A/HRC/13/10
that no one was deprived from liberty for periods longer than the ones strictly needed for
investigation or conclusion of procedures. The possibility of coercive measures alternative
to preventive arrest was expanded. As for judicial secrecy, the reform aimed at reducing its
scope. In what concerns possible future changes, an independent authority – the Permanent
Observatory of Portuguese Justice – had monitored the amendments and its impact and a
commission created by the Ministry of Justice would evaluate if further changes were
needed.
17.
Portugal emphasized that procedural rights were granted to all detainees within the
judicial system: The defendant has, in every stage of the procedure, the right to be assisted
by a lawyer. The detainee has the right to contact his lawyer immediately after detention
and to communicate with him, orally or in written form, at any time during day or night.
The right to the appointment of an interpreter is established in the Criminal Procedure
Code.
18.
Portugal recognized that a gender pay gap still persisted in the private sector.
However, statistics indicated a positive trend, from 2004 to 2007, being presently 18.8 per
cent. The Commission for Equality in Labour and Employment had only received 3
complaints related to gender pay gap in the period between 2006 and 2009.
19.
The new Labour Code enacted in 2009 established that women were entitled to
receive equal pay for equal work or work of equal value and reinforced this rule through
specific regulations on the question of gender-based equality and non-discrimination.
20.
Portugal underscored that Portuguese law provided for sufficient and adequate
protection of the principle of non-refoulement. The system was in full compliance with the
international obligation to ensure protection from torture as set out in article 7 of the
International Covenant on Civil and Political Rights.
21.
Portugal noted the creation of an Observatory for Trafficking in Human Beings,
which produces, collects, analyses and disseminates data about trafficking and other forms
of gender-based violence; the implementation of an articulated model of signalization,
identification and integration of victims of trafficking, which involves all police forces and
relevant non-governmental organizations; the creation of temporary shelter specific for
victims of trafficking, run by an NGO with government funding; and that the National
Plan’s implementation was being monitored by an independent entity who shall conduct its
impact assessment. As of October 2009, there had been 231 signalled cases of trafficking,
41 confirmed cases, and 16 persons are now in support and protection centres.
22.
Portugal signed the Optional Protocol to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment in 2006. Portugal expressed wish to
ratify it once the independent national preventive mechanism to examine the treatment of
people in detention is in place.
23.
Portugal informed that its Plan of Action for the Integration of Persons with
Disabilities promoted a policy of inclusion of students with permanent special educational
needs in the regular educational system. Following the adoption of this Plan, legislation was
approved in 2008, providing for, inter alia, the development and implementation of
Individual Transition Plans, promoting the transition to post-school life and, when possible,
to the labour market.
24.
Portugal stated that the universal periodic review had set the stage for the most indepth and comprehensive analysis of the national human rights situation. The need for
stronger and sustained inter-ministerial coordination was a challenge that had come to the
fore.
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