Mal me Quer, Bem me Quero (EN)

MAL ME QUER BEM ME QUERO

best practice guide to understand and intervene in case of violence and/or discrimination

MAL ME QUER BEM ME QUERO

best practice guide to understand and intervene in case of violence and/or discrimination

TITLE

Mal me Quer, Bem me Quero: Best Practice Guide to Understand and Intervene in case of Violence and/or Discrimination

PROJECT

Bem Me Quer 4G

EXECUTING ENTITY

Amato Lusitano - Associação de Desenvolvimento

PROMOTED BY: Comissão para a Cidadania e Igualdade de Género

CO-FINANCED BY: PO ISE | Programa Operacional Inclusão Social e Emprego

Amato Lusitano - Associação de Desenvolvimento Rua da Fonte Nova, Nº 1 Quinta da Fonte Nova, R/C 6000 - 167 Castelo Branco

Phone: 272 325 126 E-mail: geral@amatolusitano-ad.pt Website: www.amatolusitano-ad.pt facebook.com/amatolusitano instagram.com/amato_lusitano_ad

Translation disclamer: this translation is intended solely as a convenience to the non-Portuguese-reading public and is not legally binding. We have attempted to provide an accurate translation of the original material, but due to the nuances in translating to a foreign language, slight differences may exist. The legislation contained herein is not always an official translation or the most updated version of the law. Unless it is stated otherwise, the text shall be deemed an unofficial translation.

FOREWORD

The existence of a document that can transmit and disseminate useful information in a practical way, through simple and easy consultation, is an asset for young people, in the sense that they can be knowledgeable and possible transmitters of that same informa tion. Raising awareness and awakening to certain issues can contribute to a society where informed young people can have the skills and tools for personal benefit or for the benefit of the community in which they are inserted.

This guide comes within the scope of the Bem Me Quer 4G project, and an activity has been designed with the objective of creating a technical/pedagogical resource that facilitates the identification and signalling situations of violence, discrimination, combat ing the use of hate speech in school context.

Amato Lusitano - Associação de Desenvolvimento

Amato Lusitano – Associação de Desenvolvimento (ALAD), is a private non-profit association, which started its activity in 1998, with the premise of providing integrated responses of the needs identified in vulnerable groups in the municipality of Castelo Branco, promoting their social inclusion, equal opportunities and gender and non-dis crimination, through three areas of action:

● Community and Social Intervention

● Community and Institutions Empowerment

● Entrepreneurship and Social Innovation

Bem Me Quer 4G

Bem Me Quer 4G, a Project of ALAD, consists in the construction and implementation of innovative strategies for the promotion, prevention and awareness of human rights issues and non-discrimination. It contemplates the development of 4 activities through out its execution, one of which is the realization of information/training actions for children and young people at a school age, with the aim of educating them for non-vio lence.

This project is a fundamental complement to the work already carried out by the Estrutura de Atendimento a Vítimas de Violência Doméstica of Castelo Branco (EAVVD), in order to enhance the transformation of harmful and violent behaviours in healthy social and relational behaviours, in order to reduce the problem of domestic violence in general.

INTRODUCTION

Best practice guides are documents that aim to define a set of basic knowledge, guidelines and tools so that it is possible to understand and intervene in situations of violence and/or discrimination.

It is intended that this guide serves as an informative element with synthetic content and of quick consultation, in order to identify the various types of violence, discrimination and combat the use of hate language, as well as to inform the various resources and services existing, where to turn to ask for more information or support.

The phenomenon of violence and discrimination is a reality that has been increasingly socially visible and of disturbing proportions. It is a concern, given the negative conse quences of these behaviours for the development and mental health of the young and adults involved, as well as for the general environment of the institutions they attend. Society in general often finds itself, with young people who show signs of lack of care and affection, strong emotional reactions, physical marks, psychological traumas, from the mildest to the highest degree, which may be the result of violence, by action or by omission, practicing it within the family, but also of violence operated in the school/uni versity context. In this context, the limits of our responsibility as individuals are questioned, especially at the level of what to do, who to look for and whom to refer. It is important to know what violence and discrimination is and to know how to recognize the signs of physical, sexual and emotional suffering, as well as risk situations, in their various forms, in order to intervene competently. Only in this way can one understand what violence, discrimination and hate speech is, in order to intervene properly among young people.

It is essential to evaluate the appropriate intervention strategies for the phenomenon of violence and discrimination, with the aim of creating awareness-raising, motivation and information strategies on this matter.

We hope that this guide will prove useful to all young people, in order to better under stand, raise awareness and understand solutions/alternatives for a more effective fight against violence and a better knowledge of support for the victims of this crime and that it can also promote a greater understanding of these young people in identifying and flagging the different types of discrimination.

"Violence can be avoided. Violent cultures can be changed. Governments, communities and individuals can make a difference."

Nelson Mandela

In Prefácio do Relatório Mundial sobre Violência e Saúde

Domestic Violence and Dating Violence

1. Definition of Concepts

Domestic violence encompasses behaviours adopted in a relationship, by one party, especially to control the other. We found out that over time, children, young people, women, men and the elderly, have been the target of various forms of violence in the family. Victims can be rich or poor, of any age, sex, religion, culture, ethnic group, sexual orientation, background, or marital status. We can all be victims of domestic violence.

Commits the crime of domestic violence the one who inflicts physical or psychological abuse, one or more times, on their spouse or ex-spouse, in a non-marital partnership or ex-union, boyfriend/girlfriend or ex-boyfriend/girlfriend or parent of common descent in the first degree, whether or not there is cohabitation. It also commits the crime of domestic violence who inflicts physical or psychological abuse, once or several times, on a person who is partly helpless, due to age, disability, illness, pregnancy or economic dependence, in cases of cohabitation.

It is in Article 152 of the Penal Code that the characterization of the crime of domestic violence in our country is made, which assumes the nature of a public crime, which means that the criminal procedure is not dependent on the complaint by the victim, it can be just a complaint or knowledge of the crime, so that the prosecution promotes the process.

Violence in intimate relationships does not occur only between married people, or between partners who live or have lived together. It can start in dating between young people, and takes place when, in a loving relationship, one exerts power and control over the other, violently, in order to get what they want. This violence is expressed through physical, verbal and emotional acts that threaten the well-being of the victim and in no way should be minimized, because it’s a red flag alert that tends to worsen in frequency and intensity and increases the likelihood of marital violence. Often times, in relation ships with young women/men, they believe that the crises of jealousy and the feeling of possession and control of the boyfriend/girlfriend mean that he/she loves him/her and that they are responsible for the problems of the relationship, a common strategy used by the aggressor as a justification for the practice of violent acts.

The intervention in cases of dating violence, must go through an active listening, transmitting confidence and being aware that it is difficult to break the silence. It’s very important that the victim realizes that is living a violent love relationship, that violence is a crime punishable by law and that has the right to live without violence and to be

respected by the boyfriend/girlfriend. One should also be aware that is not responsible for the violence, but a victim of it and that should not risk his/her life. The end of the relationship sometimes does not mean the end of violence, considering the cases in which the ex-boyfriend/girlfriend does not accept the decision, continuing to pursue and try to control the other one.

In this sense, it is important to take into account some security measures, such as: Change the phone number/mobile and email address; Search for alternative routes to the places you usually visit and continue not to walk alone;

Talk about the situation with trusted people who can support in emergency situations; Keep a journal of the situations of violence that occurred; Record on your mobile phone the necessary contacts in case of emergency (112, local police, trusted person).

As in domestic violence, resulting of the manipulation strategies promoted by the aggressor and the psychological consequences of the violence itself, many victims are only aware of the situation of violence that they live in when it has already been estab lished in the relationship, on a regular and severe basis, requiring capabilities to break with the situation that victims usually do not have at the moment.

SOURCE:

www.apav.pt/apav_v3/index.php/pt/folhas-informativas www.gnr.pt/Cons_VilolenciaDomestica.aspx

www.cig.gov.pt/area-portal-da-violencia/portal-violencia-domestica/servico-de-informacao-as-vitimas-de-violencia-domestica/ www.escolasaudavelmente.pt/alunos/adolescentes/amor/violencia-no-namoro www.apavparajovens.pt/pt/go/o-que-e1

www.cidadania.dge.mec.pt/igualdade-de-genero/prevencao-da-violencia-com-base-no-genero/violencia-no-namoro

2. Types of Violence

2.1. Emotional and Psychological Violence

Any partner’s behaviour that aims to make the other person feel afraid or feel useless. Usually includes behaviours such as: threatening the children; hurt pets; humiliate others in the presence of friends, family or in public, among other behaviours.

It consists in disrespecting, despising, depreciating, defaming, insulting or humiliating the victim, in public or in private, by words and/or behaviours; criticize all their behaviours, whether personality characteristics or physical attributes; scream in a way that frightens the victim; destroy personal property; to threaten, coerce and intimidate; threatening or mistreating the victim's family and friends; threaten to kill themselfs; control social life in order to isolate the victim; among other strategies and behaviours.

In the case of children and young people, it may also involve unrealistic expectations or demands for school, intellectual, sports or negative performance of the child and/or young person, inducing them to a negative self-image and a poor performance, or to stimulate the child and/or young person into a pattern of destructive behaviour.

When the value of the child/young person is not recognized, when the child/young person is forbidden of having friends, when verbal aggressions are committed against the child/young person, when the intellectual growth of the child/young person is not stimulated, an act of psychological violence is being committed, which can cause serious damage to their psychological, physical, sexual and social development.

2.2. Intimidation, Coercion and Threatening

Any behaviour that aims to intimidate or frighten others, as well as control the social life of the partner. For example: follow the partner to their workplace or when they leave on their own; constantly control the victim’s movements, whether they are at home or not; prevent them from visiting family or friends; cut off the phone or control calls and messages and phone bills; lock the other one at home; among other behaviours.

2.3. Physical Violence

Any form of physical violence that an aggressor inflicts on a partner. It consists in the use of physical force with the intended objective of causing physical damage, leaving evident marks or not. It covers behaviours that can range from less severe forms of physical violence, to forms of extreme severity (resulting in serious injury, permanent disability or even the death of the victim), such as pushing, burning, pulling their hair, slaps, punches, kicks, squeezing their arms, squeezing the neck, hitting the victim's head on the wall or other surfaces, headbutts, etc.

2.4. Economic Violence

Any behaviour that attempts to control the partner’s money without the partner’s desire. Some of these behaviours can be: controlling the salary of the other; refusing to give money to the other or force them to justify any expenses; the use of financial support as a form of control.

2.5. Sexual Violence

Any behavior in which one partner forces the other to lead sexual acts they do not want. Some examples: pressing or forcing a partner to have sex when he/she does not want to; pressure, force or attempt to keep having unprotected sex; force them to have sex with others.

SOURCE: www.apav.pt/vd/index.php/features2 www.apav.pt/vd/index.php/vd/tipos-de-violencia www.diferenca.com/tipos-de-violencia/

3. Legal Framework

Domestic violence is a public crime, which means that the criminal procedure is not dependent on the presentation of a complaint, formal or informal, by the victim, and it is only necessary to have a complaint or knowledge of the crime, for the public prosecutor to promote the process.

At the level of National Legislation, there are several articles concerning the domestic violence victim’s protection.

Constitution of the Portuguese Republic: Article 13 - Principle of Equality 1st - All citizens have the same social dignity and are equal before the law. 2nd - No one may be privileged, benefited, harmed or deprived of any right or exempt from any duty, due to ancestry, sex, race, language, territory of origin, religion, political or ideological convictions, education, economic situation, social condition or sexual orientation.

SOURCE: www.parlamento.pt/Legislacao/Paginas/ConstituicaoRepublicaPortuguesa.aspx

Penal Code: Article 152 - Domestic Violence

1 – Who, repeatedly or not, inflicts physical or psychological abuse, including corporal punishment, deprivation of liberty and sexual offences:

a) To the spouse or ex-spouse; b) To the person of another or the same sex with whom the agent maintains or has maintained a courtship relationship or a relationship analogous to that of the spouse, even without cohabitation;

c) To the parent of a common descendant in the first degree; or d) To a particularly defenceless person, in particular on account of age, disability, illness, pregnancy or economic dependence, which with them cohabits; is punished with

imprisonment of one to five years, if more serious penalty does not fit them under anoth er legal provision

2 – In the case provided for in the preceding paragraph, if the agent commits the case against a minor, in the presence of a minor, in the common home or at the victim's home, they shall be punished with imprisonment penalty from two to five years.

3 – If the facts provided in paragraph 1 result in: a) Offense to serious physical integrity, the agent is punished with imprisonment from two to eight years; b) Death, the agent is punished with imprisonment of three to ten years

4 – In the cases provided in the preceding paragraphs, ancillary penalties may be imposed on the defendant, prohibiting contact with the victim and prohibiting the use and possession of weapons, for a period of six months to five years, and the obligation to attend specific domestic violence prevention programmes.

5 - The ancillary penalty for prohibiting contact with the victim shall include removal from the victim's residence or place of work and compliance must be supervised by technical means of remote control.

6 – Anyone convicted of a crime provided for in this article may, in light of the specific gravity of the fact and its connection with the function performed by the agent, be inhibited from the exercise of the authority, guardianship or trustee for a period of one to ten years.

Penal Code: Article 152a - Mistreatment

1 – Who, having in their care, in their custody, under the responsibility of their direction or education or working in their service, a minor or particularly helpless person, due to age, disability, illness or pregnancy, and: a) Inflicting physical or psychological abuse on them, repeatedly or not, including corporal punishment, deprivation of liberty and sexual offences, or cruelly treating them; b) To be employed in dangerous, inhuman or prohibited activities; or c) Overloading with excessive work; is punished with imprisonment of one to five years, if more serious penalty does not fit him by force of another legal provision.

2 – If the facts provided for in the preceding number result in: a) Offense to serious physical integrity, the officer is punished with imprisonment from two to eight years; b) On death, the officer is punished with imprisonment of three to ten years.

SOURCE: www.parlamento.pt/Legislacao/Paginas/Legislacao_AreaViolenciaDomestica.aspx95

Law No. 112/2009 September 16 - "Legal Regime Applicable to the Prevention of Domestic Violence and the Protection and Assistance of Its Victims"

SOURCE: www.pgdlisboa.pt/leis/lei_mostra_articulado.php?nid=1138&tabela=leis&so_miolo=

Law No. 130/2015 September 4 - "Victim's Status"

Makes the twenty-third amendment to the Code of Criminal Procedure and approves the Victim's Status, transposing Directive 2012/29/EU of the European Parliament and the Council of 25 October 2012 laying down rules on the rights, support and protection of victims of crime and replacing Council Framework Decision 2001/220/JAI of 15 March 2001.

SOURCE: www.pgdlisboa.pt/leis/lei_mostra_articulado.php?tabela=leis&nid=2394&pagina=1&ficha=1

National Plans Against Domestic Violence

- III National Plan against Domestic Violence (2007-2010): (Resolution of the Council of Ministers No. 83/2007);

- IV National Plan against Domestic Violence (2011-2013): (Resolution of the Council of Ministers No. 100/2010);

- V National Plan to Prevent and Combat Domestic and Gender Violence, 2014-2017 (Resolution of the Council of Ministers No. 102/2013)

SOURCE: www.cig.gov.pt/wpcontent/uploads/2013/12/III_Plano_Nacional_Contra_Violencia_Domestica.pdf

In terms of International Legislation/European Union, there are several studies developed in the area of domestic violence.

Council of Europe Convention on the Prevention and Combating Violence Against Women and Domestic Violence (Council of Europe, 2011)

SOURCE: www.direitoshumanos.gddc.pt/3_4/IIIPAG3_4_8.htm

Convention on the Elimination of All Forms of Discrimination against Women (United Nations, 1979)

SOURCE: www.direitoshumanos.gddc.pt/3_4/IIIPAG3_4_1.htm

Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against women (United Nations, 2000)

SOURCE: www.gddc.pt/direitos-humanos/textos-internacionaisdh/tidhuniversais/dm-protocoloCEDAW.html

Declaration on the Elimination of Violence against Women (United Nations, 1993)

SOURCE: www.gddc.ministeriopublico.pt/sites/default/files/declaracaoviolenciamulheres.pdf

Strategy for Equality between Women and Men adopted by the European Commission (European Union, 2010-2015)

SOURCE: www.ec.europa.eu/info/policies/justice-and-fundamental-rights/gender-equality/gender-equality-strategy_pt

In legal terms, the Victim's Status, which is awarded in the course of a domestic violence process, grants the victim a set of rights in several areas:

In court, the victim:

- Has the right to obtain a judicial response within a period of 8 months;

- Has the right to have the support of a lawyer;

- Has the right to apply for their constitution as an assistant and intervene in the proceedings;

- Has the right to the information;

- Has the right to a court hearing and to the evidences presentation;

- Has the right to police protection and judicial protection;

- Has the right not to make statements;

- Has the right to compensation and the restitution of property;

- Is entitled to procedural speed;

- Has the right to use video conferencing or teleconferencing;

- Has the right to request the provisional suspension of proceedings with the application of certain obligations and rules of conduct to the aggressor.

At Work, the victim:

- Has the right to be transferred, temporarily or permanently, at their request, to anoth er establishment of the company provided that they report the crime and leave the home of the family address at the time the transfer effectively takes place. They also have the right to immediately suspend the employment contract until the transfer takes place;

- Has the right to obtain justified absences, provided that the reason for the absence is related to the ongoing process.

In Heath services, the victim:

Has the right to clinical treatment;

- Should use health services: health centre, permanently care service, INEM (112) or hospital emergency, and may also use, if necessary, the National Institute of Legal Medicine (INML);

- Is entitled to exemption from moderator fees;

SOURCE: www.apav.pt/vd/index.php/joomla2

4. Best practices for identifying and signalize situations of violence in school context

Violence in the school environment is a general phenomenon, exists in all educational establishments, public or private, and is transversal in terms of social class, with different degrees of intensity and severity.

Indiscipline in the classroom is one of the most common forms of school violence. It translates into disruptive and/or disruptive behaviours of the functioning of the class and provocation behaviours, the challenge of the teacher's authority, through verbal and physical aggressions among students.

For many students, these behaviours only happen because the teachers do not effectively manage their classroom, that is, they are either very permissive or very authoritarian, have ineffective teaching strategies and lead to situations of injustice.

Also, the operational assistants may have problems due to a mismanagement of power (excessive tolerance or arrogance and authoritarianism) that can promote disobedience or aggressiveness.

Another form of violence quite common in schools is bullying, a form of aggression in which one or more students, repeatedly and intentionally, intimidate, beset or physically injure a victim. It can affect the physical, emotional and social health of the students involved. However, parents are often unaware that their children are victims or aggres sors, which does not allow them to take measures to avoid this situation. Verbal aggres sion, which seems to be the most common form of violence in this context, is occasional and rarely targets the same person.

With regard to this problem, there are some prevention and intervention measures:

- Initial training of teachers (which should provide them with ways to promote effective classroom management and positive conflict resolution);

- Training of operational assistants to inhibit situations of violence in the spaces outside the classroom, assertively and effectively, but not violently;

- Adaptation, requalification and dynamic spaces outside the classroom;

- Educational projects that promote citizenship, attitudes of nonviolence, respect for the other;

- Promotion of school sports, especially team sports;

- Promotion of music, chess, theatre, etc.;

- Facilitating access to educational games that promote good practices;

- Dynamic information/training actions for parents and for the general union;

- Involvement of the latter in these programmes in a concerted manner;

- Increased surveillance of the places where most violent acts occur: the corridors, the cafeteria or the school bar, among others.

Parents and guardians also have a major role, as they are the first and most important models of behaviour for their children. Violence at school can only be avoided if the entire educational community is committed to doing it so, promoting an environment of respect, affection, freedom of expression, leading to a positive citizenship.

SOURCE:

www.cidadania.dge.mec.pt/saude/prevencao-da-violencia-em-meio-escolar/recursos-prevencao-da-violencia www.portoeditora.pt/paisealunos/pais-and-alunos/noticia/ver?id=28349&langid=1 ..www.psp.pt/Pages/atividades/programa-escola-segura.aspx

www.cig.gov.pt/wp-content/uploads/2017/09/Manual-para-os-ensi nos-basico-e-secundario_criancas-e-jovens-expostas-os-a-violencia-domestica.pdf

5. Entities to turn to for information or support/report in situations of domestic violence and/or dating violence

Amato Lusitano - Associação de Desenvolvimento Estrutura de Atendimento à Vítima de Violência Doméstica

(+351) 272 321 332 | (+351) 961 948 967 (Castelo Branco)

Directly on Queixa Eletrónica portal www.queixaselectronicas.mai.gov.pt

112 – Single European emergency phone number, available throughout the EU, free of charge, for emergency situations with imminent danger (toll-free, available 24/7)

144 – National Social Emergency Line 800 202 148 – Domestic Violence Victim Information Service (CIG)

116 006 - APAV | Victim Helpline (toll-free)

At public security police stations GNR station closest to your residence area

In the public prosecutor's office that operate with all courts, even if it is not the place where the crime occurred;

CAPÍTULO 2

DISCRIMINATION AND COMBATING THE USE OF HATE SPEECH

Discrimination and Combating the Use of Hate Speech

1. Definition of Concepts

All crimes against anyone motivated by the fact that the victim belongs to a particular race, ethnicity, color, national or territorial origin, sex, sexual orientation, gender identity, religion, ideology, social condition, physical or mental condition are understood as hate crimes.

Hate crimes are different from other crimes because they are directed not only at an individual, but rather at a particular group with certain specific characteristics. In this way, hate crimes target groups may feel that they are not welcome, that they are not safe in a particular neighbourhood, community, school or place of work. Typically, hate crimes perpetrators have the intention to threaten and send a message of hate to an entire community, and by being a member of this community, there may be a collective feeling of insecurity and fear.

In recent times we have seen a growing wave of intolerance, racist views and violence driven by hate speech against some specific groups, which has resulted in an exponential increase in hate crimes against minorities in several countries.

Discrimination consists of an action or omission that dispenses with differentiated (inferiorized) treatment of a person or group of people, for belonging to a particular race, color, sex, nationality, ethnic origin, sexual orientation, gender identity, or another factor.

Portuguese law considers certain discriminatory behaviors to be crimes, and others as misdeeds, depending on their severity.

Discrimination as a misdeed occurs when a person is prevented from exercising his or her rights related to access to goods and services, employment and vocational training, public and private education and the health system, among others.

Discriminatory practices are defined as:

Refusal to provide or prevent access to goods or services, made available to the public (e.g. refusing to provide meals in a restaurant to people of a particular racial or ethnic origin);

Impediment or limitation of access and refuse exercise of an economic activity (as in

the case of employers who do not admit employees of foreign nationality or of a particu lar racial origin);

Refusal or conditioning of sale, lease or sub-lease of real estate (e.g. landlords who refuse to lease the property to foreign citizens);

Refusal of access to public places or open to the public (e.g. refusing entry to a concer hall or nightclub on the basis of discriminatory grounds);

The refusal or limitation of access to health care provided in public or private health institutions (such as the employee/a deny the registration of someone in the health centre because he/she is a foreign citizen);

The refusal or limitation of access to a public or private education or education estab lishment (such as refusing to enrol the Romani students in public or private schools);

The establishment of classes or the adoption of other internal organization measures in education or educational establishments, public or private, according to discriminato ry criteria (e.g. creating classes of foreign pupils or pupils of a particular racial origin, unless this is done for the benefit of the students themselves, as for learning the Portuguese language for those who do not master it);

The adoption of practices or measures by anybody, service, entity, company or worker of the direct or indirect administration of the State, autonomous regions or local author ities, which conditions or limits the exercise of any right (such as the president of a partic ular City Council that prohibits foreign citizens from making requests for social housing);

The adoption of an act in which, publicly or with the intention of wide dissemination, a statement is issued or information transmitted under which a person or a group of people is threatened or insulted on grounds of racial discrimination (e.g. the director of a company providing an interview in the media saying that it does not hire people from a particular nationality because they are all "lazy").

Any citizen who is confronted with a situation of discrimination, whether or not he/she is the victim, can report the situation to the competent authorities.

In the case of crime, both the crime of discrimination itself and hate crimes (homicide and qualified physical integrity offences) are considered public crimes and therefore, anyone can report them to the authorities (Security Forces or Public Prosecutor's Office).

In terms of discrimination, if the act of discrimination has been practised in the workplace or by the employer, the authority responsible for receiving the complaint shall be ACT - Autoridade para as Condições do Trabalho. In all other situations, complaints should be sent to the CICDR - Comissão para a Igualdade e Contra a Discriminação Racial, which works with the ACM - Alto Comissariado para as Migrações.

FONTE:

www.apav.pt/uavmd/index.php/pt/intervencao/discriminacao www.apav.pt/uavmd/index.php/pt/intervencao/crimes-de-odio www.cite.gov.pt/discriminacao

2. Types of Discrimination

2.1. Racial/Ethnic and Cultural Discrimination

Discrimination refers to any distinction, exclusion, restriction or preference based on race, color, ancestry, national or ethnic origin, having the purpose or effect of destroying or compromising the recognition, enjoyment or exercise, on an equal basis, of funda mental rights and freedoms in the political, economic, social and cultural fields or in any other field of public life.

It is considered to exist:

• Direct discrimination: whenever, by reason of racial or ethnic origin, a person is subject to less favorable treatment than the one who is, has been or may be to be given to another person in a comparable situation.

• Indirect discrimination: any seemingly neutral provision, criterion or practice that puts people of a particular racial or ethnic origin at a disadvantage compared to others.

Harassment: whenever unwanted behaviour occurs related to racial or ethnic origin, with the purpose or effect of violating the dignity of a person and creating an intimidat ing, hostile, degrading, humiliating or destabilizing environment.

Most situations of racial or ethnic discrimination in Portugal are considered misdeeds and not a crime. However, violent and/or harmful acts against anyone or any property that are motivated by racism, xenophobia, religious intolerance and/or any other prejudice related to physical and/or identity characteristics are considered a crime.

The Comissão para a Igualdade e Contra a Discriminação Racial (CICDR) is the body competent to sanction the practice of acts resulting in the refusal or condition of the exercise of economic, social or cultural rights of any person, on the grounds of belonging to a particular racial and ethnic origin, color, nationality, ancestry or origin territory. Other authorities may also be competent, departing from the matter (e.g. Working Conditions Authority).

Victims are discriminated against because they belong to, or are perceived to belong to, certain groups or communities that are historically discriminated against, subject to exclusion and marginalization.

The victims of racial discrimination in Portugal can be:

• Black/afrodescendant;

• Itinerant ethnic groups (Romani people)

• Non-white;

• Migrants and refugees;

• Religious and cultural minorities.

The right to equality and protection against discrimination is a fundamental human right. Racial or ethnic discrimination has a very strong impact and harms society and the people who are part of it, in different ways. Discriminatory practices harm individually the people who are targeted by them, compromise their adequate psychosocial development, since it negatively affects the recognition, enjoyment or the exercise of their fundamental rights and freedoms.

SOURCE: www.acm.gov.pt/pt/-/o-que-e-discriminacao-racial

2.2. Religious Discrimination

Religious discrimination is a form of violence, physical or symbolic, which aims at the denial and suppression of one religion over another. Therefore, it is a case of prejudice associated with some type of violence in which it is intended to deny the existence of specific religions. Religious grounds cannot justify abusive practices or contrary to the human dignity.

Under the pretext of religious freedom or religious choices, certain constitutional principles or rules, such as the prohibition of sexual discrimination or equality between spouses, may be called into question. However, nothing can justify an action resulting in death or damage to the body or the health of others, or impose limits to the freedom of sexual orientation of others.

The same values of tolerance and defence of human life, determine the specific punish ment of violence against certain religious groups, committed or not by other religious groups, as well as discrimination, incitement to hatred, and the destruction or damage of establishments related to religious worship.

SOURCE: www.direitosedeveres.pt/q/constituicao-politica-e-socidade/ consciencia-e-religiao/e-permitida-em-portugal-a-violacao-de-direitos-fundamentais-em-nome-de-uma-religiao-ou-culto

2.3. Gender or Sexual Orientation Discrimination

Sexual orientation refers to the individual as someone who has a personal and social identity based on their attractions, manifesting certain behaviours and joining in community of people who share the same sexual orientation.

Overall, sexual orientation is usually categorized into three dimensions: heterosexuality, bisexuality and homosexuality. Heterosexuality means sexual attraction and/or emotional or loving involvement by people of different sex. On the other hand, bisexuali ty consists of sexual attraction and/or emotional or loving involvement with people of both sexes. Homosexuality is sexual attraction and/or emotional or loving involvement with people of the same sex.

The right to self-determination of gender identity and gender expression and the right to the protection of each person's sexual characteristics are guaranteed in the legisla tion. For the full exercise of these rights, it’s important that all people acquire fundamen tal understandings in terms of gender identity, gender expression, sexual characteris tics, as well as actively prevent discrimination on the grounds of these factors.

Still within this theme, violence committed against LGBTQIA+ people, which does not appear to be based on discriminatory reasons, also deserves special attention, given the specific vulnerability of this community.

Among the various forms of criminalized violence affecting LGBTQIA+ people, domestic violence, sexual violence, threats, coercion, defamation and injury can be cited.

The increased vulnerability of LGBTQIA+ people comes from the stigmatization of their identities. These people are, as a rule, the target of negative feelings and attitudes that weaken their rights. They are still often judged, based on prejudices and stereotypes that disregard their individuality. Family rejection is also often one of the central aspects of their life experience. Many LGBTQIA+ young people are victims of violence or isolation from their own families and their communities.

Some forms of violence that particularly affect LGBTQIA+ people are:

• Intimidation into revealing or threatening to reveal their sexual orientation;

• Violence associated with the stigmatization of their identities: this type of violence can induce the self-blame of victims, because of the aggression suffered; Isolation of LGBTQIA+ people, due to the small size of their support network, which may make it difficult for the victim to ask for help;

• Fear of reporting the suffered violence to the authorities, often associated with the difficulty in revealing facts and aspects of their life related to their sexuality and the fear of reinforcing the stigma that exists towards people in the LGBTQIA+ community, and these constraints may also come from previous experiences of discrimination and/or requests for previously unsuccessful aid, sharpening isolation and, consequently, vulner ability.

The acronym LGBTQIA+ refers to all sexual diversity, and the letters that compose it represent:

L - Lesbians: female homosexuals;

G - Gays: male homosexuals;

B - Bisexual: people who are attracted to people of both sexes;

T - Trans: people who do not identify with the gender assigned to them at birth;

Q - Queer: people who do not identify with heteronormativity patterns imposed by society and transit between "genders";

I - Intersex: people with secondary sexual characteristics who do not fit the male /female binary definitions;

A – Asexual: those who do not feel sexual attraction to anyone, being able or not to be interested in romantic involvements;

+ - Symbol used to represent all other sexual identities not covered by the letters of the acronym LGBTQIA+.

SOURCE:

www.eportugal.gov.pt/servicos/pedir-apoio-informacoes-ou-capa citacao-sobre-identidade-de-genero-expressao-de-genero-e-caracteristicas-sexuais www.cig.gov.pt/2020/05/fra-apresenta-estudo-long-way-to-go-for-lgbti-equality/ www.cig.gov.pt/wp-content/uploads/2020/05/RECURSOS-ONG-LGBTI-1.pdf www.fra.europa.eu/en/publication/2020/eu-lgbti-survey-results

3. Equality And Non-Discrimination

Equality and non-discrimination are fundamental principles of international law and human rights. Everyone, without distinction, has the right to enjoy all human rights, including the right to be treated equally by law and the right to protection against discrimination for various reasons, including sexual orientation and gender identity. Laws and policies that should protect everyone from discrimination are often the source of discrimination – direct or indirect – against millions of lesbian, gay, bisexual, transgender and intersex people around the world. In more than a third of countries, private and consensual relationships between people of the same sex are criminalized.

These laws violate the rights to privacy and non-discrimination, both of which are protected by international law and expose people to the risk of arrest, prosecution and imprisonment – and, in some countries, to the death penalty. Other examples of discrim inatory measures include a ban on lesbian, gay, bisexual and transgender (LGBTQIA+) having certain types of work; discriminatory restrictions on free expression and public demonstrations; and the denial of legal recognition of same-sex relationships. In some countries, transgender people are required to submit to sterilization as a precondition for obtaining legal recognition of their gender, without which many are forced to live on the margins of society, without the possibility of getting a job, or having access to health and education, in addition to having denied other basic rights. In terms of social discrimination, people who are – or who are seen as being – lesbian, gay, bisexual, transgender or intersex suffer from social stigma, exclusion and prejudice at work, at home, at school, in health institutions and in many other aspects of their lives. These people may be fired from their jobs, be bullied at school, have no access to medical treatment, be expelled from their own homes, disowned by their parents, forbade in psychiatric institutions, forced to marry or become pregnant and are subject to seeing their reputation denigrated. For intersex people, discrimination often begins at birth, as many intersex babies and children are subjected to surgical or other interven tions, carried out without their approval or that of their parents, with the aim of erasing intersex differences.

The State has a legal obligation to ensure that its own laws and policies do not discrimi nate against people on the basis of their sexual orientation or gender identity and that the legal framework provides adequate protection against such discrimination, practiced by third parties. This obligation transcends culture, tradition and religion.

SOURCE:

www.unfe.org/wp-content/uploads/2018/10/Equality-And-Non-Discrimination-PT.pdf www.dgpj.justica.gov.pt/Documentos/Igualdade-e-nao-discriminacao/Igualdade-entre-mulheres-e-homens

4. Legal Framework

At the level of the various types of discrimination and combating the use of hate speech, there are several articles concerning the protection of victims of these crimes, both in terms of national and international legislation.

The most relevant legislation, in the context of combating and sanctioning discrimina tion, is summarized through Law No. 93/2017 of 23 August, which establishes the legal regime for preventing, prohibiting and combating discrimination, on grounds of racial and ethnic origin, color, nationality, ancestry and territory origin.

Article 13 of the Constitution of the Portuguese Republic Principle of equality

1. All citizens have the same social dignity and are equal before the law.

2. No one may be privileged, benefited, harmed, deprived of any right or exempt from any duty on grounds of ancestry, sex, race, language, territory of origin, religion, political or ideological convictions, education, economic situation, social condition or sexual orientation.

It is an essential human right for the development of society and for the full participation of men and women as people.

Various information on the implementation and promotion of this principle are available, including national action plans, national and international legislation and strategic documents from different sectors.

SOURCE: www.dgpj.justica.gov.pt/Documentos/Igualdade-e-nao-discriminacao/Igualdade-entre-mulheres-e-homens

Law No. 38/2018 of 7 August

Right to self-determination of gender identity and gender expression and to the protec tion of each person's sexual characteristics.

SOURCE: www.data.dre.pt/eli/lei/38/2018/08/07/p/dre/pt/html

Legislation and Jurisprudence - Constitution of the Portuguese Republic, Articles 13, nº 1 and 2; 41st, nº. 1–3

Law No. 16/2001 of 22 June, Articles 6, No. 1–5; 7th

SOURCE: www.dre.pt/dre/detalhe/lei/16-2001-362699

Law No. 3/2011 of February 15

It prohibits any discrimination in access to and exercise of independent work and transposes Directive 2000/43/EC of the Council of 29 June, Directive 2000/78/EC of the Council of 27 November and Directive 2006/54/EC of the European Parliament and the Council of 5 July.

SOURCE: www.files.dre.pt/1s/2011/02/03200/0080900811.pdf

Law No. 60/2018 of 21st August

It adopts measures to promote equal pay for women and men for equal work or equal value and amends Law No 10/2001 of 21 May, establishing an annual report on equal opportunities for men and women, to Law No. 105/2009 of 14 September, which regulates and amends the Labour Code, and Decree-Law No. 76/2012 of March 26, which approves the organic commission for equality at work and employment.

SOURCE: https://files.dre.pt/1s/2018/08/16000/0428804291.pdf

5. Best practices for identifying and signalize situations of discrimination and hate speech in school context

Situations of discrimination and hate speech in school context are a social and criminal event that cannot and should not be tolerated, and constitutes a public crime. We are all responsible and must report such situations. Employees who work in educational estab lishments and that don't report cases of suspicion or confirmation of violence against young people to the competent authorities, are seriously negligent and are committing a legal infraction.

The complaint has as its primary objective the protection of children and young people and not the punishment of the perpetrators. The cycle of violence can be broken, with proper intervention. The competent professional and committed to the full protection of young people inside and outside the family must:

Encourage the child/young person to talk about what concerns them, reinforcing that it is not their responsibility, that violence is not acceptable and that they are not alone;

Listen to what the child/young person has to say, believing his/her word and encourag ing them to reveal the violence they suffered;

In the face of the revelation of the violence suffered, act quickly and effectively, by handing the child or the young person to the resources existing in the education estab lishment and in the community that can respond to these situations;

- Recognize the limits of their function: not to act in isolation, know who to involve in the process either personally and institutionally;

- Respect professional secrecy.

Society has undergone significant transformations such as globalization, economic change, the advancement of technology, the massification of education systems, cultur al diversity and so many others. Educational establishments and their professionals are asked for a reflexive transformation that accompanies current needs.

Family, the primary nucleus of education, often departs from its educational function, delegating it to schools and, at the heart of the issue, we found children and young people who act according to what they observe in their environment, that sometimes offers questionable behavior models and questionable references. And it is precisely in the school environment that children and young women imitate behaviors that they observe daily. In this field, effective joint intervention is urgently needed, providing the population at risk with models of conduct appropriate to the affective, intellectual and moral development of all those involved.

We cannot continue to ignore the multiple forms of violence against and among young people, whether on the street, at school or even at home. All forms of violence – discrim ination, abuse, neglect, intimidation, child labor, etc. – are unwelcome and must be condemned, not forgetting that the violence that young people witness also affects their well-being. It is the duty of the State and the responsibility of all of us to protect these

young people and prevent violence.

The fight against violence and discrimination has been assumed as one of the central objectives for achieving a more just and equal society, and it is essential to know and prevent the phenomenon, ensure the protection of victims and qualify professionals who intervene in this area, such as education professionals.

Discrimination and the use of hate speech are relevant in the current educational frame work and it is important that educators, parents and pupils become aware that young people have the right to study in a healthy environment and this includes that all are accepted and respected in their differences and, consciously, work to ensure this right.

The participation of the community in school daily life is extremely important for the educational context. The measures involve the educational project of the teaching establishment, where global policies must be defined in a simple and clear way, in order to involve the entire educational community and the disciplinary regulation should contain the norms of the expected behavior at the level of students, teachers and staff.

To prevent violence at school, it is essential to raise awareness and training of members of the educational establishments management, teachers in general, operational assistants and parents or guardians. The school should be a place of well-being and learning, spreading a culture of non-violence, citizenship and education for equality, structuring the educational process around the integral development of the person. Thus, the educational context is decisive for health promotion and prevention of violence.

SOURCES:

https://observador.pt/2021/10/26/ministro-da-educacao-defende-que-o-combate-ao-discurso-de-odio-comeca-na-escola/ https://dre.pt/dre/detalhe/resolucao-conselho-ministros/61-2018-115360036

https://www.tsf.pt/portugal/sociedade/psp-apela-a-denuncias-de-discriminacao-em-contexto-escolar-14553596.html

API - (+351) 965 597 475 | Almada

Associação pela Identidade – Intervenção Transexual e Intersexo (Association for Identity - Transsexual and Intersex Intervention)

AMPLOS - (+351) 918 820 063 | Lisbon

Associação de Mães e Pais pela Liberdade de Orientação Sexual e Identidade de Género (Association of Mothers and Fathers for Freedom of Sexual Orientation and Gender Identity)

ILGA Portugal - (+351) 218 873 918 | Lisbon

Intervenção Lésbica, Gay, Bissexual, Trans e Intersexo (Lesbian, Gay, Bisexual, Trans and Intersex Intervention)

Opus Diversidades - (+351) 924 467 485 | Lisbon

Formerly known as Opus Gay, and officially registered as Obra Gay Associação

Associação Plano i para a igualdade e inclusão - (+351) 222 085 052 | Oporto (Plano i Association - for equality and inclusion)

Casa Arco-Íris - (+351) 966 090 117

Casa de Acolhimento de Emergência para Vítimas de Violência Doméstica LGBTQI+ (LGBTQI+ Domestic Violence Victims Emergency Home)

Centro GIS - (+351) 966 090 117 (Matosinhos)

Centro de respostas à Populações LGBTQI+ (LGBTQI+ Population Response Center)

Espaço UNi+ - (+351) 932 698 756 (Braga)

Care structure for victims of dating violence, that is part of Rede Nacional de Apoio às Vítimas de Violência Doméstica.

It Gets Better Portugal - (+351) 911 120 199 (Oporto)

Casa QUI - (+351) 960 081 111 (Lisboa)

Associação de Solidariedade Social (Social Solidarity Association)

Clube SAFO - (+351) 969 926 694 (Aveiro)

Organização de Defesa dos Direitos das Mulheres Lésbicas Portuguesas (Defense Organization of the Portuguese Lesbian Women Rights)

CIG - (+351) 217 983 000 (Lisboa)

Comissão para a Cidadania e Igualdade de Género (Committee on Citizenship and Gender Equality)

Grupo Transsexual Portugal - (+351) 935 802 383 (Portugal Transsexual Group)

AI - Identidades e Afectos - clinica@ispa.pt (Lisbon) (Identities and Affections)

Panteras Rosa - panteras-rosa@facebook.com Frente de combate à LesBiGayTransFobia ( LesBiGayTransPhobia front battle)

6. Entities to turn to for information or support/report in situations of discrimination and combating the use of hate speech

ReAJo - (+351) 960 081 111 (Oporto)

Resposta de Autonomização para Jovens LGBTQI+ (LGBTQI+ Youth Autonomy Response)

Rede EX AEQUO - (+351) 96 878 18 41 (Oporto)

Associação de jovens lésbicas, gays, bissexuais, trans, intersexo e apoiantes (young lesbians, gays, bisexuals, trans, intersex and supporters association)