Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449304f4331594c6d527659773d3d&fich=ppl248-X.doc&Inline=false
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 1 explanatory memorandum the phenomenon of domestic violence has been joined on the central concerns of the Portuguese society. Seen as a violation of human rights, freedom and self-determination of the victims, the impact personal, family, professional and social associated with the practice of the crime of domestic violence takes on dramatic proportions, reaching with particular severity, children, the elderly, people dependent and disabled people, framed in the context of this law, as particularly vulnerable victims. However, although domestic violence reaching gravosamente children, the elderly, people dependent and disabled people, reality demonstrates that women continue to be the most afflicted by the phenomenon, raising approaches focused on gender violence. The phenomenon has come, however, to vent the male-female dyad, the genus indiferenciando of the victim and the perpetrator of the crime. Regardless of the form they take, violence in domestic context seldom polarizes a situation or an incident. Brings together, usually, a set of behaviors that result in a behavioral pattern of abuse and control, in which the perpetrator aims last exercise of power over the victim. In addition, the violence in the family environment tends to reproduce itself in future generations, perpetuating patterns of behavior incompatible with the purpose of establishing a more just society, based on respect of human dignity.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 2 echoing this concern, and as a result of the efforts of the development of international law averbáveis, were plúrimos the instruments focused on domestic violence. The United Nations pointed out this phenomenon as global, practiced through the ages and with similar characteristics in countries geographically and culturally distinct. With the World Conference on women, held in Beijing in 1995, featured violence against women as one of the critical areas to achieve equality between women and men, having Governments committed to implement a whole series of measures to prevent and eliminate violence against women. Portugal ratified the Convention on the Elimination of all forms of discrimination against women (CEDAW) in 1980 and its Optional Protocol in 2002. CEDAW is the universal reference instrument on women's rights adopted by the United Nations General Assembly in 1979 and ratified by 185 countries. This reaffirms the principle of equality between women and men, pointing out the main areas of discrimination to which women are subject and establishing an action plan to encourage its implementation by the Member States, which shall submit periodic reports to the Committee that evaluates the implementation of the Convention, setting out the measures taken in the Elimination of discrimination against women in all fields in particular, political, economic, social, cultural and civic matters. Within the European Union, the Elimination of all forms of violence on grounds of sex is one of the six priority areas of intervention set out in the roadmap for equality between women and men for the period 2006-2010.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/3 X to 2 February 2006, the European Parliament adopted resolution on the current situation and possible future action in the field of combating violence against women, which calls on all Member States to take all appropriate measures to ensure better protection and support for victims , real and potential, of domestic violence. Member States are invited, in particular, to resort to Community action programmes to build and maintain more reception centres for women victims of violence, to develop programs of public awareness and information on domestic violence and to ensure the registration of all information provided by women and the percentage of cases in which law enforcement authorities have taken initiatives. The Community action programmes set up by the Decision No 293/2000/EC of the European Parliament and of the Council of 24 January 2000 adopting the Daphne programme (2000-2003) on preventive measures to fight violence against children, young people and women and no 803/2004/EC of the European Parliament and of the Council of 21 April 2004 adopting the Daphne II programme, allowed to raise awareness in the European Union to the issue of violence and strengthen cooperation among the organizations in the Member States active in combating this phenomenon. Approving the 20 June 2007 of decision No 779/2007/EC of the European Parliament and of the Council establishing for the period 2007 to 2013 the Daphne III programme as part of the General programme fundamental rights and justice allows developing the results already obtained.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 4 the European economic and Social Committee of the European Union in March 2006 session, called for the establishment of a pan-European Strategy on domestic violence, being mister highlight the action of the Council of Europe, in particular the Convention for the safeguarding of human rights and fundamental freedoms, ratified by all Member States of this international organization and by Portugal in 1978 , embodying and defending these rights. In the case of effort that has been intensifying since the 3rd European Ministerial Conference on equality between women and men (Rome, 1993), also in 1997, was prepared a plan of action to combat violence against women, and the Committee of Ministers adopted Recommendation Rec (2002) 5 on the protection of Women against violence. The Council of Europe decided, on the Warsaw Summit of May 2005, organize a trans-European campaign "combating violence against women, including domestic violence", which ran from November 2006 until March 2008. The Parliamentary Assembly of the Council of Europe, decided, at its meeting of 28 June 2006, join this campaign through the initiative «Parliaments United in combating domestic violence ', which came to be reflected in the national panorama, in the resolution of the Assembly of the Republic n° 17/2007, of 26 April, having the national Parliament adhered to this campaign. Traced the Parliament a plan of action which aimed to find the best answers to decrease the incidence of the phenomenon of domestic violence in Portugal. The undertaking proposed to evaluate the existing legal framework relating to domestic violence in order to update it through the necessary and essential changes, in line with the best practices of various countries and the PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 5 experience of non-governmental organizations. In addition to bringing promote a culture of victims ' awareness of their rights and of the possible conduct of acts of domestic violence, as well as the strengthening of measures to protect the victim and attacker's repression, still sought to ensure the undertaking of studies necessary for the analysis, understanding and combating the phenomenon of violence, alongside the development of all the efforts for the realization of women victims of domestic violence , for recognition of their status and their rights. In order to disseminate the knowledge of the phenomenon, to better awareness of all actors involved, better identification and combating domestic violence, established the purpose of ensuring the evaluation of the policies of support for victims, as well as those relating to aggressors, within the framework of parliamentary powers in parallel with the aim of appealing to the Portuguese people towards greater collective accountability with a view to the prevention and combat of violence against women. The XVII constitutional Government, for its part, undertook, in a clear reform spirit, a series of legislative measures that propendem to clear assumption of national combat against the phenomenon of domestic violence as political axis. We highlight the integration of Mission structure against domestic violence and its responsibilities within the Commission for citizenship and gender equality (CIG), creating for the first time, a central service specializing direct administration of the State with specific responsibilities in this matter, it articulates directly with non-governmental organizations with emphasis on combating domestic violence who sit on the Advisory Board of the IGC. The III national plan against domestic violence (2007-2010), approved by resolution of the Council of Ministers No. 83/2007, of 22 June, framed in the 17TH Constitutional Government program, which continues to consolidate a policy of prevention and combating domestic violence, implying a transversal understanding of responses to PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 6
check out this problem, by promoting a culture for citizenship and for equality, strengthening of information campaigns, training, support and hosting of the victims in a logic of reinsertion and autonomy. Furthermore, the penal reform and criminal procedure has brought a significant contribution in combating this phenomenon, in particular, to the autonomous conduct of typing in the crime of domestic violence, extinguishing the requirement of repetition and of cohabitation for the filling in of the criminal type. In the social area, several fronts of prevention and combat have been developed, both in the improvement of institutional responses, by designing specific mechanisms facilitating access of victims of domestic violence to a set of essential care. In this line, the exemption from user fees in access to health care for victims of domestic violence, operated with the modification by Decree-Law No. 201/2007, of May 24, the Decree-Law No. 173/2003, of 1 August, changed and republished by Decree-Law No. 79/2008, of 8 May. This Bill assumes that, as a corollary of the effort towards, on the one hand, prevent and suppress the phenomenon of domestic violence, and, on the other, support and promote the autonomy and living conditions dignificantes to victims of domestic violence. Recognizing the need to promote the creation of integrated responses, whose scope affects not only in the judicial system, but also in the field of employment, in access to health care and reflecting the needs of prevention and awareness-raising about the phenomenon, this law seeks to give a response to the social policy, unifying for the first time in the national legal system , the normative acquis concerning this issue.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 7 this initiative, taking into account the complex reality of the victims of domestic violence, takes the nature of legal frameworks on gender mainstreaming in the national legal system vitimológica. Indeed, for the first time, the configuration of the ' victim ' status in the context of domestic violence that establishes a legal framework of rights and obligations, not only in the context of criminal proceedings, but also, as a result of the recognition of the need for an integrated response, in labour, social context and of access to health care. Based on inspiring the principles set out in Council framework decision 2001/220 number/JHA of the Council of the European Union, of 15 March 2001 on the standing of victims in criminal proceedings, and in Recommendation Rec (2006) 8 of the Council of Europe of 14 June 2006 concerning assistance to victims of crime, have adopted definitions and general principles there shed. For the purposes of the award of the ' victim ' status was the moment of denunciation of the practice of the crime of domestic violence, combining the need for Express will act of the victim. The will of the victim takes on a crucial importance in the scope of this law, enshrined as a principle that defines and as a condition of the assistance to the victim, which is based on weighting option among the various legal goods concerned: on the one hand, the needs of the victim protection and, on the other, the need to verify the existence of evidence of a crime. It is normative solution that will meet the concerns expressed within the vitimológico movement, recognising the need to protect the victim at an early stage of the investigation.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 8 Hosts, so inovatória, the possibility of protecting the victim with recourse to technical means of Teleassistance, aiming to provide the victim of appropriate mechanisms to ensure the protection of essential legal goods, namely, his physical integrity. Consecrate themselves several responses in the criminal law, aimed at protecting the victim, the consecration of the avultando nature of proceedings relating to domestic violence, the creation of coercive measures applicable in 48 hours, following the establishment of defendant, as well as to clear the victim protection and consecration of witnesses in connection with the collection of evidence and the scope of the hearing and judgment by promoting the use of videoconference and teleconference. In addition to the priority given to research nature relating to crimes of domestic violence, there is a special scheme for the holding out of flagrante delicto, option that is unequivocal in supporting needs of protection for a victim of domestic violence. It is expected, in the light of the same victim protection purposes, the option of using the technical means of remote control, with a view to the fulfilment of the legal measures applied to the defendant or to the agent, in the course of criminal proceedings. Being the prevention of secondary victimisation an aspect of contemporary policies of axial-protection of victims, is established, where appropriate, the possibility of cross-examination of the victim in the course of the investigation so that the deposition be taken into account at trial, or, in the case of the victim if it finds unable to attend at the hearing, the court order , ex officio or at the request, which it claims are taken at the place where it is in day and time that you communicate.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 9 on the same line, introducing the use of restorative practices in the provisional suspension of the procedure and of execution, provides for the possibility of a meeting between the victim and the offender. Flaunting full autonomy, freedom and responsibility of those involved in building their future, do to promote a real dialogue and effective participation, which aims to find the most appropriate means to restore social peace. Being clear that the phenomenon of domestic violence would responses of a social nature, embraces, a pioneer in the employment plan, a scheme which aims to allow the geographical mobility of the victim of domestic violence, providing, in addition, the use of other mechanisms that juslaborais situations specifically verifiable, make an adjustment of working conditions to the situation in which the victim is. In the case of concern, to be worth of full, lacks articulation with other social responses, it is envisaged, in accordance with the award of the status of victim, the possibility of the public authorities to intervene with a view to facilitating the lease, together with the granting of social insertion income with urgent nature and the transfer of the perception of the child benefit for the victim whenever this is with minor children. In the provision of health care, the national health service provides direct assistance to the victim by technical experts, as well as the existence of service offices and clinical treatment for the prevention of the phenomenon of domestic violence. Provides for the provision of resources and clinical treatment of the perpetrators of a crime of domestic violence that are inserted into programs for perpetrators of crimes in the context of domestic violence.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 10 at institutional level, the solutions enshrined anchor on the idea that the phenomenon of domestic violence posits cooperative intervention of the public authorities and civil society, reconfiguring, the national network of shelter and service structures and coenvolvendo, to the extent possible, local authorities in view of the efficiency gains that the structures of proximity can fuel. Being the awareness and education for citizenship particularly important aspects at formation of values of contemporary society, provides a wide range of curricular guidelines and training obligations in professional sectors related to domestic violence, in order, in this way, a real technical training of all that contact with the phenomenon, and to raise awareness of concerns the promotion of behaviors favorable to a reflection of the importance that the physical and moral integrity and the dignity of the human being take, while array of a just society and humanist who should all be fautores. Promoted public consultation before the final approval of this law by the Council of Ministers. Looms ahead of this procedure the broad participation of civil society, raising the contributions offered by non-governmental organizations in General and, in particular, non-governmental organizations of women, as well as institutional body with relief in the area. The consultation culminated with a public debate. Autonomous regions were heard, the Commission for citizenship and gender equality, the National Commission on Data Protection, the Board of Governors of the public prosecutor's Office and the Bar Association. She was promoted to the Supreme Judicial Council. It should also be heard, in the parliamentary consideration, the National Association of Portuguese municipalities.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 11
So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I General provisions Article 1 subject-matter this law establishes the legal regime applicable to the prevention of domestic violence and the protection and assistance of victims. Article 2 definitions for the purposes of this law,: a) ' Victim ' means a natural person who has suffered damage, including an attack on their physical or mental integrity, moral damage, or a material loss, directly caused by action or omission, in the context of the crime of domestic violence as referred to in article 152 of the Criminal Code; b) ' Victim especially vulnerable», the victim whose particular fragility resulting, inter alia, their limited advanced age, or their State of health or of the fact that the type, extent and duration of victimization there result in injuries with serious consequences on your psychological balance or the conditions for their social integration;
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 12 c) ' victim support ' technician, a person who, as part of their professional duties or voluntary, when properly enabled, providing direct assistance to victims; d) «National Network of support for victims of domestic violence ', the set of agencies for support for victims of domestic violence in it including the public administration responsible for the area of citizenship and gender equality, shelter, call centers, specialized care centers, as well as the service cores and mutual help groups duly recognized; e) ' victim support ' Organizations, civil society organizations, non-governmental organizations (non-governmental organizations, women's non-governmental organizations, private social welfare institutions, foundations or other nonprofit associations), legally established, whose activity takes place in cooperation with the action of the State and other public bodies; f) ' programme for perpetrators of crimes in the context of domestic violence», structured intervention with perpetrators of crimes in the context of domestic violence, which promotes the change of their criminal behavior, contributing to the prevention of recidivism, proposed and executed by the social reintegration services, or by other competent authorities as a result of the matter.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 13 CHAPTER II article 3 Purposes Purposes this law establishes a set of measures that are designed to: a) develop policies to raise awareness in the areas of education, information, health and social support, providing the public authorities of the appropriate instruments to achieve these ends; b) Enshrine the rights of victims, ensuring their speedy and effective protection; c) Create protection measures with the purpose to prevent, avoid and punish domestic violence; d) Devote an integrated response of emergency social services and victim support, ensuring a quick and effective access to such services; and) Protect the rights of workers, the employment relationship, are victims of domestic violence; f) Guarantee economic rights of the victim of domestic violence, to facilitate their autonomy; g) Create public policies aimed at ensuring the protection of the rights of the victim of domestic violence; h) police and judicial protection quickly and effectively to victims of domestic violence;
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 14 i) ensure the application of coercive measures and appropriate criminal reactions to the perpetrators of the crime of domestic violence, promoting the implementation of supplementary measures for prevention and treatment; j) Encourage the creation and development of civil society organizations and associations which have as their object to act against domestic violence, promoting its collaboration with public authorities; l) ensure the provision of appropriate health care to victims of domestic violence. Article 4 national plan against domestic violence 1-the Government competes drafting and approving a national plan against domestic violence (PNCVD), whose implementation should be pursued in coordination with other sectoral policies and with civil society. 2-the promotion, monitoring and enforcement of measures contained in the PNCVD compete at the public administration responsible for the area of citizenship and gender equality. CHAPTER III article 5 principle of equality Principles 1-victim, regardless of ancestry, nationality, social status, gender, ethnicity, language, age, religion, disability, political or ideological convictions, sexual orientation, culture and educational level enjoys fundamental rights inherent to the dignity of the human person, and ensure equal opportunities to live without violence and preserve their physical and mental health.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 15 2-must be provided to the victim the conditions for the effective exercise of the rights to life, to security, to health, to food, to education, culture, housing, access to justice, sport, leisure, work, citizenship, freedom, dignity, respect and family and community living. Article 6 principle of respect and recognition 1-the victim is provided with respect for their personal dignity, and recognized their rights and legitimate interests, in particular in the criminal proceedings. 2-the State ensures particularly vulnerable victims a specific treatment, suitable to your situation. Article 7 principle of the autonomy of the will to the victim's intervention is limited to the full respect of your will, without prejudice to the other provisions applicable in the framework of criminal law and criminal procedure. Article 8 confidentiality Without prejudice to the provisions of the code of criminal procedure, the technical support services to ensure the victim adequate respect for their private life, ensuring the confidentiality of information.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 16 article 9 principle of consent 1-Without prejudice to the provisions of the code of criminal procedure, any victim support intervention must be carried out after this provide their informed consent. 2-the intervention of specific support, pursuant to this law, the young victim of domestic violence, aged 16 years and above, depends only on your consent. 3-specific support intervention, in accordance with this law, the child or young victim of domestic violence, under the age of 16 years, depends on the consent of legal representative, or in his absence or if this is the agent of the crime, designated entity by the law, and the consent of the child or young person aged 12 years or more. 4-the consent of the child or young person aged between 12 and 16 years is enough to legitimize intervention of specific support under this law, if the circumstances preventing the timely receipt of statement about the consent of legal representative, or in his absence or if this is the agent of the crime, entity designated by law. 5-the child or young victim of domestic violence, under the age of 12 years, has the right to decide, on the basis of their age and degree of maturity, about the specific support under this law. 6-the victim may at any time revoke his consent.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 17 article 10 protection of victim who lacks the capacity to provide consent 1-outside the scope of criminal proceedings, any intervention in support of victim who lacks the capacity to provide consent may only be carried out in your direct benefit. 2-where, under the law, a larger nest egg, because of mental disorder, disease or for similar reason, the capacity to consent to an intervention, this cannot be carried out without the authorization of his representative, or in his absence or if this is the agent of the crime, an authority or a person or instance designated by law. 3-the victim concerned shall, to the extent possible, participate in the authorization process. Article 11 principle of information the State guarantees the victim to provide information appropriate to the protection of their rights. Article 12 principle of equitable access to health care the State, taking into account health needs and available resources, ensure appropriate measures with a view to ensuring equitable access of the victim to health care of appropriate quality. Article 13 professional obligations and rules any intervention in the area of health and technical support to the victim, including the criminal investigation should be carried out in compliance with the professional standards and obligations, as well as the rules of conduct applicable to the case.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 18
CHAPTER IV section I victim status assignment, rights and cessation of the status of victim article 14 1 victim status Award-Presented to denunciation of the practice of the crime of domestic violence, there is no strong evidence that it is unfounded, should the judicial authorities or the competent criminal police bodies give the victim, at the request of this, assigning victim status document , which includes the rights and obligations set out in this law. 2-When the circumstances of the case showing the special vulnerability of the victim, can the victim be status assigned by the entities referred to in the preceding paragraph, automatically and independently of application, and this, for all legal purposes, if the victim expressly to such does not object. 3-In duly substantiated exceptional cases and can be assigned the status of victim by the public administration responsible for the area of citizenship and gender equality, drawing on this for the purposes set out in this Act, with the exception of those relating to police and judicial procedures. 4-the victim and the competent authorities are obliged to a special obligation of cooperation and should act under the dictates of good faith.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 19 article 15 right to information 1-is guaranteed to the victim, from their first contact with the competent authorities for the application of the law, the access to the following information: a) the type of services or organisations to which you can go to get support; (b)) the kind of support they may receive; c) where and how you can submit complaint; d) what procedures follow-up to complaint and what its role under the same; and) how and on what terms can receive protection; f) to what extent and under which conditions have access to: (i)) legal advice, or ii) legal aid, or iii) other forms of counseling. g) what requirements governing their right to compensation; h) Which the special defence mechanisms that you can use, being resident in another State. 2-whenever the victim requests to the competent authority for that purpose, and without prejudice to the confidentiality regime of Justice, must still be guaranteed information on: a) the follow-up to the complaint;
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 20 b) relevant elements that allows you, in case of prosecution or pronunciation of agent, be aware of the progress of the criminal proceedings regarding the person pronounced by facts concerning them, except in exceptional cases which may affect the smooth running of the process; c) the sentence of the Court. 3-there is potential danger to the victim, appropriate mechanisms should be promoted to provide victims with information about the release of agent arrested or convicted for committing the crime of domestic violence, in the context of criminal proceedings. 4-the victim must also be informed, where this does not disturb the normal development of the criminal proceedings, on the name of the agent responsible for research, as well as the possibility to get in touch with the right to obtain information about the State of the criminal process. 5-Must be provided to the victim the right to opt out of receiving the information referred to in paragraphs 1 and 2, unless the communication thereof is compulsory under the applicable criminal process. Article 16 right to hearing and the submission of evidence 1-the victim constitutes Assistant collaborates with the Department of public prosecutions in accordance with the status of Assistant in criminal proceedings. 2-are taken appropriate measures to ensure that the authorities only inquiram the victim to the extent necessary for the purposes of criminal proceedings.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 21 Article 17 Guarantees 1 communication-necessary measures shall be taken, in conditions comparable to those applicable to the agent of the crime, to minimize as much as possible the problems of communication in relation to understanding, or relative to the victim's intervention on quality of subject of procedure in the various procedural steps of the criminal proceedings in question. 2-shall apply in the situations referred to in the preceding paragraph, the legal provisions in force relating to the appointment of an interpreter. Article 18 specific Assistance to the victim the State ensures free of charge in cases established by law, that the victim has access to legal advice and the advice on his role during the process and, if necessary, the subsequent legal assistance when this is subject in criminal proceedings. Article 19 the victim's Expenses resulting from their participation in the criminal process to the victim who acts as a subject in criminal proceedings, should be afforded the possibility of being reimbursed expenditure incurred as a result of their legitimate participation in criminal proceedings, under the terms established by law.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 22 article 20 right to protection-1 is ensured an adequate level of protection to the victim and, where appropriate, his family or persons treated as such, particularly with regard to security and protection of privacy, where the competent authorities consider that there is a serious threat of acts of revenge or strong evidence that privacy can be serious and intentionally disturbed. 2-contact between victims and accused persons in all places which imply the presence in joint efforts, in particular in the buildings of the courts should be avoided, without prejudice to the application of the procedural rules laid down in the criminal proceedings. 3-in the case of particularly vulnerable victims, with a view to the protection of the purpose of the testimony given in open court, must be provided to the victim the right to qualify, by judicial decision, statement that achieving this objective by any means compatible. 4-the Court may determine, where this is indispensable for the protection of the victim and obtained their consent, which is provided psychosocial support and protection by Teleassistance, for period not exceeding 6 months, unless exceptional circumstances require their overtime. 5-the public administration responsible for the area of citizenship and gender equality partnership schemes may be used to install, ensure and maintain operating the technical means used for Teleassistance.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 23 article 21 right to compensation and the return of 1-the victim is recognized the right to obtain a decision within a reasonable period, on the compensation of the agent of the crime within the criminal proceedings. 2-for the purposes of this law, there's always room for the application of article 82 of the code of criminal procedure, except in cases where the victim such explicitly opposes. 3-Safe need imposed by the criminal proceedings, the objects belonging to the victim and refundable seized in criminal proceedings are immediately examined and returned. 4-regardless of the progress of the process, the victim whose status has been assigned, is the right to withdraw from the House of address family all goods of your personal and exclusive, accompanied, if necessary, by police authority, which must appear on the list provided in the process. Article 22 conditions for prevention of secondary victimisation 1-the victim is entitled to be heard in informal and reserved environment, appropriate conditions must be created to prevent secondary victimisation and to avoid unnecessary pressure on the victim. 2-the victim also has the right, whenever possible, and immediate, with appropriate psychological and psychiatric care by multidisciplinary teams of professionals entitled to screening and therapy of the effects associated with the crime of domestic violence.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 24 Article 23 Victims resident in another State 1-the victims residing in Portugal shall enjoy, in conditions of reciprocity, adequate measures to the remoteness of the difficulties that arise because of their residence, especially with regard to the progress of the criminal proceedings. 2-in the cases referred to in the preceding paragraph, the victims receive the possibility to provide declarations for future memory immediately after the offence has been committed, as well as the hearing through video-conferencing and teleconferencing. 3-is still provided to the victim of crime practiced outside of Portugal the possibility of presenting complaint with the national authorities, which has not always been able to do so in the State where the crime was committed, in which case the national authorities shall forward it promptly to the competent authorities of the territory where the crime was committed. Article 24 termination of 1 victim status-the status of victim stops by the victim's wishes or for verifying the existence of strong indications of unfounded complaint. 2-victim status also ceases with filing inquiry or after the final transit of the termination to the cause, unless, at the request of the victim with the Public Ministry (MP) or of the competent court, as appropriate, the needs of your warrant protection.
PRESIDENCY OF THE COUNCIL OF MINISTERS
Draft law No. 248/X 25 SECTION II police protection and judicial supervision article 25 1-law Access is guaranteed to victims, with the readiness possible, legal consultation to be carried out by a lawyer, as well as the swift and of granting legal aid, with urgent nature, economic failure, weighted in terms of the law. 2-When the same fact der causes several processes, must be ensured, where possible, the appointment of the same agent or lawyer to the victim. Article 26 Assistance and technical advice to support offices judicial magistrates and the MP law of organization and functioning of the Judicial Courts should, where possible, include consulting and technical consulting in the area of domestic violence. Article 27 information and service offices to the victim in the criminal police bodies 1-victims service offices working with the criminal police bodies ensure the prevention and monitoring of domestic violence situations. 2-every force and security service are its network of service offices, with appropriate conditions, namely privacy, the care of victims.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 26 3-the preceding paragraphs shall also be carried out, wherever possible, on the premises of the departments of investigation and prosecution. Article 28 Priority on prevention and research taking into account the dignity of legal goods under and the need to protect victims, the crime of domestic violence is a crime investigation and prevention a priority, considering as such the laws of criminal policy. Article 29 Rapid 1-procedural processes for felony domestic violence have urgent nature, although there are no defendants arrested. 2-the urgent nature of the crime of domestic violence cases entails the application of the arrangements provided for in paragraph 2 of article 103 of the code of criminal procedure. Article 30 denunciation of the crime 1-the complaint of criminal nature, is made in general terms, whenever possible, through forms, in particular the standard news, created within the framework of the criminal investigation and prevention and support for victims. 2-is still ensured the existence of own forms under the electronic complaint system, which ensures the connection with a public access website with specific information about domestic violence.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 27 Article 31-1 Detention to detention in flagrante delicto for a crime of domestic violence, which should remain until the detainee be presented the trial hearing in the form field or the first judicial interrogation for possible application of coercive measure or equity assurance without prejudice to the provisions of paragraph 3 of article 143, paragraph 1 of the article 261.º, paragraph 3 of the article 382.º and paragraph 2 of article 385.º of the code of criminal procedure. 2-in addition to the provisions of paragraph 1 of article 257 of the code of criminal procedure, out of flagrante delicto, detention for the crime referred to in the preceding paragraph may be made by court order of judge or, in cases where pre-trial detention is admissible, a public prosecutor, if there is danger of further criminal activity or if this show a must to protect the victim. 3-in addition to the situations referred to in paragraph 2 of article 257 of the code of criminal procedure, the police authorities may also order the holding out of flagrante delicto for a crime referred to in paragraph 1, on its own initiative, when: a) is checked any of the requirements set out in the preceding paragraph; and (b)) is not possible, given the situation of emergency and danger in delay, wait for the intervention of the judicial authority.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 28 article 32 enforcement measures 1-urgent after establishment of defendant for committing the crime of domestic violence, the Court considers, within 48 hours, the application, without prejudice to the other coercive measures provided for in the code of criminal procedure and with respect for General and specific assumptions application referred to therein of measurement or from the following measures: a) to acquire, not to use or deliver, immediately, weapons or other objects and utensils holding, capable of facilitating the continuation of criminal activity; b) Subject, upon prior consent, the frequency of program for perpetrators of crimes in the context of domestic violence; c) does not remain in the residence where the crime has been committed or where dwell the victim; d) Not to contact the victim, with certain people or attend certain places or certain means. 2-subparagraphs (a) (c)) and (d)) of the preceding paragraph maintains its relevance even in cases where the victim has left the residence on the grounds of circulation or serious threat of Commission of the crime of domestic violence.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 29 Article 33 use of videoconference or teleconference 1-statements and statements of victims, when involving the presence of the accused, will be provided through videoconference or teleconference, if the Court, in particular at the request of the victim, so understand how necessary to ensure the provision of statements or statement without constraints and may, for this purpose, request the opinion of health professionals to monitor the evolution of the situation of the victim. 2-the victim will be accompanied in providing the declarations or statements, by health care professional that you have been dispensing psychological or psychiatric support. Article 34 claims for future memory 1-the judge, at the request of the victim or of the MP, can carry out the inquiry that in the course of the investigation, so that a statement can, if necessary, be taken into account at trial. 2-the MP, the defendant, the defender and the lawyers constituted in the process are notified of the time and location of the delivery of the statement to which may be present, being mandatory the appearance of MP and defender. 3-the taking of statements is performed on casual and reserved, with a view to ensuring, in particular, the spontaneity and sincerity of the answers, and the victim was assisted during the course of the procedural act by a technician specially enabled for your follow-up, previously appointed by the Court.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 30 4-the inquiry is made by the judge, and may then the MP, consisting of lawyers and the Defender, in this order, to formulate additional questions. 5-is correspondingly applicable articles 352, 356.º, 363 and 364.º of the code of criminal procedure. 6-the preceding paragraphs is correspondingly applicable to statements by the Assistant and the civil parties, experts and technical consultants and acareações. 7-the taking of statements pursuant to the preceding paragraphs shall not preclude the provision of testimony in trial hearing, whenever it is possible and not put into question the physical or mental health of the person who should pay. Article 35 If statements, for socket based reasons, the victim find unable to attend at the hearing, can the court order, ex officio or at the request, which it claims are taken at the place where it is in day and time that you communicate. Article 36 Penalties in the event of conviction for committing the crime of domestic violence, the officials may apply the penalties referred to in article 152 of the Criminal Code.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 31 article 37 remote control technical means 1-the tribunal, with a view to the application of the measures provided for in articles 52 of the Penal Code, in article 281 of the code of criminal procedure and articles 32 and 36 of this Act, may, where this is indispensable for the protection of the victim , determine that the fulfilment of those measures is monitored by technical means of remote control. 2-the remote control is carried out in respect for the personal dignity of the accused, by telematic monitoring or other positional suitable technology, according to the suitable technological systems. 3-the remote control is the responsibility of the probation services and is run in close conjunction with victim support services. 4-for the purposes of paragraph 1, the judge requests information services responsible for the previous remote control on the personal situation, family, labour and business of the defendant or of the agent. 5-revocation, modification and extinction of the removal supervised by remote control technical means apply the rules laid down in articles 55 to 57 of the Penal Code and articles 212.º and 282 of the code of criminal procedure. Article 38 1-Consent to use of technical means of control depends on the consent of the defendant or agent and, in cases where their use involves the participation of the victim, also will depend on this consent.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 32
2-the use of technical means of control depends on the consent of the people who should pay, in particular those people who live with the defendant or agent and which may be affected by the stay of the defendant or agent compulsory in certain place. 3-the consent of the defendant or of the agent is provided personally before the judge, in the presence of the Defender, and reduced auto. 4-whenever the use of technical means of remote control is required by the defendant or by the agent, the consent shall be deemed to have been provided by a simple statement of this on request. 5-the victims and the persons referred to in paragraph 2 providing your consent to the services responsible for implementing technical means of remote control by a simple written statement, that the send later to the judge. 6-The consent provided for in this article shall be revocable at any time. Article 39 mandatory reporting and data processing 1-decisions to award the status of victim and the final decisions in practical cases of the crime of domestic violence are reported without personal data, the public administration responsible for the area of citizenship and gender equality, as well as the Directorate General of internal administration, for the purposes of registration and processing of data. 2-the provisions of the preceding paragraph shall be without prejudice to the rules for processing of data for statistical purposes, in the area of Justice, in the field of domestic violence, in accordance with the applicable legislation.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 33 article 40 measures to support the reintegration of agent 1-the State must promote the creation of necessary conditions to psychological support and officers convicted for psychiatric of crimes of domestic violence, as well as those in respect of which have been provisional suspension decision process obtained their consent. 2-are defined and implemented programs for perpetrators of crimes in the context of domestic violence, in particular with a view to suspending the execution of the sentence of imprisonment. Article 41 Date during the temporary suspension restorative process or during the fulfillment of the sentence can be promoted, in accordance with the regulations, a meeting between the crime and the victim's agent, obtained the express consent of both, in order to restore social peace, taking into account the legitimate interests of the victim, guaranteed to be the necessary security conditions and the presence of a penal mediator accredited for this purpose. Article 42 support fund the violent crime victim must provide, in accordance with the applicable legislation, especially restraints established for victims of domestic violence.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 34 SECTION III Supervision article 43 Social co-operation of employers whenever possible, and when the size and the nature of the employer permit, this must be taken into account as a priority: a) the request for change of the full-time worker who is victim of domestic violence to a part-time work that becomes available in the agency or service; b) the request for change of the part-time worker who is victim of domestic violence to a full-time job or increase your working time. Article 44 Transfer 1-worker's request pursuant to the labour code, the worker is a victim of domestic violence have the right to be transferred, temporarily or permanently, at their request, to another establishment of the company, verified the following conditions: the) presentation of termination; b) output of the family dwelling house at the time of the budget. 2-In situation referred to in the preceding paragraph, the employer may only postpone the transfer on the grounds of imperative requirements linked to the operation of the business or service or until there is job matching available.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 35 3-in the case referred to in the preceding paragraph, the employee is entitled to suspend the contract immediately until the transfer. 4-is guaranteed the confidentiality of the situation that motivates the contractual changes the provisions of the preceding paragraph, if requested by the person concerned. 5-the preceding paragraphs shall apply, mutatis mutandis, to the workers who carry out public functions. Article 45 fouls, fouls given by the victim that they are motivated by the impossibility of paying job because of the practice of the crime of domestic violence are, according to the applicable legal regime, justified. Article 46 collective labour regulation instruments The collective labour regulation instruments, whenever possible, should establish, for part-time and for geographic mobility, preferences in favour of workers who benefit from the status of victim. Article 47 rental Support When the need for removal of the victim from the offender of domestic violence warrant, the victim is entitled to support, the allocation of fire or comparable specific mode, under the terms and conditions to be defined in its own diploma.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 36 Article 48 Social insertion Income the victim of domestic violence can be entitled to Revenu inserçãonos terms and with the effects laid down in paragraph 2 of article 4 of law No. 13/2003, of 21 may, with the amendments introduced by law No. 45/2005 , of 29 August, being an application processed as a matter of urgency. Article 49 child benefit at the request of the victim, operate, when necessary, the transfer of the perception of the child benefit in respect of minor children that you are. Article 50 vocational training to the victim of domestic violence is recognised preferential access to vocational training programmes. Article 51 clinical treatment to the national health service provides direct assistance to the victim by technical expertise and promotes the existence of service offices and clinical treatment for the prevention of the phenomenon of domestic violence. Article 52 relief from charges the victim is exempt from payment of user fees under the national health service.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 37 article 53 Refund of benefits 1-economic and social benefits inherent to the victim status that have been paid in error must be returned. 2 – the following are considered as unduly paid economic and social benefits whose assignment has been based on false declarations of who there is benefited the status of victim or the omission of information legally required. Article 54 false statements Without prejudice to the criminal liability, the provision of false statements under the victim status determines the termination of economic and social benefits provided for in the law. Chapter V Institutional Network article 55 national Network of support for victims of domestic violence 1-the national network of support for victims of domestic violence involves the public administration responsible for the area of citizenship and gender equality, shelter, the service centres and the specialized centres. 2-Integrate also the network referred to in the preceding paragraph the cores and the mutual help groups, duly certified by the public administration responsible for the area of citizenship and gender equality.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 38
3-service offices, established under the criminal police bodies act in close cooperation with the national network of support for victims of domestic violence. 4-is ensured the existence of a free and telephone service with nationwide coverage, of information to victims of domestic violence. 5-Any arrangements for public support for the creation or operation of shelter houses, service centers, specialized care centres or service centres lacks technical supervision of public administration responsible for the area of citizenship and gender equality, in accordance with its organic law, being the responsibility of the Social Security Institute , I. p. (ISS, I. P.) technical support and monitoring of responses. 6-in cases where the victims of domestic violence are children or underage youth, the National Commission for the protection of children and young people at risk and commissions for the protection of children and young people establish the procedures of protection in terms of their legal duties, without prejudice to the arrangements for possible cooperation with the agencies, and entities of the national network of support for victims of domestic violence. 7-in situations where the victims are elderly or dependent situation, no family should rear the ISS, i. p. or another competent body, develop a priority referral to the host within the network of social services and equipment, without prejudice to the proper articulation with the national network of support for victims of domestic violence. 8-in the framework of the national network of support for victims of domestic violence, the relevance of victim support organisations is recognised by the State and its role is stimulated by this, particularly in the implementation of support policies.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 39 article 56 1-Free services provided through the national network of support for victims of domestic violence are free. 2-proven insufficient economic means, the legal support provided to victims is free. Article 57 1-local authorities Participation in its functions and duties, local authorities can integrate, in partnership, the national network of support for victims of domestic violence, collaborating in particular on dissemination of the existence of the call centres in operation in their respective territorial areas. 2-in cases where the equipment is property of local authorities, the maintenance of the facilities is ensured by this and may in other cases, and where possible, contribute to the good condition of the same. Article 58-1 Financing on investment for construction and equipment of responses in the area of domestic violence, public support of the central Government is in specific programmes of investment in social equipment. 2-the financial support referred to in paragraph 1 may be ensured by funds from Community funds, in accordance with the applicable regulations.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 40 3-financial support for the operation of social responses in the area of domestic violence shall be governed by the scheme of cooperation, in accordance with the legislation in force. Article 59 cooperation with foreign entities within the national network of support for victims of domestic violence can establish cooperation agreements with similar foreign entities for security of its users. Article 60 Commission for citizenship and gender equality the public administration responsible for the area of citizenship and gender equality is responsible for the development of policies of protecting and promoting the rights of victims of domestic violence, and in particular: a) participate in legislative changes that respect the scope of its mandate; b) Promoting the protocols with the bodies and intervention services in this area and the non-governmental organizations or other private entities; c) Streamline the creation of multidisciplinary teams and their specialized training; d) collaborate in the insertion of specific contents in curriculum and training of all professionals who, directly or indirectly, contact with the phenomenon of domestic violence; e) Request and coordinate audits and studies of diagnosis and assessment of needs, measures and social responses; f) Stimulate, coordinate and monitor the development of the diagnosis of the situation of victims;
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 41 g) Fix the action of every public and private entities, frameworks and intervention programmes in the area of the victims, so as to strengthen cooperation and strategies of resource rationalization; h) Cooperate with the National Commission for the protection of children and young people at risk in the development of policies, strategies and measures relating to the promotion and protection of children and young victims of domestic violence; I) Certify to that end entities whose activities in the area of domestic violence involves, by its relevance, inclusion in the national network of support for victims of domestic violence and that rely on this form of recognition; j) Organize and coordinate the data record of domestic violence, disaggregated by age, sex and nationality, for the purpose of collection and analysis of information related to occurrences reported security forces and judicial decisions that, by law, are to be communicated; l) Issue the opinions provided for in law. Article 61 houses network supporting victims 1-it is up to the Government to promote the creation, installation, and support for the operation of the network of support for victims, which includes the workhouse, the service centres and the specialized centres. 2-the network of support must be established in order to ensure balanced coverage of the national territory and of the population, and must be necessarily present in all districts.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 42 3-in the metropolitan areas of Lisbon and Porto, the network referred to in the preceding paragraphs must include at least two shelter houses. Article 62 1-shelter houses shelter houses are residential units intended for the temporary host victims, accompanied by minor children or not. 2-the State it is for grant support, as a priority, to shelter women victims. 3-Notwithstanding the preceding paragraphs, the shelter houses, where it is admitted in its rules of procedure, can host other victims of gender violence, whether as a result of the practice of the crime of trafficking in persons, either through other forms of discrimination on the basis of sexual orientation. Article 63-1 call centres service centres are units consisting of one or more technical, multidisciplinary teams, public entities dependent on the central or local administration, as well as other entities with those have concluded cooperation protocols and to ensure, in an integrated manner, customer service, support and custom forwarding of victims, with a view to their protection. 2-the protocols of cooperation referred to in the preceding paragraph should be agreement among the Government bodies responsible for the areas of citizenship and gender equality and social security, ensuring their conformity with the parameters of this law and of the PNCVD.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 64 Article 43 specialized centres The specialised centres are specialized care services to victims, in particular, constituted under the national health service bodies or to the employment services, vocational training and social security. Article 65 of the shelter Objectives Are objectives of shelter: a) Host temporarily victims, accompanied or not of minor children; b) where relevant, promote, during the stay in foster home, personal, professional and social skills of the victims, which could avoid possible situations of social exclusion and with a view to its effective social (re) insertion. Article 66 operation of shelter houses 1-shelter houses are organized into units that promote a family-type affective relationship a custom daily life and integration in the community. 2-for the purposes of the preceding paragraph, the shelter houses are governed in accordance with the procedure described in this law, in its rules of procedure and the rules applicable to entities that are the same legal nature with cooperation agreements concluded, provided they do not conflict with the standards set out in this law.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 44
3-the rules of procedure, to be approved jointly by members of the Government responsible for the areas of citizenship and gender equality and of labour and social solidarity, or for whom these designate, must be made known to the victims at the time of their admission, and must be signed by the corresponding end-user license agreement. 4-The shelter houses have, for the purposes of technical guidance, at least one licensed behavioral areas, preferably a psychologist and/or social service technician, acting in conjunction with the coaching staff. 5-given the nature and the purposes pursued by the houses of shelter, the territorially competent police authorities will provide all the support necessary for the protection of workers and victims, ensuring appropriate surveillance along the same. Article 67 organization and management of shelter houses 1-shelter houses can work in equipment belonging to public or private entities. 2-the houses of shelter, the service centres and the specialized centres coordinate their activities among themselves. 3-in the case of private non-profit entities, the State supports its action upon the conclusion of cooperation agreements.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 45 article 68 1 technical team-shelter houses have the assistance of a technical team who is the diagnosis of the situation of the victims admitted at the institution and the support in the definition and implementation of their projects of promotion and protection. 2-the team should have a multidisciplinary Constitution, integrating the valences of law, psychology and social work. Article 69 staff Training the public administration responsible for the area of citizenship and gender equality ensures, without prejudice to the participation of other entities, specific training to technical staff of shelter and service centres. Article 70 1 Host-the acceptance of the victims in the shelter takes place either by indication of the technical team of call centres, either by the technicians who ensure the telephone service of the green line, on application of the victim. 2-Preferably the host is assured by institution located in the geographic area closest to the residence of victims, without prejudice to other solution be adopted on the basis of the analysis of the technical team.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 46 3-reception in the shelter is short-lived, which assumes the victim's return to life in the community of origin, or another because has chosen, in a period not exceeding six months. 4-the residence for more than six months may be allowed, exceptionally, by reasoned opinion of staff accompanied by the evaluation report of the situation of the victim. Article 71 immediate Causes of termination Are immediate causes of hosting host cessation, among others: a) the expiry of the time limit laid down in paragraphs 3 and 4 of the preceding article; b) the manifestation of the will of the victim; c) non-compliance with the rules of operation of the foster home. Article 72 victims and rights and duties of minors in host 1-victims and minors welcomed in shelter houses have the following rights: a) room and Board in conditions of dignity; b) enjoy a space of privacy and a degree of autonomy in the conduct of his personal life suitable to their age and situation. 2-special duty Constitutes the victims and minors welcomed in shelter homes fulfill their operating rules.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 47 Article 73 Participation to Public Ministry 1-those in charge of the shelter must attend the services of competent MP situations of victims that are aware, for the purpose of establishment of the respective criminal proceedings. 2-When the leaders of shelter houses find reasons to suspect that allow admit they founded minors welcomed been themselves victims of domestic violence, must immediately report such circumstance to the MP, through and shape that safeguard the confidentiality of the information. Article 74 the victim's Domicile welcome home shelter the victim received in foster home shall be deemed to be domiciled in the center that processed its admission. Article 75 medical assistance and medication Through statement issued by the call centre who provided the admission, integrated health services in national health service located in designated shelter area provide all necessary assistance to the victim and her children. Article 76 1 access to educational establishments-the minor children of the victims embraced in the shelter is guaranteed the school transfer, without observance of the numerus clausus, to school closer to its foster home.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 48 2-this transfer operates on the basis of statement issued by the call centre who provided the victim's admission. Article 77 Service Centers service cores are recognized for victims services, working with character continuity, provided by victim support organisations and involving support technicians properly enabled. Article 78 mutual help Groups with a view to empowering victims, groups of community oriented mutual aid society aimed at promoting self-help and empowerment of victims are certified by the body of public administration responsible for the area of citizenship and gender equality, whenever the require, for the purposes of integration in the national network of support for victims of domestic violence. CHAPTER VI Article 79 citizenship education Education State shall define, in the objectives and curriculum guidelines of pre-school education, primary and secondary cycles the guiding principles of a program for the prevention of the crime of domestic violence, in accordance with the physical, emotional, psychological and social of the children who attend those educational establishments with a view, in particular, provide them with understanding: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 49 a) the phenomenon of violence and its diverse manifestations, origins and consequences; (b)) the respect to which they are entitled, their intimacy and their privacy; c) parental behaviors and relationships in family life; d) the symbolic violence and the structural and institutional nature; and) power relations that mark personal interactions, and social groups; f) the relationship between children, adolescents, young people and people in adulthood. Article 80 the State awareness and information ensures the promotion of policies for the prevention of domestic violence through: a) develop scripts and educational products for awareness-raising and information in schools, including education on gender equality, education for non-violence and peace, education for the affections, relationship between gender and multiculturalism and conflict resolution through communication; b) creation and dissemination of informational and educational materials directed to the student population; c) conducting contests in schools to select the best teaching materials produced in order to integrate temporary exhibitions; d) Streamlining of awareness-raising activities with the schools, in partnership with the other actors of the educational community, by soldiers and agents of the security forces involved in outreach programs, victim support and community;
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 50 e) develop scripts and products for household awareness on the need to adopt alternative educational strategies to violence; f) awareness of the Elimination of sexist and discriminatory references all of the school supplies; g) Streamlining of awareness-raising activities along the bodies of public administration and public enterprises in order to modify the conduct that promote, stimulate and perpetuate domestic violence; h) Promotion of national and local campaigns in the media; I) dissemination of information material about the evidence revealing the violence among health professionals, to make them aware for the detection of these cases; j) Promotion of the expansion of the knowledge base and the Exchange with national and foreign entities, information, identification and dissemination of good practices for the prevention of domestic violence. Article 81 1-Formation to the extent of the needs, specific training should be promoted in the area of domestic violence to teachers of pre-school education, of basic and secondary schools, so that acquiring knowledge and techniques enabling them to educate children in the respect for human rights and fundamental freedoms, equality between men and women, the principle of tolerance and in the prevention and peaceful resolution of conflicts in the context of the family and social life, as well as the detection of the forms of violence.
PRESIDENCY OF THE COUNCIL OF MINISTERS
Draft law No. 248/X 51 2-health workers whose performance proves to be relevant in the matter should be given training on domestic violence, which includes the preparation for early detection of cases of violence and, where there are telltale signs of crime, awareness of its complaint. 3-training activities of the Centre for Judicial Studies include contents about the crime of domestic violence, its causes and consequences. 4-the organs of criminal police and forensic technicians receive training specific component in the area of domestic violence aimed at the prevention of forms of secondary victimisation, particularly in the context of the collection of evidence. Article 82 1 Protocols-schools and education and especially suited for the monitoring of situations resulting from the crime of domestic violence may conclude cooperation protocols. 2-local authorities who have, or wish to have, projects against violence, in particular spaces of information on issues of domestic violence, are supported by the conclusion of protocols, with a view to carrying out campaigns and awareness-raising activities in local communities and the extension of national network coverage of support for victims. 3-the State promotes, with the professional bodies of the health area, the conclusion of the protocols necessary for the regular disclosure of information material on domestic violence in doctors ' offices and pharmacies.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 52 4-protocols may be concluded between the public administration responsible for the area of citizenship and gender equality and the various government bodies involved in the protection and victim assistance, with a view to defining the administrative procedures for data communication and the integrated development of the network policies of protection of victim and awareness against domestic violence. 5-the public administration responsible for the area of citizenship and gender equality can still celebrate agreements with NGOs with a view to the coordination of procedures for the protection and assistance to the victim. CHAPTER VII final provisions article 83 1-transitional provisions until its review, shall remain in force, with the necessary adaptations, the implementing Decree No. 1/2006, of 25 January. 2-The initial conditions of use of the technical means of alarm and remote control provided for in this Act occur during a trial period of three years and may be limited to regions where there are the technical means needed.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 53 Article 84 repeal shall be repealed law No. 107/99, of 3 August and Decree-Law No. 323/2000, 19 December. Article 85 1 Regulation-regulatory acts necessary for the implementation of this law are approved by the Government within 180 days. 2-the assignment document model of victim status, provided for in paragraph 1 of article 14, is approved by order of the members of the Government responsible for the areas of citizenship and gender equality, of the Interior and of Justice. 3-characteristics of the technological systems of remote control referred to in article 37 are approved by order of the Member of Government responsible for the area of Justice. 4-The initial conditions of use of the technical means of Teleassistance, referred to in paragraphs 4 and 5 of article 20, and the means of remote control provided for in article 37 of this law, shall be fixed by order of the members of the Government responsible for the areas of citizenship and gender equality and justice. 5-the requirements and qualifications needed for the technical enablement of victim support, provided for in article 2, point (c)) are defined by order of the members of the Government responsible for the areas of citizenship and gender equality, justice and vocational training.
PRESIDENCY of the COUNCIL of MINISTERS draft law No. 248/X 54 Article 86 entry into force this law shall enter into force 30 days after the publication.
Seen and approved by the Council of Ministers, of 15 January 2009 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency
Search Translated Laws of Portugal