Key Benefits:
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Resolution No. 134 /X/4.
1
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.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Resolution No. 134 /X/4.
2
Thus:
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
attachment.
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