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CONSTITUTION OF THE PORTUGUESE REPUBLIC

SEVENTH REVISION [2005]

 

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Article 9

(Fundamental tasks of the state)

The fundamental tasks of the state shall be:

h) To promote equality between men and women.

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Article 13

(Principle of equality)

1. Every citizen shall possess the same social dignity and shall be equal before the law.

2. No one shall be privileged, favoured, prejudiced, deprived of any right or exempted from any duty on the basis of ancestry, sex, race, language, place of origin, religion, political or ideological beliefs, education, economic situation, social circumstances or sexual orientation.

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Article 58

(Right to work)

1. Everyone shall possess the right to work.

2. In order to ensure the right to work, the state shall be charged with promoting:

a) The implementation of full-employment policies;

b) Equal opportunities in the choice of profession or type of work, and the conditions needed to avoid the gender-based preclusion or limitation of access to any position, work or professional category;

c) Cultural and technical training and vocational development for workers.

 

Article 59

(Workers’ rights)

1. Regardless of age, sex, race, citizenship, place of origin, religion and political and ideological convictions, every worker shall possess the right:

a) To the remuneration of his work in accordance with its volume, nature and quality, with respect for the principle of equal pay for equal work and in such a way as to guarantee a proper living;

b) That work be organised in keeping with social dignity and in such a way as to provide personal fulfilment and to make it possible to reconcile professional and family life;

c) To work in conditions that are hygienic, safe and healthy;

d) To rest and leisure time, a maximum limit on the working day, a weekly rest period and periodic paid holidays;

e) To material assistance when he involuntarily finds himself unemployed;

f) To assistance and fair reparation when he is the victim of a work-related accident or occupational illness.

2. The state shall be charged with ensuring the working, remuneratory and rest-related conditions to which workers are entitled, particularly by:

a) Setting and updating a national minimum wage which, among other factors, shall have particular regard to workers’ needs, increases in the cost of living, the level to which the sectors of production have developed, the requirements imposed by economic and financial stability, and the accumulation of capital for development purposes;

b) Setting national limits on working hours;

c) Ensuring special work-related protection for women during pregnancy and following childbirth, as well as for minors, the disabled and those whose occupations are particularly strenuous or take place in unhealthy, toxic or dangerous conditions;

d) In cooperation with social organisations, ensuring the systematic development of a network of rest and holiday centres;

e) Protecting emigrant workers’ working conditions and guaranteeing their social benefits;

f) Protecting student workers’ working conditions.

3. Salaries shall enjoy special guarantees, as laid down by law.

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Article 68

(Fatherhood and motherhood)

1. In performing their irreplaceable role in relation to their children, particularly as regards the children’s education, fathers and mothers shall possess the right to protection by society and the state, together with the guarantee of their own professional fulfilment and participation in civic life.

2. Motherhood and fatherhood shall constitute eminent social values.

3. Women shall possess the right to special protection during pregnancy and following childbirth, and female workers shall also possess the right to an adequate period of leave from work without loss of remuneration or any privileges.

4. The law shall regulate the grant to mothers and fathers of an adequate period of leave from work, in accordance with the interests of the child and the needs of the family unit.

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Article 109

(Citizens’ participation in politics)

The direct and active participation in politics by men and women is a fundamental instrument in the consolidation of the democratic system, and the law shall promote both equality in the exercise of civic and political rights and the absence of gender-based discrimination in access to political office.

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