CHAIR OF THE COUNCIL OF MINISTERS

1

Proposal for Resolution No 16 /XIII

The Portuguese Republic is, since November 9, 1978, part of the Convention for the Protection of

of Human Rights and Fundamental Freedoms, to which it was approved, for ratification,

by the Assembly of the Republic, by Law No. 65/78 of October 13, having its instrument

of ratification was deposited on November 9, 1978, as notice published in the I Series

from the Journal of the Republic n. 1/1979, of January 2.

The Convention for the Protection of Human Rights and Fundamental Freedoms acknowledges,

above all, rights belonging to the group of so-called "civil and political" rights, being the

interdiction of discrimination consecrated in respect of respect Article 14 limited to these rights. Thus,

and in the face of the finding that the protection provided by Article 14 of the Convention in what it says

respect for equality and non-discrimination is limited in comparison with the provisions of

other international instruments, the Committee of Ministers of the Council of Europe has resolved

adopt Protocol No 12 to the Convention for the Protection of Human Rights and the

Fundamental freedoms, open to signature in Rome, on November 4, 2000, which

was signed by the Portuguese Republic on the same date.

By supplementing the protection already provided for in the Convention for the Protection of Human Rights

and Fundamental Freedoms, for containing a general interdiction clause of discrimination

relatively to the enjoyment of the whole and any right provided for in national legislation, the Protocol

n. 12 comes to strengthen the legal mechanisms already in place in the Portuguese legal order, in the

scope of the protection of human rights, by extending the scope of the clause of

general interdiction of discrimination also for economic, social or cultural matrix rights.

CHAIR OF THE COUNCIL OF MINISTERS

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:

Approves Protocol No 12 to the Convention for the Protection of Human Rights and the

Fundamental freedoms, open for signature in Rome, on November 4, 2000, whose

text in the English-language authenticated version and respect translation in Portuguese language, if

publish in attachment.

Seen and approved in Council of Ministers of June 30, 2016

The Prime Minister

The Minister of Foreign Affairs

The Secretary of State for Parliamentary Affairs