1. Legislation
2. Law enforcement and protective orders
3. Support for victims
4. Preventive measures
5. Data and research
6. Collaboration with international organisations
1. Legislation
What national laws exist to address and prevent domestic violence?
Portugal has a robust legal framework addressing domestic violence, with significant laws such as the Lei n.º 112/2009 (Law 112/2009) revised by Lei n.º 57/2021 (Law 57/2021), which establishes the regime for preventing domestic violence and protecting victims. Domestic violence is treated as a public crime in Portugal, meaning that any individual can report an incident, and the authorities must investigate regardless of the victim’s desire to press charges. Other important laws include Lei n.º 45/2023, which strengthens the protection of victims of crimes against sexual freedom, and Lei n.º 26/2023, which reinforces protection for victims of non-consensual dissemination of intimate content.
How is domestic violence defined in the legal framework of Portugal?
Under Portuguese law, domestic violence is broadly defined to include physical, psychological, and sexual violence inflicted by a partner, spouse, family member, or cohabitant. It encompasses a range of abuses, such as threats, coercion, or deprivation of liberty, and applies to both opposite-sex and same-sex relationships.
Are there specific laws or provisions that protect victims of domestic violence?
Law 112/2009 revised by Lei n.º 57/2021 not only criminalises domestic violence but also ensures comprehensive protection for victims, such as access to support services and shelters. It mandates victim protection, legal aid, and rehabilitation services. Additionally, the Penal Code outlines stricter penalties for domestic violence offenders, and there are specific provisions for child victims and those particularly vulnerable, such as pregnant women. In addition to the criminalisation of domestic violence, Portugal has various legal provisions for victim protection, including Lei n.º 3/2023, which exempts victims of domestic violence from mandatory reconciliation in divorce proceedings. Furthermore, Declaração de Retificação n.º 12/2014 modifies earlier resolutions to prioritise support for victims, while Lei n.º 55/2020 identifies domestic violence as a crime requiring priority investigation and prevention.
2. Law enforcement and protective orders
Are there specialised units or protocols for dealing with domestic violence cases?
The Portuguese law enforcement agencies (PSP and GNR) have specialised units trained to handle domestic violence cases. They follow specific guidelines outlined by the Diretiva n.º 5/2019, which establishes clear procedures for police officers and public prosecutors in cases of domestic violence. These protocols ensure the immediate protection of victims and a quick response. Portuguese police forces have dedicated units for addressing domestic violence, including specialised officers trained to deal with these cases. These units operate within the Guarda Nacional Republicana (GNR) and the Polícia de Segurança Pública (PSP), ensuring prompt responses and proper case handling. Additionally, the country follows a national protocol to improve the coordination of services, including health, social services, and law enforcement.
PSP’s Porto-based Gender and Domestic Violence Unit (GAIV) plays a crucial role in supporting victims of domestic violence. This collaboration extends beyond Porto, as evidenced by partnerships with shelters like Espaço Julia and initiatives like Casa da Maria, supported by the Public Prosecutor’s Office of Lisbon West. These shelters integrate relevant protocols into their operations, following comprehensive risk assessments conducted for domestic violence cases.
What types of protection orders are available for victims of domestic violence?
Victims can access a range of protective measures, including restraining orders against the perpetrator. Courts can issue emergency protection orders that mandate the aggressor’s removal from the shared home, prohibiting contact with the victim. Additional protections include electronic surveillance to monitor compliance with protective orders. The Regime Jurídico Aplicável à Prevenção da Violência Doméstica ensures comprehensive protection for victims, including urgent regulation of parental responsibilities.
3. Support for victims
What support services are available for victims of domestic violence in Portugal?
Victims of domestic violence in Portugal have access to a national network of services. This includes the Comissão para a Cidadania e Igualdade de Género (CIG) (Commission for Citizenship and Gender Equality), which coordinates responses to domestic violence, providing legal, psychological, and social support. Victims can also use a 24-hour national helpline, which offers immediate advice and intervention. The Apoio público às casas de Abrigo (public support for shelters) ensures that safe houses are available for victims fleeing dangerous situations, and psychological counseling is provided by health services and NGOs.
Are there sufficient numbers of shelters or safe houses for individuals fleeing domestic violence situations?
Portugal has an extensive network of shelters and safe houses managed by both government agencies and non-governmental organisations (NGOs). However, the demand often exceeds the supply, especially in rural areas, though there has been an effort to increase the number of safe places for victims and their children.
How is counselling or psychological support provided to victims?
Psychological support is available through state-run services and NGOs. Victims can receive counselling, legal aid, and other forms of psychosocial support through health centres, specialised organisations, and programs tailored to their needs. The Rede Nacional de Apoio às Vítimas de Violência Doméstica (National Network for Supporting Victims of Domestic Violence) coordinates these services, providing crisis intervention, long-term counselling, and support for legal proceedings. Counselling is provided free of charge, especially for those who have reported incidents of domestic violence.
4. Preventive measures
What national initiatives or programs exist to prevent domestic violence?
The Portuguese government has developed several national plans to combat domestic violence, including the National Strategy for Equality and Non-Discrimination and specific programs aimed at prevention. These programs focus on training professionals, improving public awareness, and ensuring coordination across sectors like health, education, and justice. The Estratégia Nacional para a Igualdade e a Não Discriminação 2018-2030 (ENIND) is a key initiative that incorporates the Plano de Ação para a Prevenção e o Combate à Violência Contra as Mulheres e a Violência Doméstica (2018-2021). This plan focuses on preventive measures, including public awareness campaigns, the training of professionals, and improved service coordination. Earlier, the V Plano Nacional de Prevenção e Combate à Violência Doméstica e de Género (2014-2017) and the preceding plans aimed to address gender-based violence at a systemic level.
Are there educational campaigns aimed at raising awareness about domestic violence in Portugal?
There are regular awareness campaigns, often spearheaded by the CIG in collaboration with the Ministry of Justice and Ministry of Health. These campaigns aim to educate the public, with a focus on recognising signs of abuse, understanding victims’ rights, and providing support resources. Schools and media outlets also participate in disseminating information about gender-based violence.
How does the government work with NGOs and other organisations to address domestic violence prevention?
Portugal actively collaborates with various NGOs, women’s organisations, and international partners to address domestic violence. Organisations like APAV (Associação Portuguesa de Apoio à Vítima) and others work closely with the government to ensure victim support services are comprehensive and accessible, while also helping in the development and implementation of prevention programs. They also provide and raise awareness about the subject. The Despacho n.º 8762/2018 set up monitoring committees to oversee the implementation of various action plans, including those that combat domestic violence and gender discrimination.
5. Data and research
Is there ongoing research on the causes and effects of domestic violence in Portugal?
Research on domestic violence is regularly conducted by universities, research institutions, and government agencies. The Observatory of Murdered Women (Observatório das Mulheres Assassinadas) provides annual reports on intimate partner violence and fatalities. Additionally, the CIG and the Portuguese Association for Victim Support publish studies that analyse the causes, patterns, and impacts of domestic violence in Portugal. The 2019 Interim Monitoring Report (Relatório Intercalar de Monitorização PAVMVD) also monitors the different initiatives included in the action plan.
How regularly is information on domestic violence updated and made publicly accessible?
Data on domestic violence is updated annually through reports from entities like the Ministry of Internal Administration, the CIG, and the Observatory of Murdered Women. These reports inform policy adjustments and provide a statistical basis for ongoing prevention and intervention efforts.
6. Collaboration with international organisations
Is Portugal involved in any international collaborations or partnerships to address domestic violence?
Portugal is deeply involved in international efforts to combat domestic violence, participating in several EU-wide initiatives and working with institutions like the European Institute for Gender Equality (EIGE). The country actively collaborates with organisations like the United Nations and Council of Europe to improve domestic violence laws and victim support mechanisms. It is a signatory of the Istanbul Convention, a legally binding international treaty that aims to prevent and combat violence against women and domestic violence.
Our collaborative efforts encompass participation in European-funded projects aimed at combating domestic violence and improving support services for victims, such as IMPRODOVA and IMPROVE.
How does Portugal engage with global initiatives focused on combating domestic violence?
Portugal is a signatory to the Istanbul Convention, the Council of Europe’s convention on preventing and combating violence against women and domestic violence. This legally binding treaty guides many of Portugal’s policies on domestic violence. Furthermore, the country participates in global initiatives such as the UN Women’s HeForShecampaign to promote gender equality and combat domestic violence.
Are there specific international conventions or treaties related to domestic violence that Portugal has ratified or adopted?
Portugal has ratified various international conventions addressing domestic violence, including the Istanbul Convention and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). These treaties underpin the country’s commitment to global standards in the fight against domestic violence.