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Approving The Additional Protocol To The Convention On Cybercrime Concerning The Criminalisation Of Acts Of Racist And Xenophobic Nature Committed Through Computer Systems, Adopted In Strasbourg On 28 January 2003

Original Language Title: Aprova o Protocolo Adicional à Convenção sobre o Cibercrime relativo à Incriminação de Actos de natureza Racista e Xenófoba Praticados através de Sistemas Informáticos, adoptado em Estrasburgo, em 28 de Janeiro de 2003

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Proposal for Resolution No. 134 /X/4.


Considering that acts of a racist and xenophobic nature constitute a violation of the

human rights and a threat to the rule of law and democratic stability;

Considering that national legal ordinances and international law should

have adequate legal responses to the propaganda of a racist and xenophobic nature

by means of computer systems;

Recognizing that freedom of expression constitutes one of the essential pillars of

democratic society, equating, however, the necessary balance with the rights

fundamental of the human being;

Considering the need for the incrimination of the diffusion and other forms of placement to the

disposition of the public of racist and xenophobic material in computer systems, of the threat

or insult with racist or xenophobic motivation and of denial, minimization, approval or

justification of genocide or crimes against humanity;

Considering the strategy advocated by other instruments, namely the

Convention for the Protection of Human Rights and Fundamental Freedoms and the

your Protocol No 12 on the General Interdiction of Discrimination, as well as the

Conventions of the Council of Europe on cooperation in criminal matters, in particular the

Convention on Cybercrime, the International Convention of the United Nations on the

Elimination of All Forms of Racial Discrimination, signed on December 21,

1965, and the Joint Action of the European Union, of July 15, 1996, adopted by the

Advice on the basis of Article K. 3 of the Treaty on European Union and on the action to be taken

to combat racism and xenophobia.


Proposal for Resolution No. 134 /X/4.



Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic, the following motion for a resolution:

Approve the Additional Protocol to the Convention on Cybercrime on the Incrimination of

Acts of Racist Nature and Xenophoba Practicated through Informatics Systems,

adopted in Strasbourg on January 28, 2003, the text of which, in the authenticated version in the

english language, as well as the respective translation into the Portuguese language, if public a in


Seen and approved in Council of Ministers of March 19, 2009

The Prime Minister

The Minister of State and Foreign Affairs

The Minister of the Presidency

The Minister of Parliamentary Affairs