Portugal

Country status

Portugal ratified the UNESCO Convention against Discrimination in Education on 08/01/1981.

Country status

Portugal ratified the UN Convention on the Elimination of Discrimination against Women on 30/07/1980 with no reservations.

Country status

The right to education is enshrined in the Constitution of Portugal, which contains a provision on equality and non-discrimination based on sex.

Constitution of the Portuguese Republic of 1976, as amended in 2005

Article 13.
(1) Every citizen shall possess the same social dignity and shall be equal before the law.
(2) No one shall be privileged, favoured, prejudiced, deprived of any right or exempted from any duty on the basis of ancestry, sex, race, language, place of origin, religion, political or ideological beliefs, education, economic situation, social circumstances or sexual orientation.
Article 73 (1) Everyone shall possess the right to education and culture.
Article 74 (1) Everyone shall possess the right to education, and the right to equal opportunities and to access to and success in schooling shall be guaranteed.

Country status

The Framework Law on Education as amended, states that all Portuguese people have the right to education, therefore this right does not apply to all within the territory. The law provides that it is the responsibility of the State to guarantee the right to a fair and effective equality of opportunities in school access and success. This provision does not specify the equality of rights without distinction based on sex or gender.

While the law provides that the education system shall ensure equal opportunities for both sexes, it is not guaranteed as a right.

Framework Law on Education No. 46/86 as amended by the Law No. 49/05 (unofficial translation)

Article 2 (1)  All Portuguese have the right to education and culture, under the terms of the Constitution of the Republic.
(2) It is the special responsibility of the State to promote the democratization of education, guaranteeing the right to a fair and effective equality of opportunity in school access and success.

Article 3.
The Education System is organized: …
j) To ensure equal opportunities for both sexes, namely through co-education practices and school and vocational guidance, and to sensitize all those involved in the educational process;

Country status

The Law No. 85/2009 establishes that compulsory education is from the age of six to eighteen years, for a duration of twelve years.

Framework Law on Education (Law No. 46/86) as amended by the Law No. 49/05 (unofficial translation)

Article 6.
(1). Basic education is universal, compulsory and free and lasts for nine years.
(2). Children who reach the age of 6 by 15 September enter primary school.
Article 8.
(1). Basic education comprises three sequential cycles, being the 1st of four years, the 2nd of two years and the 3rd of three years.
Article 10.
(2). The courses of secondary education have the duration of three years.

Law No. 85/2009  (unofficial translation)

Article 1 (1). This law establishes the regime of compulsory education for children and young people of school age.
Article 2 (1). For the purposes of paragraph 1 of the preceding article, children and adolescents are considered to be of school age when their ages are between 6 and 18 years old.

Country status

The Law No. 85/2009 provides for the gratuity of compulsory education, which corresponds to twelve years.

Framework Law on Education (Law No. 46/86) as amended by the Law No. 49/05 (unofficial translation)

Article 6.
(1). Basic education is universal, compulsory and free and lasts for nine years.
(2). Children who reach the age of 6 by 15 September enter primary school.
Article 8.
(1). Basic education comprises three sequential cycles, being the 1st of four years, the 2nd of two years and the 3rd of three years.
Article 10.
(2). The courses of secondary education have the duration of three years.

Law No. 85/2009 (unofficial translation)

Article 1 (1). This law establishes the regime of compulsory education for children and young people of school age.
Article 2 (1). For the purposes of paragraph 1 of the preceding article, children and adolescents are considered to be of school age when their ages are between 6 and 18 years old.
Article 3.
(1). In the context of compulsory education, education is universal and free.
(2). The gratuity includes tuition fees and other fees related to enrollment, school attendance and certification of achievement, and the students have support in the context of school social action, in accordance with applicable law.
(3). The students covered by this law, in a situation of need, are beneficiaries of the granting of financial support, in the modality of scholarships, in terms and conditions to be regulated by decree-law.

Country status

The law establishes the gratuity of pre-primary education which has a duration of two years. However, pre-primary education is not compulsory.

Law No. 85/2009, amended by the Law No. 65/2015 (unofficial translation)

Article 4.
(1). Preschool education is universal for all children from the year they reach 4 years of age.
(2). The universality implies, for the State, the obligation to guarantee the existence of a pre-school education network that allows the enrollment of all the children covered by it and to ensure that this attendance takes place in a regime of gratuity of the educational component

Country status

The Constitution guarantees equal opportunities of access to post-secondary education, however without specifying Technical and Vocational Education and Training.

Constitution of the Portuguese Republic of 1976, as amended in 2005

Article 76.  University and access to higher education
(1). The regime of access to the University and other higher education institutions shall guarantee equal opportunities and the democratization of the education system, taking into account the needs of qualified staff and the elevation of the educational, cultural and scientific level of the country.

Framework Law on Education ( Law No. 46/86) as amended by the Law No. 49/05 (unofficial translation)

Article 11 (1). Higher education comprises university education and polytechnic education.
Article 12 (1). Are eligible to attend higher education, the individuals qualified with the secondary education course or equivalent who prove their ability to attend.
(2) The Government defines, by law decree, the regimes of access and admission to higher education, in compliance with the following principles:
a) Democracy, equity and equality of opportunity;…

Country status

The Civil Code (No. 47344/66) provides that the minimum age for marriage is 18 however, minors can get married at the age of 16 years with parental consent.

Civil Code (No. 47344/66) (unofficial translation)

Article 1601. These are outright impediments, preventing the marriage of the person to any other:(a) the age of less than sixteen years
Article 1612.
(1). Authorization for the marriage of minors under eighteen and over sixteen shall be granted by parents exercising parental responsibility or by a guardian.
(2). The registrar may provide the authorization referred to in the preceding paragraph if powerful reasons justify the conclusion of the marriage and the minor has sufficient physical and mental maturity.

Country status

The Labour Code (Law 7/2009) establishes that the minimum age of admission to work is 16 years old. However, those who have completed compulsory education or are enrolled in secondary education can work which could interfere with their right to education. 

Labour Code (Law No. 7/2009) (unofficial translation)

Article 68.
(1). Only those who have completed the minimum age of admission, completed compulsory education or are enrolled in secondary education and have adequate physical and mental capacity to work may be admitted to work.
(2). The minimum age of admission to work is 16 years

Country status

Corporal punishment is not prohibited in educational institutions settings. No specific provision protecting from violence within educational institutions was identified.

Country status

No legal provision has been identified relating to the right to education of pregnant and parenting girls.

Statute to the Student and School Ethics (Law No. 51/2012) (unofficial translation)

Article 16.
(1) Absences given for the following reasons are considered justified:
g) Attendance at antenatal consultations, delivery  period and breastfeeding, in accordance with the legislation in force;