards apply both to old and new buildings. The deadlines for the implementation of the accessibility standards vary according to the construction year of the housing, buildings and facilities. Thus, there are three possible situations (Article 9, Accessibility Law):

  1. adaptations of apartment buildings, facilities and other buildings built before 22 August 1997 should be concluded within a period of ten years from the date the Accessibility Law comes into effect;
  2. adaptations of apartment buildings, facilities and other buildings built after 22 August 1997 should be concluded within a period of five years;
  3. adaptations of apartment buildings, facilities and other buildings built in accordance with the previous accessibility law (Decree Law 123/97 of 22 May) are exempt from the new standards.

After these deadlines, non-compliance with the accessibility standards will be sanctioned as follows: individual person EUR 250 to EUR 3,740.98 and collective persons EUR 500 to EUR 44,891.81. In case of non-compliance, the amount of the fine may increase, as well as other sanctions may also apply (Art. 19, Accessibility Law). As of March 2017, all these deadlines have already been met and no sanctions have yet been applied. Exceptions are also previewed in the law. However, the implementation of the accessibility standards is not required when: the elimination of architectural barriers is disproportionately difficult; it requires economic and financial means that are disproportionate or not available; the implementation of accessibility standards would affect significantly the cultural and historical heritage. Recent legislation on urban regeneration (Decree-Law 53/2014) also provides a temporary exemption from compliance with accessibility standards. According to this Decree-Law, all regeneration works carried out in old buildings (more than 30 years old) are not required to meet accessibility standards, provided that the building is intended for housing.

Through Resolution of the Council of Ministers 9/2007, the Government adopted the National Plan for the Promotion of Accessibility 2007/2015 (PNPA). The Plan identified three main goals:

  1. to raise awareness;
  2. to provide information;
  3. to provide training on accessibility issues, and establish a set of measures to remove barriers to accessibility in transportation and the built environment, in workplaces, housing and ICT.

Some of these measures included promoting accessibility in public buildings, supporting the adaptation of housing and raising awareness in society about the need to improve accessibility.
The National Institute for Rehabilitation (INR, I.P.) evaluated the implementation of the first phase of the PNPA measures (2007-2010), however the report of the second phase is not yet available. The INR, I.P. also coordinates such programmes as RAMPA (Accessibility Support Regime for Municipalities); Accessible Beach for All; Alert School Project; The Accessibility Guide 'Accessibility and Mobility for All.' The RAMPA programme includes measures to support accessibility assessment, awareness-raising and training activities, as well as the development of accessibility plans for public spaces. The State Budget 2017, approved by Law 42/2016, of 28 December (Article 166), foresees that the Institute of Housing and Urban Reconstruction (Instituto da Habitação e da Reabilitação Urbana - IHRU, I.P.) will provide a report about the accessibility in Portugal at the end of the first quarter of 2017, following which the Government will take necessary measures. [update_date] => 2017-06-27 12:25:38 [links] => Array ( [0] => stdClass Object ( [title] => National Institute for Rehabilitation – Accessibilities [url] => http://www.inr.pt/category/1/1/acessibilidades ) [1] => stdClass Object ( [title] => Anti-Discrimination Law [url] => http://www.inr.pt/bibliopac/diplomas/lei_46_2006.htm ) [2] => stdClass Object ( [title] => Accessibility Law [url] => http://dre.pt/pdf1s/2006/08/15200/56705689.pdf ) [3] => stdClass Object ( [title] => INR Programs [url] => http://www.inr.pt/category/1/2/programas-projectos ) [4] => stdClass Object ( [title] => RAMPA [url] => http://www.inr.pt/content/1/1192/lancamento-do-programa-rampa ) [5] => stdClass Object ( [title] => Accessible Beach for All (Praia Acessível) [url] => http://www.inr.pt/content/1/17/praia-acessivel-praia-para-todos ) [6] => stdClass Object ( [title] => Law on urban regeneration (Decree-Law 53/2014) [url] => http://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?nid=2087&tabela=leis&so_miolo= ) [7] => stdClass Object ( [title] => PNPA [url] => http://www.inr.pt/content/1/3/pnpa ) [8] => stdClass Object ( [title] => Law 42/2016, of 28 December (State Budget 2017) [url] => https://dre.pt/home/-/dre/105637672/details/maximized ) [9] => stdClass Object ( [title] => INR, I.P. (Accessibility Guide) [url] => http://www.inr.pt/uploads/docs/acessibilidade/GuiaAcessEmobi.pdf ) ) ) [21] => stdClass Object ( [parent] => C. Accessibility [theme_title] => C3. ICT and Web accessibility [theme_slug] => c3-ict-and-web-accessibility [theme_id] => 21 [contents] => ICT and website accessibility are required by the Action Plan for Information Society adopted through Resolution of the Council of Ministers 107/2003 of 12 August. ICT and website accessibility are promoted in the National Programme for the Participation of Citizens with Special Needs in the Information Society (Resolution of the Council of Ministers 110/2003 of 12 August). Some of the proposed measures include the promotion of accessibility on public television channels and training on Internet usage for persons with disabilities. In this context, the programme Digital Inclusion was created through Ordinance 1354/2004 and funds were made available to support projects aiming to train and improve access to ICT by persons with disabilities and older persons. The ACCESS Programme, created by the UMIC-Agency for the Knowledge Society, is another initiative in this domain. It aims at developing, providing and disseminating information and communication technology tools to improve the quality of life of citizens with special needs, as well as supporting the widespread use of ICT by persons with disabilities and the professionals who work with them. One of the components of the programme is the Solidarity Network which provides internet access, web hosting and e-mail management for disability organisations. In 2004, 240 non-profit organizations in the disability field were part of this network. The UMIC-Agency for the Knowledge Society has translated into Portuguese and has made available on the internet the WCAG 2.0 Web Content Accessibility Guidelines of the W3C World Wide Web Consortium, and has created a certification system to assess web accessibility. In addition, the Resolution of the Council of Ministers 155/2007 of 27 September approved the Guidelines for the Accessibility of Government and Central Administration Websites. The Portugal Digital Agenda approved through the Resolution of the Council of Ministers 112/2012 of 31 December included two important objectives specifically addressing the needs of persons with disabilities: 1) to promote the availability and use of e-books (electronic books); and 2) to define accessibility policy for content and Portuguese digital platforms available on the Internet (3.3.4.). Portugal has not signed the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled. [update_date] => 2017-05-09 15:15:09 [links] => Array ( [0] => stdClass Object ( [title] => Action Plan for Information Society [url] => http://www.umic.pt/images/stories/publicacoes/I_Plano_Accao_SI.pdf ) [1] => stdClass Object ( [title] => Digital Inclusion Regulation 1354/2004 [url] => http://www.acesso.umic.pt/id/id_portaria.htm#n1 ) [2] => stdClass Object ( [title] => The National Programme for the Participation of Citizens with Special Needs in the Information Society [url] => http://www.acesso.umic.pt/legis/pnpcnesi.htm ) [3] => stdClass Object ( [title] => National Institute for Rehabilitation (INR, I.P.) [url] => http://www.inr.pt/content/1/6/acessibilidade-electronica ) [4] => stdClass Object ( [title] => Agency for the Knowledge Society (UMIC) [url] => http://www.umic.pt/index.php?option=com_content&task=category§ionid=6&id=19&Itemid=37 ) [5] => stdClass Object ( [title] => The Resolution of the Council of Ministers 112/2012, of 31 December [url] => http://www.portugaldigital.pt/files/RCM%20Agenda%20Portugal%20Digital%20-%20DR.PDF ) [6] => stdClass Object ( [title] => The Resolution of the Council of Ministers 155/2007, of 27 September [url] => https://dre.pt/application/dir/pdf1sdip/2007/10/19000/0705807058.pdf ) [7] => stdClass Object ( [title] => Ordinance 1354/2004, of 25 October [url] => http://www.acessibilidade.gov.pt/id/id_portaria.pdf ) ) ) [23] => stdClass Object ( [parent] => D. Independent living [theme_title] => D1. Choice of living arrangements [theme_slug] => d1-choice-of-living-arrangements [theme_id] => 23 [contents] => According to the Portuguese Constitution Article 65, 'all citizens have the right to adequate housing that preserves personal intimacy and family privacy'. The Disability Act (Law 38/2004 of 18 August) Article 32 calls attention to the need on the part of the state to take the necessary measures to ensure the right to housing for persons with disabilities, namely in terms of eliminating barriers and promoting universal design in housing building and renovation. Nevertheless, according to the Order 28/2006 of 3 May, persons with disabilities of 16 years or older can be obliged to live in a residential facility in the following cases: if they participate in education, training or other activities located in the areas distant from their regular place of living; if the family cannot guarantee proper accommodation for a person with a disability; and if the family member(s) need some free time in case of illness or other related cases. Persons with disabilities younger than 16 years old can also be temporarily institutionalised if other measures were not successful. Persons with severe mental health conditions may also be limited on their choice of living arrangement and forced to institutionalisation. According to the Mental Health Law (Law 36/98 of 24 July), the court can determine compulsory institutionalisation when a person with a serious psychiatric abnormality endangers other people or property, refuses to receive appropriate treatment, or if absence of treatment significantly deteriorates the person's health. [update_date] => 2016-03-15 15:55:13 [links] => Array ( [0] => stdClass Object ( [title] => Disability Act, Law 38/2004 of 18 August [url] => http://www.inr.pt/bibliopac/diplomas/lei_38_2004.htm ) [1] => stdClass Object ( [title] => Portuguese Constitution [url] => http://www.cne.pt/sites/default/files/dl/crp_uk_2005_integral.pdf ) [2] => stdClass Object ( [title] => Order 28/2006 of 3 May [url] => http://www.oasrn.org/pdf_upload/despachonormativo_28_2006.pdf ) [3] => stdClass Object ( [title] => Law 36/98 of 24 July [url] => http://www.saudepublica.web.pt/10-atestados/Lei-36-98_SaudeMental.pdf ) ) ) [24] => stdClass Object ( [parent] => D. Independent living [theme_title] => D2. De-institutionalisation [theme_slug] => d2-de-institutionalisation [theme_id] => 24 [contents] => The majority of disabled people in Portugal live with their families as there is a societal expectation that families will provide for the well-being of their members. Life in the community has nevertheless been partly encouraged by the State through some housing policies. Persons with disabilities in Portugal with an incapacity level equal to or over 60% can have access to a special house credit. Also disabled people with low income can benefit from government support for house renting. Furthermore, disabled people between 18-30 years old regardless their income can apply for Door 65-Youth Programme which aims to support youth living in urban rented housing. Following international recommendations, the National Plan of Mental Health 2007 - 2016 established the objectives of deinstitutionalisation and gradual closing of psychiatric hospitals. The Decree-Law 8/2010, of 28 January (amended by Decree-Law 22/2011, of 10 February), foresees the creation of new types of services providing community care for persons with psychosocial disabilities, including: residential units (unidades residenciais), socio-occupational units (unidades sócio-ocupacionais) and home care support teams (equipas de cuidados domiciliários de apoio). However, these services were not immediately put in place, and only in 2015 through Ordinance 59/2015 of 2 March the first residential services to persons with psychosocial disabilities were set up: notably residential homes (lar residencial) and autonomous residences (residência autónoma). These services are mostly provided by private entities or private non-profit organisations in which cases persons with disabilities or their families have to pay a fee according to their family income. The new 'Priority Health Programme on Mental Health', issued through Dispatches 6401/2016 and 7433/2016, also emphasises, among other goals, the development of the Integrated Continuing Mental Health Care Network, supporting the creation of 1500 places for adults and 500 for children in community care services.

The National Disability Strategy (ENDEF I) which came to an end in 2013 included a measure concerning the introduction of a pilot project on Personal Assistance. However, this measure was not implemented due to the economic crisis and consequent lack of financial resources. In 2015 the Lisbon Municipality launched The Independent Living Pilot Programme to promote independent living for persons with disabilities. The programme involves five participants with mobility disabilities who benefit from personal assistance schemes and social housing. This project has an investment of EUR 152 thousand and will last until the end of 2017.

In February 2017, the government made available for public discussion a paper setting out the framework for a new Programme to Support Independent Living. According to this paper the government plans to use European Structural Funds to support independent living projects and aims to spend about EUR 15 million in these projects. The public discussion ended on 27 March 2017, and The Council of Ministers formally adopted the normative basis for this Programme on 10 August 2017. The new decree law, however, has not yet been published in the national Official Gazette. [update_date] => 2017-09-05 14:25:54 [links] => Array ( [0] => stdClass Object ( [title] => National Disability Strategy 2011-2013 [url] => http://www.inr.pt/content/1/1402/estrategia-nacional-para-deficiencia-endef ) [1] => stdClass Object ( [title] => The National Plan of Mental Health 2007 - 2016 [url] => http://www.adeb.pt/files/upload/paginas/Plano%20Nacional%20de%20Saude%20Mental.pdf ) [2] => stdClass Object ( [title] => Normative Order 28/2006 of 3 May [url] => http://www.oasrn.org/pdf_upload/despachonormativo_28_2006.pdf ) [3] => stdClass Object ( [title] => Decree-law 8/2010 of 28 January [url] => https://dre.pt/web/guest/pesquisa/-/search/616776/details/maximized ) [4] => stdClass Object ( [title] => Decree-Law 22/2011 of 10 February [url] => http://www.cnpcjr.pt/preview_documentos.asp?r=4884&m=PDF ) [5] => stdClass Object ( [title] => Ordinance 149/2011 of 8 April [url] => http://www.sppsm.org/wp-content/uploads/2011/06/Portaria-n.%C2%BA-149.2011-RNCCI.pdf ) [6] => stdClass Object ( [title] => Door 65-Youth Programme [url] => http://dre.pt/pdf1sdip/2007/09/16900/0610606111.pdf ) [7] => stdClass Object ( [title] => Ordinance 59/2015 of 2 March [url] => http://www.seg-social.pt/documents/10152/10304879/Port_59_2015.pdf/a83a4500-9726-4ae6-a108-2f11b295ea5b/a83a4500-9726-4ae6-a108-2f11b295ea5b ) [8] => stdClass Object ( [title] => Home Care services for old people [url] => http://www.seg-social.pt/documents/10152/27202/apoios_sociais_idosos/638b6f1a-61f6-4302-bec3-5b28923276cb/638b6f1a-61f6-4302-bec3-5b28923276cb ) [9] => stdClass Object ( [title] => Home Care services for adults with disabilities [url] => http://www.seg-social.pt/documents/10152/27231/apoios_sociais_adultos_deficiencia ) [10] => stdClass Object ( [title] => The Independent Living Pilot Programme (Lisbon) [url] => http://www.am-lisboa.pt/documentos/1418294685D5rYQ8dj8Bh76GZ1.pdf ) [11] => stdClass Object ( [title] => Framework Programme to Support Independent Living (proposal for public discussion) [url] => http://www.inr.pt/uploads/docs/noticias/2017/2017_02%20Proposta_MAVI_Assist%C3%83%C2%AAncia_Pessoal_Portugal_2017_2020_Audi%C3%83%C2%A7%C3%83%C2%A3o_P%C3%83%C2%BAblica.pdf ) [12] => stdClass Object ( [title] => Programme to Support Independent Living (Communication of the Council of Ministers of 10 August 2017) [url] => http://www.portugal.gov.pt/pt/ministerios/mtsss/noticias/20170810-seipd-inclusao.aspx ) [13] => stdClass Object ( [title] => New programmes on mental health [url] => https://www.dgs.pt/pns-e-programas/programas-de-saude-prioritarios/saude-mental.aspx ) [14] => stdClass Object ( [title] => National Mental Health Programme (legislation) [url] => https://www.dgs.pt/pns-e-programas/programas-de-saude-prioritarios/saude-mental.aspx ) ) ) [25] => stdClass Object ( [parent] => D. Independent living [theme_title] => D3. Quality of social services [theme_slug] => d3-quality-of-social-services [theme_id] => 25 [contents] => As part of the Ministry of Solidarity and Social Security funding programmes for disability service providers, the Ministry sets up some rules and obligations (regarding, for example, personnel, number and quality, physical spaces, etc.) and monitors their implementation. In addition, many organisations are voluntarily undertaking quality control processes through international systems such as EQUASS or the ISO 9001:1200 norms. These organisations can apply for funds from the European Social Fund and the national QREN/POPH programme to initiate the certification process under EQUASS. The Portuguese Association of Quality is the independent inspection and certification body in Portugal for this system. The organisations that show conformity with the nine principles of EQUASS quality (leadership, rights, ethics, partnerships, participation, orientation towards the client, scope, orientation towards results, and continuous improvement) are certified for a period of two years in either level I ( EQUASS Assurance), Level II, (EQUASS Excellence ) or Level III ( EQUASS Award). In addition, the Ombudsman provides since April 2013 a free new Help and Information Line for Disabled Citizens, which aims to answer questions and solve problems presented by, not only persons with disabilities, but all those who are related to or look for information on disability issues. [update_date] => 2016-03-16 11:55:41 [links] => Array ( [0] => stdClass Object ( [title] => EQUASS Certification [url] => http://www.poph.qren.pt/upload/docs/eixos/6_4_EQUASS.pdf ) [1] => stdClass Object ( [title] => Order 7/2014 of 13 January [url] => http://www.inr.pt/uploads/docs/programaseprojectos/Portaria%20de%20Registo_n%C3%82%C2%BA7_de_2014.pdf ) [2] => stdClass Object ( [title] => Decree-Law 106/2013 of 30 July [url] => https://dre.pt/application/dir/pdf1sdip/2013/07/14500/0448904493.pdf ) [3] => stdClass Object ( [title] => QREN/POPH programme [url] => http://www.poph.qren.pt/content.asp?startAt=2&categoryID=370 ) [4] => stdClass Object ( [title] => Help and Information telephone line for disabled citizens [url] => http://www.inr.pt/content/1/3133/linha-do-cidadao-com-deficiencia-do-provedor-de-justica ) ) ) [26] => stdClass Object ( [parent] => D. Independent living [theme_title] => D4. Provision of assistive devices at home [theme_slug] => d4-provision-of-assistive-devices-at-home [theme_id] => 26 [contents] => The 2004 Disability Act (Law 38/2004, of 18 August) Article 31 states that 'it is up to the State to provide, adapt, maintain and renew the appropriate means of compensation to ensure greater autonomy and adequate integration of persons with disabilities'. The National System for the Ascription of Assistive Devices (SAPA), established by Decree-Law 93/2009, of 16 April, and Decree-Law 42/2011, of 23 March, gives expression to this norm. The intention of SAPA is to compensate for impairments and reduce their impact in the daily life of persons with disabilities. It is a public and universal system and covers the areas of health, vocational training and employment and independent living. Only disabled people with an incapacity level equal to or over 60% are eligible to receive assistive devices. Nevertheless, an assistive device is provided only after the evaluation of the socio-economic conditions of the applicant and of the importance of the device to the applicant’s life. In this case, a medical prescription is required, issued by a Health Centre, Hospital or specialised rehabilitation centre designated by the Institute for Social Security (ISS, I.P.). Priority is given according to applicants’ health conditions and the importance of the device for the applicants’ autonomy and daily life activities. Assistive devices prescribed by a health or a rehabilitation center are funded by the Institute for Social Security and the Ministry of Health. Funding is provided by the Institute of Vocational Training and Employment (IEFP, I.P.) for accessing vocational training or for accessing, maintaining or progressing in a job, including access to transportation. Education-related assistive devices are provided by the Ministry of Education to students with disabilities attending compulsory education. No similar system, however, exists for students with disabilities attending university. The process of obtaining assistive devices is extremely lengthy and excessively bureaucratic. Persons with disabilities are also entitled to reduced taxes when purchasing an adapted car (as regulated by Law 22-A/2007, of 29 June 29). [update_date] => 2017-05-09 15:26:58 [links] => Array ( [0] => stdClass Object ( [title] => The National System for the Ascription of Assistive Devices (SAPA) [url] => http://www.inr.pt/content/1/59/ajudas-tecnicas-produtos-de-apoio ) [1] => stdClass Object ( [title] => The 2004 Disability Act [url] => http://www.inr.pt/bibliopac/diplomas/lei_38_2004.htm ) [2] => stdClass Object ( [title] => Decree-Law 93/2009, of 16 April [url] => http://www.inr.pt/bibliopac/diplomas/dl_93_2009.htm ) [3] => stdClass Object ( [title] => Decree-Law 42/2011, of 23 March [url] => http://www.seg-social.pt/documents/10152/13230/Decreto-Lei+n.%C2%BA+42_2011,+de+2011-03-23 ) [4] => stdClass Object ( [title] => Law 22-A/2007, of 29 June 29 [url] => http://www.inr.pt/bibliopac/diplomas/lei_22_a_2007.htm ) ) ) [27] => stdClass Object ( [parent] => D. Independent living [theme_title] => D5. Availability of personal assistance schemes [theme_slug] => d5-availability-of-personal-assistance-schemes [theme_id] => 27 [contents] => The Lisbon Municipality Independent Living Pilot project, the first one in the country, was launched in 2015 funded by the Lisbon city hall. The project, which will last until the end of 2017, aims to promote independent living for persons with disabilities, and involves five participants who currently benefit from personal assistance and social housing schemes. In addition, the State Budget 2017, approved by Law 42/2016, of 28 December (Article 165 Independent living), plans to support pilot projects to promote a personal assistance scheme. In February 2017, the government made available for public discussion a paper setting out the framework for a new Programme to Support Independent Living. According to this paper the government plans to use European Structural Funds to support independent living projects and aims to spend about EUR 15 million for these projects. The public discussion ended on 27 March 2017 and the final version of this discussion is available on the website of the National Institute for Rehabilitation (INR, I.P). The Council of Ministers approved the normative basis for this Programme on 10 August 2017. The new decree law, however, has not yet been published in the national Official Gazette. Under this Programme people with disabilities (16 years of age and above) with 60% or high degree of impairment certified by a medical assessment will have access to individual assistance. Persons with intellectual impairments and autism disorders will benefit independently of their assessed impairment level. The following types of assistance can be provided: personal everyday activities; health and personal care; citizenship participation; mediation of communication; work context; vocational training; higher education and research; culture, leisure and sport. The assistance will be provided according to the needs of each person with disability, not exceeding 40 hours per week, through CAVI – Centres of Assistance to Independent Living, and not by a family member. A person with disability can participate in the selection process and afterwards he/she or his/her representative signs a contract with the selected assistant. The Decree-law is currently under the analysis of the President.

Until now, the only support available, at the national level, to family members who assist their disabled relatives (both children and adults) in the performance of their daily life activities, for a minimum of six hours per day, is an Allowance for Assistance by Third Person. The amount of this Allowance is EUR 101.68 per month in 2017. However, persons who claim the Third Person Assistance Allowance cannot work and the eligibility criteria are very strict. If a parent needs to care for their child with disability or chronic illness, he/she can take a leave from work for a period that lasts from six months up to four years maximum and apply for a Subsidy to Assist a Child with Disability or Chronic Illness. In this case, the child has to have a medical condition and a need for assistance certified by a doctor and the beneficiary (parent) has to live together with the child. The amount of the benefit equals 65% of the monthly salary of the parent, but it cannot exceed two IAS amounts per month (Social Support Index (IAS): EUR 421.32 in 2017). [update_date] => 2017-09-05 14:37:37 [links] => Array ( [0] => stdClass Object ( [title] => The Lisbon Municipality Independent Living Pilot Programme [url] => http://www.am-lisboa.pt/documentos/1418294685D5rYQ8dj8Bh76GZ1.pdf ) [1] => stdClass Object ( [title] => Allowance for Assistance by Third Person [url] => http://www.seg-social.pt/subsidio-por-assistencia-de-3-pessoa ) [2] => stdClass Object ( [title] => Subsidy to Assist a Child with Disability or Chronic Illness [url] => http://www.seg-social.pt/documents/10152/15006/subsidio_assistencia_filhos_deficiencia_doenca_cronica/f69bd791-f3e5-443d-903b-b9a916e35104/f69bd791-f3e5-443d-903b-b9a916e35104 ) [3] => stdClass Object ( [title] => Law 42/2016, of 28 December (State Budget 2017) [url] => https://dre.pt/home/-/dre/105637672/details/maximized ) [4] => stdClass Object ( [title] => Framework Programme to Support Independent Living (proposal for public discussion) [url] => http://www.inr.pt/uploads/docs/noticias/2017/2017_02%20Proposta_MAVI_Assist%C3%83%C2%AAncia_Pessoal_Portugal_2017_2020_Audi%C3%83%C2%A7%C3%83%C2%A3o_P%C3%83%C2%BAblica.pdf ) [5] => stdClass Object ( [title] => Framework Programme to Support Independent Living (Communication of the Council of Ministers of 10 August 2017) [url] => http://www.portugal.gov.pt/pt/ministerios/mtsss/noticias/20170810-seipd-inclusao.aspx ) ) ) [28] => stdClass Object ( [parent] => D. Independent living [theme_title] => D6. Income maintenance [theme_slug] => d6-income-maintenance [theme_id] => 28 [contents] => Currently, income maintenance arrangements for adults with disabilities are diverse. Persons who are not able to work due to their impairments can either claim a Disability Allowance (Subsídio Mensal Vitalício), an Invalidity Pension (Pensão de Invalidez) or a Social Invalidity Pension (Pensão Social de Invalidez). Once the beneficiary reaches 65 years old, the Invalidity Pension (Pensão de Invalidez) is converted into an Old Age Pension. Typically, those who have worked some time and have made contributions for social security and acquire disabilities that are not work-related will apply for an Invalidity Pension. Those who never worked or had a very short contributory career will either apply for a Disability Allowance or to a Social Invalidity Pension. The eligibility criteria to receiving these benefits (and indeed all social benefits) have changed and became more stringent in 2010. According to Decree-law 77/2010, of 24 June, and Decree-law 116/2010, of 22 October, cash benefits of sickness, unemployment and family allowance for children and youth– excluding those benefits for disability and dependency – started counting to determine the household income. In addition, from 2011 to 2016, due to an austerity plan in place, all pensions and benefits, including disability-related benefits, have been frozen, except minimum pensions which increased by 3% (Order 320-B/2011, of 30 December). In 2016, all pensions that were below or equal to EUR 628.82 were increased up to 0,4% (according to Decree-Law 254-B/2015, of 31 of December), including the Invalidity Pension and the Social Invalidity Pension. In addition, the Allowance for Assistance by Third person and Disability Allowance have also slightly increased. In 2017, all the pensions and social benefits have again been updated.

More recently, some changes in the special invalidity regime have also been introduced aiming to support persons with disabilities deemed permanently incapable to work and/or having non-curable disabilities/illnesses (not work related). On 17 March 2016, a new law was adopted (Law 6/2016) amending Decree-law 246/2015, of 20 October 2015, extending access to this benefit to recipients who deemed to have a permanent incapacity for work due to chronic diseases 'with negative impact on work performance'. In 2017 the government made available for public discussion a framework paper on a new unified benefit - the Social Inclusion Benefit (Prestação Social para a Inclusão). This new benefit will replace all existing disability-related benefits, including the Disability Supplement to Family Allowances, the Disability Allowance, the Special Education Subsidy, and the Assistance by Third Person Benefit, to name just the most frequent ones. Persons with disabilities of working age receiving a Disability Allowance (Subsídio Mensal Vitalício), a Social Invalidity Pension (Pensão Social de Invalidez) or an Invalidity Pension (Pensão de Invalidez) are the first group who will have access to this benefit. The new benefit, which will be implemented gradually from 2017 to 2019, encompasses three components (the Basic component, the Complement and the Additional component) and targets people with disabilities of all ages. The Basic component (EUR 260 per month) will start to be provided in the last quarter of 2017 to all people with more severe disabilities (incapacity level equal to or above 80%) aged 18-55 years old, regardless their income, and to disabled persons with incapacity levels between 60% and 80%, on a means-tested basis. For both groups the component will allow the accumulation with income from professional activity or from other sources, with no limits in the case of the more severely disabled but with a cap for others (the cap being higher for income generated through a professional activity than through other sources – e.g. other social benefits). The other components - the Complement and the Additional component - will be introduced throughout 2018-2019. On 10 August 2017, the Council of Ministers approved the normative base for the new Social Inclusion Benefit. The Decree-law is currently under the analysis of the President. [update_date] => 2017-09-05 14:44:12 [links] => Array ( [0] => stdClass Object ( [title] => Income Maintenance schemes [url] => http://www.inr.pt/content/1/70/proteccao-social ) [1] => stdClass Object ( [title] => Disability Allowance [url] => http://www.seg-social.pt/subsidio-mensal-vitalicio ) [2] => stdClass Object ( [title] => Invalidity Pension [url] => http://www.seg-social.pt/pensao-de-invalidez ) [3] => stdClass Object ( [title] => Social Invalidity Pension [url] => http://www.seg-social.pt/pensao-social-de-invalidez ) [4] => stdClass Object ( [title] => Special Invalidity regime [url] => http://www.seg-social.pt/protecao-especial-na-invalidez ) [5] => stdClass Object ( [title] => Decree-Law 70/2010 of 16 June [url] => http://dre.pt/pdf1s/2010/06/11500/0208102089.pdf ) [6] => stdClass Object ( [title] => Decree-Law 116/2010 of 22 October [url] => https://www.parlamento.pt/ActividadeParlamentar/Paginas/DetalheIniciativa.aspx?BID=35756 ) [7] => stdClass Object ( [title] => Order 320-B/2011 of 30 December [url] => https://dre.tretas.org/dre/288512/portaria-320-B-2011-de-30-de-dezembro ) [8] => stdClass Object ( [title] => Law 6/2016 of 17 March 2016 [url] => https://dre.pt/application/conteudo/73897624 ) [9] => stdClass Object ( [title] => Decree-Law 254-B/2015 of 31 of December [url] => https://dre.tretas.org/dre/2384634/decreto-lei-254-B-2015-de-31-de-dezembro ) [10] => stdClass Object ( [title] => Decree-law 246/2015 of 20 October 2015 [url] => http://www.seg-social.pt/documents/10152/9558405/DL_246_2015/ad5aa460-473a-42f5-bf35-db72083b38dc ) [11] => stdClass Object ( [title] => Social Inclusion Benefit Programme (Communication of the Council of Ministers of 10 August 2017) [url] => http://www.portugal.gov.pt/pt/ministerios/mtsss/noticias/20170810-seipd-inclusao.aspx ) [12] => stdClass Object ( [title] => The Social Inclusion Benefit (document for public discussion) [url] => http://www.inr.pt/uploads/docs/noticias/2017/discussao_publica_psi.pdf ) ) ) [29] => stdClass Object ( [parent] => D. Independent living [theme_title] => D7. Additional costs [theme_slug] => d7-additional-costs [theme_id] => 29 [contents] => The Allowance for Assistance by Third-Person (EUR 88,37 per month in 2015 increased to EUR 101.68 in 2017) currently aims to support families who receive a Family Allowance or have a family member who receives a Disability Allowance and needs assistance by a third person for six or more hours per day. Additionally, the Dependency Supplement (Complemento por dependência) is available to those who receive an invalidity, retirement or survival pension and are in a situation of dependency, which amount varies between EUR 91.51 and EUR 183.02 per month (in 2017) according to the degree of dependence of the applicant and the pension type that he/she already receives. Families who have disabled children (up to 24 years old) who attend private Special Educational schools (who are just 1% of all children with disabilities nowadays) are entitled to a Special Education Subsidy according to Regulatory Decree No. 3/2016, of 23 August. The subsidy may cover the monthly fee or the individual technical support fee. However, families also pay a contribution, which varies depending on the number of children with disability per family.

Besides tax benefits and social security benefits for disabled persons and their families, additionally, there are other support benefits. According to the Portuguese law only a degree of permanent disability equal to or over 60% proven by a medical incapacity certificate is relevant for tax purposes. There are tax benefits for disabled persons in the following taxes: Personal Income Tax, Vehicle Tax, Value Added Tax and Road Tax. People who have a degree of permanent disability equal to or over 60% or who have disabled dependents or disabled ascending relatives can deduct on their personal income tax: EUR 1,900 for a disabled taxpayer; EUR 1,187.50 for a disabled dependent (child or disabled parent or grandparent); 30% of all registered expenses with education and rehabilitation of the taxpayer and disabled dependents; 25% of all life insurance premiums and contributions to mutual associations that exclusively cover death, disability or retirement risks; 30% of the expenses on vocational training. An amount of EUR 1,900 is also deductible to the taxable income for caring expenses for taxpayers or dependents with a permanent disability degree equal to or over 90% (severe disablement allowance). If the taxpayer has been injured or disabled while serving in the Armed Forces, his/her tax deduction rises up to EUR 2,375. Finally, 25% of the expenditure on retirement homes can be deducted to the taxable income with an overall limit of EUR 403.75. This deduction includes expenditures on home care, nursing homes and elderly support institutions for the taxpayers as well as the costs of homes for persons with disabilities, their dependents, ascendants and collateral relatives up to the third degree who do not have incomes above the minimum wage. [update_date] => 2017-09-05 14:45:47 [links] => Array ( [0] => stdClass Object ( [title] => Allowance for Assistance by Third Person [url] => http://www.seg-social.pt/subsidio-por-assistencia-de-3-pessoa ) [1] => stdClass Object ( [title] => Dependency Supplement [url] => http://www.seg-social.pt/complemento-por-dependencia ) [2] => stdClass Object ( [title] => IRS, Taxation applied to persons with disabilities [url] => http://info.portaldasfinancas.gov.pt/NR/rdonlyres/C0A156C5-55FA-45CC-8077-D6D5283FACA6/0/Folheto_info_Pessoas_com_deficiencia.pdf ) [3] => stdClass Object ( [title] => Regulatory Decree No. 3/2016, of 23 August [url] => https://dre.pt/application/conteudo/75170442 ) ) ) [30] => stdClass Object ( [parent] => D. Independent living [theme_title] => D8. Retirement income [theme_slug] => d8-retirement-income [theme_id] => 30 [contents] => The Invalidity pension (Pensão de Invalidez) is paid to persons with disabilities of the general social security regime who are in a situation of permanent incapacity for work (not of work-related nature). Those who are not entitled to an Invalidity Pension and are not covered by any social protection system, but who are nevertheless deemed permanently incapable for work (due to non work-related impairments), can benefit from a Social Invalidity Pension (Pensão Social de Invalidez). The Invalidity Pension and the Social Invalidity Pension are suspended when the beneficiary reaches 65 years of age, being replaced by the Old Age Pension (or Social Old Age Pension). In the general regime, the Old Age Pension is paid to persons of 66 years and 3 months in 2017 (as amended in 2016 compared to 66 years in 2014-2015), and the amount varies according to the contributory career of the applicant. The Social Old Age Pension equals EUR 203.35 per month and is paid to people of 66 years and 3 months who are not covered by any compulsory social protection scheme and have monthly income equal or less than EUR 168.53 for a single person or EUR 252.79 for a married person. In addition, the beneficiaries of the Social Invalidity Pension (and the Social Old Age Pension) may get the Extraordinary Complement of Solidarity for Old People, which is EUR 35.06 per month for those aged 70 and over and EUR 17.54 below the age of 70. Pensioners also receive holiday contributions in July and December each year.

From 2011 to 2016 all cash benefits, including disability-related benefits, have been frozen, except minimum pensions which increased by 3% (Order 320-B/2011, of 30 December). In 2016, all pensions that were below or equal to EUR 628.82 were increased by up to 0,4% (according to Decree-Law 254-B/2015, of 31 December), including the Invalidity Pension and the Social Invalidity Pension. In addition, the Allowance for Assistance by Third person and the Disability Allowance has also slightly increased. In 2017, all the pensions and social benefits have again been updated. Another important change has been introduced by Law 159-B/2015 of 30 December that provides for the gradual elimination of the Extraordinary Solidarity Contribution which has been applied as a tax to Old Age pensions since 2011. The amount of this contribution was 7.5% for pensions between EUR 4,611.42 and EUR 7,126.74 per year and 20% for those over EUR 7,126.74 per year. In October 2016 this tax was eliminated. Disabled people who served in the military fall under a Special Retirement Regime. Decree Law 248/98, of 11 August, established a new incapacity degree, which entitles to special (more favourable) retirement conditions as well as to special (more favourable) taxation rules. [update_date] => 2017-08-28 11:32:45 [links] => Array ( [0] => stdClass Object ( [title] => Information on retirement (old age) pensions [url] => http://www.seg-social.pt/reforma ) [1] => stdClass Object ( [title] => Information on disability pensions [url] => http://www.seg-social.pt/invalidez ) [2] => stdClass Object ( [title] => Special Retirement Regime for disabled military veterans [url] => http://www.inr.pt/bibliopac/diplomas/dl_43_76.htm ) [3] => stdClass Object ( [title] => Decree-Law 254-B/2015 of 31 December [url] => https://dre.tretas.org/dre/2384634/decreto-lei-254-B-2015-de-31-de-dezembro ) [4] => stdClass Object ( [title] => Law 159-B/2015 of 30 December [url] => https://dre.pt/application/conteudo/73000148 ) [5] => stdClass Object ( [title] => The Social Old Age Pension [url] => http://www.seg-social.pt/pensao-social-de-velhice1 ) ) ) [32] => stdClass Object ( [parent] => E. Education [theme_title] => E1. Special schools [theme_slug] => e1-special-schools [theme_id] => 32 [contents] => The new legislation on Inclusive Education introduced by Decree-Law 3/2008 of 7 January, and amended by Law 21/2008 of 12 May, led to the closure of special education schools and the mainstreaming of disabled children and young people into regular schools. According to this legal framework special education is organized around a 'diversity of models of integration’, providing every child with ‘the least restrictive environment’ as long as ‘from the modality of integration does not result segregation or exclusion of the child or youth with special needs' (Art. 4(6)). However, in situations, where the implementation of special education measures is insufficient, given the type and degree of the student’s disability, those who participate in the referral and assessment of the child (including parents) 'may suggest the attendance of a special school' (Art. 4(7)). Attendance at a special school is therefore seen by the law as the last resource, when inclusion in mainstream school fails. The parents according with Decree-Law 3/2008 of 7 January can contest placement in a special school and any other decision regarding the provision of educational supports to their children. When parents do not agree with the measures proposed by the school, including the decision to place the child in a special school, they may appeal the decision by submitting a written file to the Ministry of Education. No reference is made in the legislation, however, to the ability of children or young people to contest decisions made in relation to their own education. [update_date] => 2016-03-16 15:43:48 [links] => Array ( [0] => stdClass Object ( [title] => Decree-Law of Inclusive Education (3/2008 of 7 January) [url] => http://www.inr.pt/bibliopac/diplomas/dl_3_2008.htm ) [1] => stdClass Object ( [title] => Amended Law 21/2008 of 12 May [url] => http://www.ige.min-edu.pt/upload/Legisla%C3%A7%C3%A3o/Lei_21_08.pdf ) ) ) [33] => stdClass Object ( [parent] => E. Education [theme_title] => E2. Mainstream schools [theme_slug] => e2-mainstream-schools [theme_id] => 33 [contents] => The Portuguese State created in 2008 by Decree-Law 3/2008 of 7 January and Law 21/2008 of 12 May the inclusive education. The UN Committee on the Rights of Persons with Disabilities in its Concluding Observations on the initial report of Portugal considers these laws among the positive aspects of the Portuguese legal reforms. The aim of inclusive education is to integrate children and young people with special needs into public mainstream schools in order to promote their integration into the community. All public and publicly-funded private schools by the Ministry of Education are subject to the principle of non-discrimination on the grounds of disability and therefore cannot deny registration of disabled children and young people (and are required to provide education according to their needs). Once a child or a young person with disability is referred to a school, an assessment of the student is made by the department of special education and the psychology department of the school. This assessment should determine whether the child has, or has not got ’significant limitations at the level of activity and participation in one or various domains of life, resulting from functional or structural permanent impairments’ (Art. 1). The International Classification of Functioning, Disability and Health (ICF) provides the reference for the students' assessment. Parents are entitled to actively participate in the evaluation process of their children, but no reference is made in the law as to the participation or voice of the child/young person. The outcome of the assessment is a technical-pedagogical report that becomes the basis for the elaboration of the students' individual education plans (IEP). An IEP establishes the specific education and evaluation strategies that will be put in place for the student, the school subjects that will be covered, the general and specific goals that will be achieved, and the human and technical resources that will be needed, including special equipment and materials. Parents should sign the IEP as a means of expressing their agreement (Art. 9). At the end of every school year a report is produced stating the student’s achievements in relation to the Plan. This report must be signed by all participants in the education process, including the parents (Art.13). When the school does not have the human resources needed to implement the IEP, particularly if specialised professionals such as speech therapists, occupational therapists, psychologists, sign language interpreters and teachers are required, schools are entitled by law to hire them, 'under the regular legal and procedural terms' (Art.29). Schools are also encouraged to establish partnerships with private non-profit organizations and specialised resource centres in order to get these supports (CRIs). Education is free for all students until grade 9 so it is up to the Ministry of Education to provide the human and technical resources and materials necessary to guarantee the education of children, regardless their disabilities. Law 85/2009, of 27 August, extended compulsory education from 9 to 12 years entered into effect in the school year of 2012/13. Students with disabilities were also affected by this law. In 2015, Ordinance 201-C/2015, of 10 July, introduced the Individual Transition Plans (Planos Individuais de Transição – PIT) to promote the transition from school to the community for pupils with disabilities of 15 years of age or older who attend regular secondary schools (11-12 school years) and have IEP. The PIT aims to provide students with disabilities with the opportunities and skills needed for their inclusion and participation in all areas of adult life. Therefore it may include short-term placements in companies within the open labour market (2 or 3 days a week). [update_date] => 2017-05-09 15:52:31 [links] => Array ( [0] => stdClass Object ( [title] => Decree-Law 3/2008, of 7 January [url] => http://www.inr.pt/bibliopac/diplomas/dl_3_2008.htm ) [1] => stdClass Object ( [title] => Law 21/2008, of 12 May [url] => http://www.ige.min-edu.pt/upload/Legisla%C3%A7%C3%A3o/Lei_21_08.pdf ) [2] => stdClass Object ( [title] => Law 85/ 2009, of 27 August [url] => http://www.dge.mec.pt/sites/default/files/EInfancia/documentos/lei_85_2009.pdf ) [3] => stdClass Object ( [title] => Ordinance 201-C/2015, of 10 July [url] => https://dre.pt/application/file/69773363 ) [4] => stdClass Object ( [title] => Concluding Observations of the UN Committee on the Rights of Persons with Disabilities on the Initial CRPD Report of Portugal [url] => http://oddh.iscsp.utl.pt/index.php/en/2013-01-30-12-09-21/eventos-uk/item/265-concluding-observations-on-the-initial-crpd-report-of-portugal ) ) ) [34] => stdClass Object ( [parent] => E. Education [theme_title] => E3. Sign language and Braille in school [theme_slug] => e3-sign-language-and-braille-in-school [theme_id] => 34 [contents] => Decree-Law 3/2008 of 7 January established the so-called 'reference schools' for deaf and/or blind or low vision students. These reference schools are public mainstream schools, which concentrate human and technical resources for the students to learn Braille or Sign Language from preschool to the end of compulsory education. Whether or not is located in their neighbourhood, deaf and/or blind or low vision students attend the closest reference school. [update_date] => 2016-03-16 15:50:37 [links] => Array ( [0] => stdClass Object ( [title] => Decree-Law 3/2008 of 7 January [url] => http://www.inr.pt/bibliopac/diplomas/dl_3_2008.htm ) ) ) [35] => stdClass Object ( [parent] => E. Education [theme_title] => E4. Vocational training [theme_slug] => e4-vocational-training [theme_id] => 35 [contents] => The National Employment and Vocational Training Institute (Instituto do Emprego e Formação Profissional, IEFP, I.P.) is the main organisation in Portugal that is responsible for the qualification and integration of people into the labour market as well as for the implementation of active measures to enhance the employability of persons with disabilities. The IEFP funds these programmes through ESF funds and the services are mostly delivered by a network of private non-profit vocational training centres. The IEFP in cooperation with these centres offers two main training schemes for people with disabilities:

  1. regular training available to all people, in which people with disabilities can also participate (although this happens in very few cases);
  2. training programmes targeted specifically to persons with disabilities.

The Employment and Support to the Qualification of Persons with Disabilities Programme (Programa de Emprego e Apoio à Qualificação das Pessoas com Deficiência e Incapacidade) was introduced by Decree-Law No. 290/2009, of 12 October, and amended through Law No. 23/2011, of 16 June, and Decree-Law No. 131/2013, of 11 September. The third (and latest amendment) was made by Decree-Law 108/2015, of June 17. According to Decree-Law 108/2015, of June 17 (Capitulo II, Articles 6-8) and Ordinance 8376-B/2015, of 30 July (as amended by Ordinance 9251/2016 of 20 July), this Programme aims the acquisition and development of the vocational skills needed to perform an activity in the open labour market. It may include initial training or continuing training programmes. The initial training programme is preceded by a general assessment of the future trainees’ needs and qualifications (skills) and may last from 2 900 to 3 600 hours depending on the level of an impairment of the trainee. The continuing training programme lasts 400 hours and is intended for those persons with disabilities (employed or unemployed) who have already participated in an initial training and want to raise their professional qualifications (or are required to do so by their employer). In addition, the Youth Guarantee Programme (PNI-GJ ou Guarantia Jovem) introduced through Resolution of the Council of Ministers 104/2013, of 19 December (Plano Nacional de Implementacao de Uma Garantia para a Juventude), has put forward a number of measures that simultaneously develop the qualifications and promote the employability of young people, especially those who are neither in employment nor in education (NEETs), as well as young people at risk of social exclusion and/or from marginalised communities (including youth with disabilities). The Youth Guarantee Initiative is also coordinated by the IEFP and covers a range of programmes in education (secondary and professional education courses), vocational training, internships and employment support programmes.

The overall prohibition of discrimination on the grounds of disability is regulated by the following legislation: The Framework Law on Prevention and Rehabilitation of Persons with Disabilities (Law 38/2004 of 18 August); and Anti-discrimination Law (Law 46/2006 of 26 August). These laws, and particularly the anti-discrimination law, prohibit direct and indirect forms of discrimination based on disability, beyond school age and therefore apply to vocational training programmes too. Decree-Law 13/2015, of 26 January, further recognized the general principle of non-discrimination in access to vocational rehabilitation and employment of vulnerable populations. [update_date] => 2017-05-09 16:04:52 [links] => Array ( [0] => stdClass Object ( [title] => IEFP, I.P. [url] => https://www.iefp.pt/formacao-para-pessoas-com-deficiencia-e-incapacidades ) [1] => stdClass Object ( [title] => Law 38/2004, of 18 August [url] => http://www.inr.pt/bibliopac/diplomas/lei_38_2004.htm ) [2] => stdClass Object ( [title] => Law 46/2006, of 26 August [url] => http://www.inr.pt/bibliopac/diplomas/lei_46_2006.htm ) [3] => stdClass Object ( [title] => Decree-Law 108/2015, of 17 June [url] => https://www.portugal2020.pt/Portal2020/Media/Default/Docs/Legislacao/Nacional/DecretoLei108_2015.pdf; Information on Individual ) [4] => stdClass Object ( [title] => Ordinance 259/2014, of 15 December [url] => https://dre.pt/application/conteudo/64797337 ) [5] => stdClass Object ( [title] => Ordinance 149-B/2014, of 24 July [url] => https://www.iefp.pt/en/estagios ) [6] => stdClass Object ( [title] => Resolution of the Council of Ministers 104/2013, of 19 December [url] => http://www.qren.pt/np4/4066.html ) [7] => stdClass Object ( [title] => Decree-Law 13/2015, of 26 January [url] => https://dre.pt/application/conteudo/66325237 ) [8] => stdClass Object ( [title] => Guarantia Jovem [url] => https://www.garantiajovem.pt/formacao ) ) ) [36] => stdClass Object ( [parent] => E. Education [theme_title] => E5. Higher education [theme_slug] => e5-higher-education [theme_id] => 36 [contents] => Other than the Anti-Discrimination Act (Law 46/2006 of 28 August), which prohibits discrimination in all areas of social life, including education, Portuguese Universities are not subject to any legislation imposing duties in relation to students with disabilities. Nevertheless the legislation that regulates the national application process to higher education establishes a quota (of 2%) for students with physical and sensorial disabilities (Ordinance 197-B/2015). In order to benefit from this quota, disabled students must fulfil all the requirements of a regular applicant. In addition, they are required to fill out a special form and submit detailed medical evidence about their impairments to prove their disability. Reports discussing the students’ educational process, as well as the type and degree of success of the adjustments and adaptations that have been developed in previous school years are also required. A decision on whether the student is entitled to benefit from the quota is made on the basis of a paper analysis complemented, if deemed necessary, with interviews conducted by an evaluation committee (appointed by the Minister, on a joint proposal of the Directors of the Departments of Secondary and Higher Education). However, recent data have shown that the majority of students with disabilities enter higher education without using the quota. Whether or not a student with disabilities enrolls in university through the special quota, the support he/she will be provided with will depend on what is available in each institution. The Law on Higher Education Funding (Law 37/2003 of 22 August) in its paragraph 4, Article 20 states, nevertheless, that universities should consider 'providing specific supports for students with disabilities'. Accordingly, some universities develop guidelines for faculty and staff, set up Disabled Student Support Offices and provide accessible materials and equipment. In contrast, other universities have no support available to disabled students. Recently, a draft resolution (358/XIII/1ª) has been submitted to the Parliament that proposes to introduce new legislation to regulate the provision of individual support to students with disabilities in tertiary education. The government has also created a Working Group with several civil society participants to gather ideas and recommendations regarding support to students with disabilities in higher education and research. The State Budget for 2017, approved by Law 42/2016, of December 28 (Article 161), introduced a scholarship paid to new students since the academic year of 2017/2018 with an incapacity level equal to or over 60%, to cover the students’ university fee. [update_date] => 2017-05-09 15:55:44 [links] => Array ( [0] => stdClass Object ( [title] => Information on Access to Higher Education, Special Quota for Disabled Students [url] => http://www.dges.mctes.pt/DGES/pt/Estudantes/Acesso/ConcursoNacionalPublico/Contingentes/Deficientes.htm ) [1] => stdClass Object ( [title] => Law 46/2006, of 28 August [url] => http://www.inr.pt/bibliopac/diplomas/lei_46_2006.htm ) [2] => stdClass Object ( [title] => Ordinance 197-B/2015, of 3 July [url] => https://dre.pt/application/file/69723807 ) [3] => stdClass Object ( [title] => Law 37/2003, of 22 August [url] => http://www.ipl.pt/sites/default/files/ficheiros/servicos/Lei_37_2003_22_Agosto.pdf ) [4] => stdClass Object ( [title] => Information on support provided by the higher education institutions to disabled students [url] => http://www.gtaedes.pt/estudo-e-publicacoes/ ) [5] => stdClass Object ( [title] => Draft resolution (358/XIII/1ª) [url] => https://dre.pt/application/conteudo/106470377 ) [6] => stdClass Object ( [title] => Law 42/2016, of 28 December (State Budget 2017) [url] => https://dre.pt/home/-/dre/105637672/details/maximized ) ) ) [38] => stdClass Object ( [parent] => F. Employment [theme_title] => F1. Non-discrimination in employment [theme_slug] => f1-non-discrimination-in-employment [theme_id] => 38 [contents] => The principle of non-discrimination in occupation and employment for people with disabilities is mostly promoted and enforced in Portugal through the Labour Code. The Labour Code, approved by Law 7/2009 of 12 February (including all the subsequent amendments), provides to any employee or job candidate the right not to be directly or indirectly discriminated against, based on several personal characteristics, including disability, reduced working capacity or chronic disease (Article 24(1)). This right applies to: a) recruitment, selection and hiring processes; b) access to vocational guidance, training and retraining; c) payment and other reward systems as well as career development or dismissal; and d) participation in collective bargaining structures. Employers are also required to post in the workplace, a list with the rights and duties related to equality and non-discrimination. Positive discrimination, in the form of timely limited legislative measures to benefit a discriminated group and correct a situation of inequality, is also allowed under Article 27. In a specific section dedicated to 'workers with disabilities or chronic diseases', the law states that these workers have the same rights and duties as all other ’regular’ workers, and affirms the duty of the State to stimulate and support employers in their hiring and professional rehabilitation (Article 85). Employers shall take all adequate measures to guarantee that these workers have the rights of getting access to a job and to be able to advance in a career, unless the costs involved are considered disproportionate (Article 86(1)). Considering that the State must support the employer within this process (Article 86(2)), the situation of disproportionate costs is not considered a plausible excuse whenever there is State aid available (Article 86(3)). Furthermore, workers with disabilities or chronic diseases are exempt from providing work in specially organised working schedules or during the night whenever this may be harmful for their health or safety (Article 87), and they shall also be exempt from overtime work (Article 88). In the subsection related to 'workers with reduced working capacity' the law states that employers must enable working conditions to these workers, namely by providing workplace adjustments, and promoting adequate vocational training and professional development (Article 84(1)). These accommodation measures must be supported by the State (Article 84(2)). The Anti-discrimination Law (Law 46/2006 of 28 August) dedicates the whole Article (Art. 5) to prevent discrimination in the workplace, restricting the principle of 'reasonable accommodation' to situations occurring in this realm. Under the Anti-discrimination Law, individual persons or disability organizations on their behalf, may submit complaints reporting situations of discrimination. However, the burden of proof remains with the plaintiff, who needs to substantiate his/her complaint. In order to promote the integration of persons with disabilities in the Public Administration, Decree-Law 29/2001, of 3 February, established a mandatory quota for public service external admissions: 5% of places should be reserved for persons with disabilities when the application process involves ten or more places; one place when it involves between three and nine places; and preference should be given to the candidate with disabilities before an equal ranking situation when application involves one or two places. [update_date] => 2017-08-28 12:09:39 [links] => Array ( [0] => stdClass Object ( [title] => Labour Code [url] => http://dre.pt/pdf1sdip/2009/02/03000/0092601029.pdf ) [1] => stdClass Object ( [title] => Anti-discrimination Law [url] => http://www.inr.pt/bibliopac/diplomas/lei_46_2006.htm ) [2] => stdClass Object ( [title] => Disability Act [url] => http://www.inr.pt/bibliopac/diplomas/lei_38_2004.htm ) [3] => stdClass Object ( [title] => Decree-Law 108/2015, of June 17 (amending Decree-Law 290/2009 of 12 October) [url] => https://dre.pt/application/file/67508037 ) [4] => stdClass Object ( [title] => Quota System for Persons with Disabilities in the public sector (Decree-Law 29/2001 of 3 February) [url] => http://dre.pt/pdf1sdip/2001/02/029A00/05870589.pdf ) [5] => stdClass Object ( [title] => Decree-Law 290/2009 of 12 October [url] => http://dre.pt/pdf1sdip/2009/10/19700/0748207497.pdf ) ) ) [39] => stdClass Object ( [parent] => F. Employment [theme_title] => F2. Public employment services [theme_slug] => f2-public-employment-services [theme_id] => 39 [contents] => Through Decree-Law 290/2009 of 12 October (including its subsequent amendments: Law 24/2011, of June 16; Decree-Law 131/2013, of September 11, and Decree-Law 108/2015, of 17 June) the Portuguese Government created the Programme for Employment and Support of the Qualification of Persons with Disabilities (Programa de Emprego e Apoio à Qualificação das Pessoas com Deficiência e Incapacidade). The Institute for Employment and Vocational Training (IEFP, I.P.) in cooperation with its Vocational Training Centres that are private non-profit entities with expertise on working with people with disabilities and accredited by the IEFP as support structures, implement this Programme. The accredited Centres obtain funding from the IEFP to support the integration of persons with disabilities of all ages into the labour market. These Centres offer the following support services:

  1. Support for integration, reintegration and maintenance in the labour market (Apoios à integração, manutenção e reintegração no mercado de trabalho):
    • information, assessment and guidance to qualification and employment (Infomação, avaliação e orientação para qualificação);
    • support for integration into the workplace (apoio à colocação);
    • post-placement follow-up (acompanhamento pós-colocação);
    • workplace adjustments and removal of architectural barriers (apoio para adaptação de postos de trabalho).
  2. Traineeships and job placements in mainstream and sheltered employment
    • Employment traineeships (Estágios Emprego) – maximum 12 months;
    • Employment contract (Contrato-Emprego) – minimum 12 months for short-term contracts;
    • Insertion Employment Contract (Contrato-Emprego de Inserção (CEI) and CEI+) – maximum 12 months;
    • Supported employment in the open labour market (Emprego Apoiado) - maximum 36 months;
    • Sheltered employment in special supported employment centres (Emprego Protegido).

Most of these measures are in place since 2009, as regulated by Decree-Law 290/2009 , of 12 October; however, some are more recent, and were only introduced by Decree-Law 108/2015, of 17 June, as a third amendment to Decree-Law 290/2009, specifically:
  • The Inclusive Employer Brand (Marca Entidade Empregadora Inclusiva), which is a new measure, allocated as a public award (Prémio de Mérito) (Art. 1; Art. 79-81);
  • Job-placement assistance (apoio à colocação) which already existed but has been extended from 6 to a maximum of 12 months (Article 23, §1);
  • Post-placement follow-up services (acompanhamento pós –colocação) which already existed but have become also available to employees who acquired disabilities while working (Articles 25), and the duration of the service was extended from 24 up to 36 months for persons with disabilities participating in supported employment in the open labour market (Article 27);
  • Supported employment in the open labour market (emprego apoiado em mercado aberto) which now can involve persons with incapacity levels between 30% and 90% (instead of the previous 30% to 75%) (Articles 54-55).

In addition to these measures, a Network of Inclusion Service Centres (Rede de Balcões da Inclusão) has been launched in 2016 including eighteen offices in the regional departments of Social Security. These Centres provide information to persons with disabilities and their families related to social benefits, technical assistance as well as available employment and vocational training. [update_date] => 2017-08-28 13:09:34 [links] => Array ( [0] => stdClass Object ( [title] => Programme for Employment and Supported Qualification of Persons with Disabilities and Impairments (IEFP webpage) [url] => https://www.iefp.pt/en/reabilitacao-profissional ) [1] => stdClass Object ( [title] => Decree-Law 108/2015 of 17 June [url] => https://dre.pt/application/file/67508037 ) [2] => stdClass Object ( [title] => 'Inclusive Employer Brand' [url] => https://www.iefp.pt/noticia?item=4694823 ) [3] => stdClass Object ( [title] => Employment traineeships [url] => https://www.garantiajovem.pt/estagios ) [4] => stdClass Object ( [title] => Support for integration [url] => https://www.iefp.pt/apoios-a-contratacao ) [5] => stdClass Object ( [title] => Network of Inclusion Service Centres [url] => http://www.inr.pt/content/1/4382/balcao-da-inclusao-mais-proximo-das-pessoas-com-deficiencia ) ) ) [40] => stdClass Object ( [parent] => F. Employment [theme_title] => F3. Workplace adaptations [theme_slug] => f3-workplace-adaptations [theme_id] => 40 [contents] => Within the Portuguese legal framework reasonable accommodation is foreseen in relation to work and employment in the following legislation: Labour Code; Anti-discrimination Law 46/2006 and Decree-law 290/2009 amended by Decree-Law 108/2015, of 17 June. The Labour Code establishes the duty of 'reasonable accommodation' by stating in its Article 84 that employers 'should take appropriate measures to ensure access to employment and a career path to persons with disability and chronic disease, except if those measures impose a disproportionate burden'. The Anti-discrimination Law (Law 46/2006, of 28 August) considers discriminatory any actions of employers or recruitment agencies that restrict access of persons with disabilities to employment or result in termination of the employment contract (Art. 5). However, the law also states that the feasibility of the employer to undertake appropriate measures will be examined in every situation to determine if such measures impose a disproportionate burden on the employer.

To help employers with adaptation/accommodation costs, the IEFP provides funding through the Support Programme for Employment and Vocational Training of Persons with Disabilities (as regulated Decree-law 290/2009, amended by Decree-Law 108/2015). According to Decree-Law 108/2015, of 17 June (Sec. VI, Art. 33) the financial support for workplace adaptations is available both to public-sector and to private employers (except State administration), to compensate workplace adaptations, elimination of architectural barriers, wages and social security contributions if they employ persons with disabilities.

The IEFP Manual of 22 June 2015 clarifies the conditions for providing support for workplace adjustments and the removal of architectural barriers. This support can be provided to persons with disabilities in search of their first job and who are registered at Employment Centre or who are attending vocational training (initial and continuing – see E4 for details) and to workers who acquired disability during their professional life and need an adaptation in order to maintain their job. Funding, however, is not available for cases, in which the need for workplace adjustments results from a work-related accident or an occupational disease. The provision of post-placement support for persons with disabilities who participate in vocational training and qualification programmes may include (as regulated by Order 9251/2016, of 20 July, Chapter IV): adaptation or reorganisation of job tasks for a person with disabilities returning to work; social integration into the work environment; development of social and personal skills; support for accessibility (from 12 to 24 months, and up to 36 months for supported employment in the open labour market). [update_date] => 2017-08-28 12:30:58 [links] => Array ( [0] => stdClass Object ( [title] => Labour Code [url] => http://www.cite.gov.pt/pt/legis/CodTrab_indice.html ) [1] => stdClass Object ( [title] => Anti-discrimination Law [url] => http://www.inr.pt/bibliopac/diplomas/lei_46_2006.htm ) [2] => stdClass Object ( [title] => Decree-Law 108/2015, of 17 June [url] => https://dre.pt/application/file/67508037 ) [3] => stdClass Object ( [title] => IEFP Manual, of 22 June 2015 [url] => https://www.iefp.pt/documents/10181/190877/Manual+procedimentos+-+30-07-2015/5d4e85ed-bf5c-4fc6-84f6-e1fc33df7e68 ) [4] => stdClass Object ( [title] => Order 9251/2016, of 20 July [url] => https://dre.tretas.org/dre/2670683/despacho-9251-2016-de-20-de-julho ) ) ) [41] => stdClass Object ( [parent] => F. Employment [theme_title] => F4. Financial incentives [theme_slug] => f4-financial-incentives [theme_id] => 41 [contents] => There are some direct financial wage subsidies for employers who hire disabled people in the open labour market, and some assistance is also available with the provision of reasonable accommodations, as well as some exemptions in contributions for social security. According to Decree-Law 108/2015, of 17 June (Section V, Art. 57), employers providing Supported Employment in the open labour market can request co-funding of expenses with wages and social security contributions. In addition, given the high rate of unemployment in Portugal, the government has created the Youth Incentive Programme (Garantia Jovem) that allows a reduction of the social security contribution to employers who hire long-term unemployed youth, 18-30 years old, including youth with disabilities. As part of the Youth Incentive Programme, employers can also get financial support from The National Employment and Vocational Training Institute (IEFP, I.P.) to provide Employment Contracts (Contrato-Emprego) for young people, including youth with disabilities (as regulated by Ordinance 34/2017, of 18 January) or Professional traineeships – Estagios Emprego (as regulated by Ordinance 149-B/2014 of 24 July, and Order 9841-A/2014 of 30 July). For traineeships, the IEFP may cover up to 80% of the monthly stipend per participant, as well as meals, transportation and work insurance costs. In case the employer signs an employment contract with a person with disabilities, the financial assistance for Employment Contact measure increases up to 10% and equals EUR 4.171,07 for permanent employment contracts and EUR 1.390,36 for temporary contracts.

The IEFP provides financial support to purchase, adapt or repair specialised or commercially available devices, equipment or technical systems to prevent, compensate, or neutralise the activity limitations and participation restrictions in access to employment and/or during participation in vocational training programmes or needed for career progression (see IEFP Manual). Decree-Law 108/2015, of 17 June, (Section VI Adaptação de postos de trabalho e eliminação de barreiras arquitetónicas) regulates provision of financial assistance (usually in the form of a lump-sum subsidy) to public and private employers for making workplace adaptations for persons with disabilities who who are registered at the IEFP Employment Centres and attend vocational training (in the open labour market), are looking for their first job and are employed with a minimum one-year contract. This support cannot exceed 16 times of the IAS or EUR 6,741.12 (EUR 421.32 x 16) in 2017 (Social Support Index - IAS is EUR 421.32 in 2017) for each person with disability, and/or 50% of the total adaptation cost in case of maintenance of employment or elimination of architectural barriers. Decree-Law 108/2015, of 17 June (Art. 34), has extended this financial support for workplace adaptations to the public-sector (except State administration). [update_date] => 2017-09-05 15:14:21 [links] => Array ( [0] => stdClass Object ( [title] => IEFP support (Apoios à Integração, Manutenção e Reintegração no Mercado de Trabalho) [url] => https://www.iefp.pt/en/reabilitacao-profissional ) [1] => stdClass Object ( [title] => Decree-Law 108/2015 of 17 June [url] => https://dre.pt/application/file/67508037 ) [2] => stdClass Object ( [title] => Incentives to promote youth employment (Guarantia Jovem) [url] => https://www.garantiajovem.pt/o-que-e-agarantia-jovem ) [3] => stdClass Object ( [title] => Ordinance 149-B/2014 of 24 July [url] => https://dre.tretas.org/dre/318452/portaria-149-B-2014-de-24-de-julho ) [4] => stdClass Object ( [title] => The IEFP Manual (allocation of support products) [url] => https://www.iefp.pt/documents/10181/190915/Manual+de+Produtos+de+apoio+-+2.%C2%AA%20revis%C3%A3o+-+15+de+maio+de+2014/3d841d81-edbb-409f-b93b-6e1ccd987e00 ) [5] => stdClass Object ( [title] => Ordinance 34/2017 of 18 January (Contrato--Emprego) [url] => https://dre.pt/application/file/a/105776416 ) [6] => stdClass Object ( [title] => Order 9841-A/2014 of 30 July [url] => https://dre.tretas.org/dre/318534/despacho-9841-A-2014-de-30-de-julho ) ) ) [43] => stdClass Object ( [parent] => G. Statistics and data collection [theme_title] => G1. Official research [theme_slug] => g1-official-research [theme_id] => 43 [contents] => The National Institute for Rehabilitation (INR, I.P.) is the official body responsible for research on disability equality and for the collection of data and statistics on disability (Decree-Law 217/2007 of 29 May and Order 641/2007 of 30 May). The INR, I.P. is a public body that operates under the tutelage of the Ministry of Solidarity and Social Security. The INR, I.P. worked with the national statistics agency (Instituto Nacional de Estatística, INE) to develop the questions about activity limitation that were included in the 2011 Census, endorsed by the Washington Group questions on disability. In addition, occasionally the INR, I.P. commissions independent research on disability issues. The most recent studies date from 2010 and have focused on the costs of disability, as well as on the discrimination of women with disabilities. Final reports are available from these studies. [update_date] => 2016-03-16 17:58:42 [links] => Array ( [0] => stdClass Object ( [title] => Information on the National Institute for Rehabilitation (INR, I.P.) [url] => http://www.inr.pt/category/1/4/quem-somos ) [1] => stdClass Object ( [title] => Decree-Law 217/2007 of 29 May [url] => http://www.inr.pt/bibliopac/diplomas/dl_217_2007.htm ) [2] => stdClass Object ( [title] => Order 641/2007 of 30 May [url] => http://www.seg-social.pt/documents/10152/21721/Port_640_2007 ) [3] => stdClass Object ( [title] => Study on the Evaluation Impact of Financial and Social Costs of Disability [url] => http://www.inr.pt/content/1/1390/estudo-de-avaliacao-do-impacto-dos-custos-financeiros-sociais-da-deficiencia ) [4] => stdClass Object ( [title] => Study on the Impact of Discrimination on the grounds of Women Disability [url] => http://www.inr.pt/content/1/1153/impacto-da-discriminacao-com-base-na-deficiencia-nas-mulheres ) ) ) [44] => stdClass Object ( [parent] => G. Statistics and data collection [theme_title] => G2. Census data [theme_slug] => g2-census-data [theme_id] => 44 [contents] => Every ten years the National Institute for Statistics (INE) carries out the Portuguese Census. In 2001 the Census included for the first time questions about disability. The data collected is accessible to the wider public via the INE website and has been discussed in a paper published in the Institute journal, Demografia. A new set of questions was developed in the Census conducted in 2011 to address disability concerns. These new questions were based on the Washington Group on Disability Statistics methodology. The aim was to evaluate the degree of difficulty that people experience in everyday life 'as an outcome of their health status or aging'. The following questions were asked: Do you have difficulty seeing, even if using glasses or contact lenses?; Do you have difficulty hearing, even if using a hearing aid?; Do you have difficulty walking or climbing stairs?; Do you have difficulty remembering or concentrating?; Do you have difficulty bathing or dressing yourself?; Do you have difficulty understanding others or making yourself understood? For each question, the following options were presented: A. No difficulty or just a little; B. A lot of difficulty; C. Cannot do at all. The National Statistics Institute (INE) issued, in December 2012, a brochure entitled 'Health and Incapacities in Portugal in 2011', which provides a summary of the results of the ad hoc module of the Labour Force Survey on Persons with Disabilities, held in the second quarter of 2011, and the results of the 2011 Census. [update_date] => 2016-03-16 18:08:16 [links] => Array ( [0] => stdClass Object ( [title] => 2011 Census [url] => http://censos.ine.pt/xportal/xmain?xpid=INE&xpgid=ine_censos2011_asp_org_questionario ) [1] => stdClass Object ( [title] => Health and Incapacities in Portugal in 2011 [url] => http://oddh.iscsp.utl.pt/index.php/pt/2013-04-24-18-50-23/outras-publicacoes/item/113-indicadores-demogr%C3%A1ficos-da-defici%C3%AAncia-resultados-dos-censos-2011-e-do-inqu%C3%A9rito-ao-emprego-das-pessoas-com-defici%C3%AAncia-%E2%80%93-m%C3%B3dulo-ad-hoc ) [2] => stdClass Object ( [title] => INE Report [url] => https://www.ine.pt/xportal/xmain?xpid=INE&xpgid=ine_destaques&DESTAQUESdest_boui=149162513&DESTAQUESmodo=2 ) ) ) [45] => stdClass Object ( [parent] => G. Statistics and data collection [theme_title] => G3. Labour Force Survey [theme_slug] => g3-labour-force-survey [theme_id] => 45 [contents] => The National Institute of Statistics (INE) carries out every three months the Labour Force Survey (LFS). Persons with disabilities have not been identified in the survey. Nevertheless, in 2002 the data about disabled people were included in a special module. This happened again in the module that accompanied the application of the LFS in the second trimester of 2011. The module Employment of Persons with Disabilities 2011 (EPD 2011) targeted persons with disabilities aged 15-64, living in Portugal. The aim of the module was to provide information about the situation of persons with disabilities in the labour market, compared with that of persons without disabilities. Persons living in collective accommodation such as hotels, pensions and institutions, and individuals living in mobile homes were excluded from this survey. The EPD 2011 module included 11 indicators to describe the main long-term health problems, the main activity limitations and the limitations and special needs that result from them: four indicators to identify the two major health problems and the two major difficulties in daily life activities (19 questions); three indicators to evaluate the association between health problems and difficulties in daily life activities and limitations in the work schedule, the work tasks and transportation to and from work (12 questions); three indicators to determine needs for assistance with health problems or with daily life activities (three questions); and one indicator to identify the main causes of limitations in work abilities (ten questions). A summary of the results obtained with the ad hoc module of the LFS on persons with disabilities, held on the second quarter of 2011, as well as the results of the 2011 Census, was provided in a brochure entitled 'Health and Incapacities in Portugal in 2011', published by the National Statistics Institute (INE) in December 2012. [update_date] => 2016-03-16 18:14:46 [links] => Array ( [0] => stdClass Object ( [title] => ad hoc module of the Labour Force Survey on Persons with Disabilities [url] => http://smi.ine.pt/SuporteRecolha/Detalhes/?id=10015&lang=EN ) [1] => stdClass Object ( [title] => Health and Incapacities in Portugal in 2011 [url] => http://oddh.iscsp.utl.pt/index.php/pt/2013-04-24-18-50-23/outras-publicacoes/item/113-indicadores-demogr%C3%A1ficos-da-defici%C3%AAncia-resultados-dos-censos-2011-e-do-inqu%C3%A9rito-ao-emprego-das-pessoas-com-defici%C3%AAncia-%E2%80%93-m%C3%B3dulo-ad-hoc ) ) ) [46] => stdClass Object ( [parent] => G. Statistics and data collection [theme_title] => G4. Disability equality indicators [theme_slug] => g4-disability-equality-indicators [theme_id] => 46 [contents] => The National Institute for Rehabilitation (INR, I.P.) is the official body responsible for developing disability equality indicators in Portugal. However, there is no evidence that these data have been developed by this Institute. The Disability and Human Rights Observatory (ODDH, School of Social and Political Sciences, University of Lisbon) carried out in 2014 an evaluation study on the rights of persons with disabilities in Portugal. The study was funded by the National Foundation for Science and Technology (FCT). [update_date] => 2016-03-16 18:29:42 [links] => Array ( [0] => stdClass Object ( [title] => Information on the National Institute for Rehabilitation (INR, I.P.) [url] => http://www.inr.pt/category/1/4/quem-somos ) [1] => stdClass Object ( [title] => The ODDH Holistic report of the Evaluation study on the rights of people with disabilities in Portugal [url] => http://oddh.iscsp.utl.pt/index.php/pt/2013-04-24-18-50-23/publicacoes-dos-investigadores-oddh/item/151-monitorização-dos-direitos-das-pessoas-com-deficiência-em-portugal ) ) ) [48] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H1. Awareness raising programs [theme_slug] => h1-awareness-raising-programs [theme_id] => 48 [contents] => According to Decree-Law 217/2007 of 29 May, the National Institute of Rehabilitation (INR, I.P.) is the public body responsible for promoting and raising disability awareness activities. Every year the INR funds disabled people’s organisations to promote awareness raising activities. The INR is also responsible for raising awareness and providing information about accessible tourism, leisure and sport.

In addition, the Programme for Social Inclusion and Employment (Programa Operacional da Inclusão Social e Emprego – PO ISE) has been adopted in line with the Europe 2020 Strategy and the National Reform Programme (NRP) that also targets raising social awareness and providing special training for public servants and other staff about discrimination.

The School of Social and Political Sciences of the University of Lisbon established within the undergraduate programme in Social Work a new course on Social Work and the Human Rights of Persons with Disabilities. The course entered into force in the school year 2015/16. [update_date] => 2016-03-16 18:41:24 [links] => Array ( [0] => stdClass Object ( [title] => Decree-Law 217/2007 of 29 May [url] => http://www.inr.pt/bibliopac/diplomas/dl_217_2007.htm ) [1] => stdClass Object ( [title] => The INR, I.P. [url] => http://www.inr.pt/ ) [2] => stdClass Object ( [title] => The Programme for Social Inclusion and Employment, PO ISE [url] => https://www.portugal2020.pt/Portal2020/Media/Default/Docs/Programas%20Operacionais/TEXTOS%20INTEGRAIS%20DOS%20PO/PO_ISE_17Nov14.pdf ) [3] => stdClass Object ( [title] => The School of Social and Political Sciences of the University of Lisbon [url] => http://www.iscsp.utl.pt/ ) [4] => stdClass Object ( [title] => The University of Lisbon, Undergraduate programme in Social Work, The School of Social and Political Sciences [url] => http://www.iscsp.ulisboa.pt/index.php?option=com_content&view=article&id=510:plano-de-estudos-servico-social&catid=49:servico-social ) ) ) [49] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H2. Training for teachers [theme_slug] => h2-training-for-teachers [theme_id] => 49 [contents] => Since the enactment of Decree-Law 3/2008 of 7 January on Inclusive Education, a number of training programmes started to become available for teachers in this area. Currently, the following options are available to raise awareness of teachers about inclusive education: optional units about special education in some initial teacher training programmes; Postgraduate Diplomas, Master's and PhDs programmes and specialised programmes in special education and early intervention as well as the possibility of developing research, theses and academic work on the topic of special education. The National Institute for Rehabilitation (INR, I.P.) offers every year a number of short training programmes on disability awareness and equality issues that are available to professionals in all areas of work. In addition, the network of the ICT Resource Centres for Special Education (CRTIC) has been created that provide the assessment of students for the purpose of aligning the assistive technologies to their needs, information / training of teachers, professionals, teaching assistants and families about the problems associated with different domains of disability. [update_date] => 2016-03-16 18:46:43 [links] => Array ( [0] => stdClass Object ( [title] => Decree-Law 3/2008 on Inclusive Education [url] => http://dre.pt/pdf1sdip/2008/01/00400/0015400164.PDF ) [1] => stdClass Object ( [title] => The INR, I.P. (short training programmes) [url] => http://www.inr.pt/content/1/1104/proximas-accaooes-de-formacao ) [2] => stdClass Object ( [title] => Special and Inclusive Education, key indicators [url] => http://www.dge.mec.pt/sites/default/files/EEspecial/folheto_estudo_cri_mar2015.pdf ) [3] => stdClass Object ( [title] => Resource Centres for Inclusion [url] => http://www.inr.pt/content/1/674/centros-de-recursos-para-inclusao-lista-das-acreditacoes ) [4] => stdClass Object ( [title] => Statistics about Special Educational Needs – General Directorate of Education [url] => http://www.dgeec.mec.pt/np4/224/ ) [5] => stdClass Object ( [title] => ICT Resource Centres for Special Education [url] => http://www.dge.mec.pt/centros-de-recursos-tic-para-educacao-especial-crtic ) ) ) [50] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H3. Training for lawyers [theme_slug] => h3-training-for-lawyers [theme_id] => 50 [contents] => The subject of the human rights of persons with disabilities is included in Human Rights Courses by some higher educational institutions (e.g. the School for Social and Political Sciences of Technical University of Lisbon). The only initiative that we are aware of in this domain has been the post-graduate diploma on the topic of Law and the Rights of Persons with Disabilities, launched by the Law School of the University of Lisbon in 2009/2010. This specialised training programme was undertaken in collaboration with a disability organisation - LIGA Foundation. Additionally, the Portuguese Bar Association (Ordem dos Advogados) has established an agreement with the Portuguese Association of Persons with Disabilities that envisages information sharing about the rights of persons with disabilities, including participation in different events and publication of information online (Cl. 2,3). Furthermore, both parties are obliged to provide trainings about the rights of persons with disabilities and share training materials (Cl. 4).Another initiative that can be mentioned here is the training offered by the Centre for Judicial Studies, Lisbon, (Centro de Estudos Judiciários) on the Rights of Persons with Disabilities (A25) available to judges / and magistrates / prosecutors and other professionals in this area. For instance, on 19 June 2015 this Centre conducted the training on The Right to Employment, one of presentation of which was about the protection of persons with chronic illness and disability from dismissal. The National Institute for Rehabilitation (INR) offers every year a number of short training programmes on disability awareness and equality issues that are available to professionals in all areas of work. [update_date] => 2017-05-09 15:57:08 [links] => Array ( [0] => stdClass Object ( [title] => The Protocol on Cooperation between the Portuguese Bar Association and the Portuguese Association of Persons with Disabilities [url] => https://www.oa.pt/Conteudos/Artigos/detalhe_artigo.aspx?idc=5&idsc=41455&ida=125211 ) [1] => stdClass Object ( [title] => School for Social and Political Sciences of Technical University of Lisbon [url] => http://www.iscsp.utl.pt/index.php?option=com_content&view=article&id=62&Itemid=285 ) [2] => stdClass Object ( [title] => Law and the Rights of Persons with Disabilities, launched by the Law School of the University of Lisbon [url] => http://www.icjp.pt/cursos/839/programa ) [3] => stdClass Object ( [title] => The INR, I.P. [url] => http://www.inr.pt/content/1/1104/proximas-accaooes-de-formacao ) [4] => stdClass Object ( [title] => The Centre for Judicial Studies, Lisbon, Education/Training Plan 2016-2017 [url] => http://www.cej.mj.pt/cej/forma-continua/fich-pdf/formacao_2016_17/Plano_FC_2016_2017.pdf ) ) ) [51] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H4. Training for doctors [theme_slug] => h4-training-for-doctors [theme_id] => 51 [contents] => The New Code of Ethics of the Medical Association contains special provisions that are directly relevant for persons with disabilities notably: article 6 presents the principle of non-discrimination; article 52 calls special attention towards the elderly and the disabled; and article 53 reminds doctors of their special attention duties in case they suspect of abuse, mistreatment or harassment of an elderly or disabled person. The National Institute for Rehabilitation (INR) offers every year a number of short training programmes on disability awareness and equality issues that are available to professionals in all areas of work. [update_date] => 2016-03-16 18:53:35 [links] => Array ( [0] => stdClass Object ( [title] => The New Code of Ethics of the Medical Association [url] => https://www.ensp.unl.pt/dispositivos-de-apoio/cdi/cdi/sector-de-publicacoes/revista/2000-2008/pdfs/rpsp-1-2009-1/08-2009.pdf ) [1] => stdClass Object ( [title] => The INR, I.P. [url] => http://www.inr.pt/content/1/1104/proximas-accaooes-de-formacao ) ) ) [52] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H5. Training for engineers [theme_slug] => h5-training-for-engineers [theme_id] => 52 [contents] => The National Institute for Rehabilitation (INR, I.P.) regularly offers short training courses on accessibility for engineers, architects, designers, etc. The University of Trás-os-Montes e Alto Douro has created a bachelor degree in Rehabilitation Engineering and Human Accessibility. The website: 'Rehabilitation Engineering' (Engenharia de Reabilitação) was created to promote in Portugal the Rehabilitation Engineering degree and the university education in this area. In addition, a disability organisation, the LIGA Foundation, has offered several trainings, namely the Postgraduate Diploma on Design for Diversity, in 2007, in partnership with University of Lisbon. [update_date] => 2016-06-09 11:11:13 [links] => Array ( [0] => stdClass Object ( [title] => The INR, I.P., training courses [url] => http://www.inr.pt/content/1/1104/proximas-accaooes-de-formacao ) [1] => stdClass Object ( [title] => The University of Trás-os-Montes e Alto Douro [url] => http://www.utad.pt/vPT/Area2/estudar/oferta_educativa/2ciclo/Paginas/2CicloCurso.aspx?idnum=33 ) [2] => stdClass Object ( [title] => Rehabilitation Engineering [url] => http://www.engenhariadereabilitacao.net/ ) [3] => stdClass Object ( [title] => Diploma on Consulting and Accessibility [url] => http://sm.vectweb.pt/media/38/File/ArquivoNoticias/Divulga%C3%A7%C3%A3o%20PG%20Consultoria%20em%20Acessibilidades.pdf ) ) ) [53] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H6. International development aid [theme_slug] => h6-international-development-aid [theme_id] => 53 [contents] => Disability is a topic identified in the bilateral agreements that the Portuguese government has signed with the following states: Spain, Algeria and Cape Verde. These agreements focus on cooperation and exchange of information on a variety of themes, including that of disability. The Resolution of the Council of Ministers 17/2014 approves the Strategic Concept of the Portuguese Cooperation 2014-2020 (Conceito Estratégico da Cooperação Portuguesa) that regulates the cooperation of Portugal with Portuguese-speaking African countries and East-Timor. One of the goals of this Strategy is to support and promote projects to combat poverty among vulnerable groups such as children, elderly, and disabled people. [update_date] => 2016-03-16 18:59:13 [links] => Array ( [0] => stdClass Object ( [title] => Resolution of the Council of Ministers 17/2014 [url] => http://www.gmcs.pt/pt/resolucao-do-conselho-de-ministros-n-172014-aprova-o-conceito-estrategico-da-cooperacao-portuguesa-2014-2020 ) [1] => stdClass Object ( [title] => Community of Portuguese-speaking Countries, Human Rights Initiatives [url] => http://www.cplp.org/id-4222.aspx ) ) ) ) ) ) )