A/HRC/42/7/Add.1
1.
Portugal welcomes the recommendations made during its third universal periodic
review on 8 May 2019.
2.
A total of 245 recommendations were formulated during the interactive dialogue.
Portugal immediately accepted 229 (Recommendations 136.1 and 137.1–137.228.) 228 of
which were considered to have already been implemented or in the process of
implementation and took note of 10 (Recommendations 139.1–139.10).
3.
Portugal deferred consideration on 6 recommendations (Recommendations 138.1–
138.6). The latter have been examined within the framework of the Portuguese National
Human Rights Committee and Portugal would like to provide the following responses.
Recommendations enjoying the support of Portugal which
considers that they are already implemented or in the process
of implementation
138.3 Continue to combat racial discrimination and hate speech, and safeguard the
rights of ethnic minorities
138.4 Ensure that its policies, legislation, regulations and enforcement measures
effectively serve to prevent and address the heightened risk of business involvement in
abuses in conflict situations, which include situations of foreign occupation
4.
Businesses operating in Portugal must respect and ensure compliance with national
law, human rights, the United Nations Guiding Principles on Business and Human Rights
and the Organisation for Economic Co-operation and Development (OECD) Guidelines for
Multinational Enterprises.
5.
Portugal is finalizing its National Action Plan on Responsible Business Conduct and
Human Rights and is planning to adopt it before the end of 2019.
6.
Portugal is committed to preventing involvement of any Portuguese company in
human rights abuses and we discourage investment or joint ventures with companies that
are known to do so.
Recommendations noted by Portugal
138.1 Ratify the Convention on the Non-Applicability of Statutory Limitations to
War Crimes and Crimes against Humanity
7.
The Portuguese criminal legislation already foresees the non-applicability of
statutory limitations to war crimes and crimes against humanity.
8.
In fact, Portuguese legislation establishes that criminal proceedings and the penalties
imposed with respect not only to war crimes and crimes against humanity but also to crimes
of genocide and crimes of aggression shall not be subject to any statute of limitations.
9.
Therefore, the purpose aimed by the Convention on the non-applicability of
statutory limitations to war crimes and crimes against humanity is already addressed, with a
wider scope of application, by the Portuguese criminal legislation.
138.2 Take legal measures to adopt a definition of child pornography in line with the
Optional Protocol to the Convention on the Rights of the Child on the sale of children,
child prostitution and child pornography
10.
The crime of child pornography foreseen in article 176 of the Criminal Code
encompasses a wide range of conducts in line with the Optional Protocol to the Convention
on the Rights of the Child.
11.
Although the Criminal Code does not define “child pornography”, it should be noted
that the reception of the rules enshrined in international conventions in the Portuguese legal
order is automatic, which means that the definition of the Optional Protocol to the
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