A/HRC/13/10
crisis. The Government will propose to Parliament the adoption of an Equality Act and a
new legislation to allow same sex marriages.
9.
Portugal was recognized by the United Nations in the context of the 2009 Human
Development Report, as the highest ranked country in the world regarding the provision of
support services and access to rights by immigrants. Portugal considered this as a tribute
not only to the efforts of its public administration but also to the efforts of civil society,
private companies, non-governmental organizations, and immigrants themselves with
whom Portugal had been able to work in true partnership to achieve this result.
10.
Portugal had deposited the instruments of ratification of the Convention on the
Rights of Persons with Disabilities and its Optional Protocol. Portugal had also signed the
Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.
Portugal reaffirmed its deep commitment to this new human rights instrument.
11.
Portugal informed that since the 2007 amendment of the Criminal Code, domestic
violence had became a specific crime, punishable with 1 to 5 years of imprisonment. The
prohibition of corporal punishment of children was explicitly confirmed. Two laws setting
the priorities and orientations of criminal policy for the period 2007–2009 and 2009–2011
had both placed domestic violence among the priorities of criminal investigation and
prevention.
12.
This legal framework was completed past September with the enactment of a Law
on compensation to victims of violent crimes and domestic violence and of a separate Law
on the legal regime applicable to the prevention of domestic violence and to the protection
and assistance to its victims, both of which were intended to prevent and repress domestic
violence behaviour as well as to support and promote the autonomy and empowerment of
the victims.
13.
Further, other measures to fight this problem have been included in the third
National Plan against Domestic Violence (2007–2010), of which more than 60 per cent had
already been implemented. Special emphasis had been placed in the training of agents more
directly involved with the protection and assistance of domestic violence victims, including
judges and police agents.
14.
Regarding the use of force by security, judicial and prison officers, including
training and accountability in case of excessive use of force or other violations of human
rights, Portugal informed that all officers received specific training in human rights
throughout their careers. Police forces were subject to the law and to the strict respect of
human rights as established in the Constitution. Accordingly, any violation of human rights
would give rise to criminal liability. Police officers were also subject to their disciplinary
status. All allegations of ill-treatment by any of the officers were investigated and those
found responsible were punished.
15.
Portugal informed that the prison system, as a whole, was not in an overcrowding
situation. The current rate of occupation was 92.6 per cent. However, isolated situations of
overcrowding existed, namely in the Autonomous Region of Azores. The building of two
new prisons was planned to address this. The protection of the rights of children of
prisoners was ensured in accordance with the principle of the best interest of the child
which, in the Portuguese legislation, governs all measures and actions affecting children.
Measures to provide education, training and work to prisoners have been widened in the
last years with good results. In 2008 35 per cent of the prisoners attended educational
programmes.
16.
Portugal informed that the 2007 amendments to the Criminal Code and Criminal
Procedure Code aimed to reinforce the rights and guarantees of citizens and did not in any
way collide with human rights. The preventive arrest time limits were reduced, to safeguard
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