Resolution 3 : Sexual and gender-based violence: joint action on prevention and response

Portugal is committed to (directly and indirectly) prevent sexual and gender-based violence in situations of armed conflict and disaster and to implement reliable response mechanisms. In this sense, general policies and legal frameworks address sexual and gender-based violence in Portugal, striving to promote general gender equality and women’s political, social and economic empowerment, thus minimising, in the medium and long terms, the likelihood of disproportionate and/or discriminatory violence in case of armed conflict or disaster.
Adding to this holistic approach on (national and international) Human Rights Law and International Humanitarian Law, the Portuguese government has also prioritised specific areas of Resolution 3 related to Sexual violence in armed conflicts, in particular those related to:
- upholding appropriate legal and policy frameworks on these matters;
- preventing sexual and gender-based violence: (even in time of peace,) disseminating the special provisions of international humanitarian law that prohibit sexual violence in armed conflict and instructing armed and security forces in these matters; raising awareness among the wider population of the prohibition of sexual violence;
- ensuring prosecution of perpetrators and adequate support for victims.

Public policies aimed at preventing and fighting sexual and gender-based violence have included adopting national and international legislation on the matter, as well as putting into action special plans at the domestic and international levels.
Portugal is party to major international legal instruments on the prevention and response to sexual and gender-based violence and discrimination. More recently, on 5 February 2013, Portugal became the third State to deposit its instrument of ratification to the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (the Istanbul Convention), and the first EU Member State to do so. At the national level, a wide range of legislation and regulations cover the prevention and response to sexual and gender-based violence and discrimination – ranging from Constitutional Law to Criminal Law. For example, victims of domestic violence (over 80% of people seeking the help of the NGO Portuguese Association for Victim Support is female) are protected under a broad legal framework which addresses their particular vulnerability – such as special rules on their access to justice and legal aid, health-care and special social benefits.
As for special plans aimed at promoting gender equality and fighting gender-based violence, Portugal has specific mid-term plans in course, both internally and externally (development cooperation). Current national plans for gender equality and for the prevention and public response to gender-based violence have been put into action since 2014 (taking after previous successful and similar plans): the V National Plan for Gender Equality, Citizenship and Non-discrimination 2014-2017 (V PNI), the V National Plan to Prevent and Combat Domestic and Gender-based Violence 2014-2017 (V PNPCVDG) and the III National Plan to Prevent and Combat Trafficking in Human Beings 2014-2017 (III PNPCTSH) – an English version of these plans is available at the official website of the Commission for Citizenship and Gender Equality (Attachment 1). In accordance with the V PNI, all ministries have approved their respective Sector Action Plan for Equality 2014-2017 and are undertaking measures according to their functions. National plans are intertwined with strategic options and priority lines followed by Portugal at the international level, such as the ones in the Strategic concept for Portuguese Development Cooperation 2014-2020 (Attachment 2) and in the Portuguese Cooperation Strategy for Gender Equality.
State monitoring mechanisms and specific training of public servants (social workers, healthcare workers, school workers, law enforcement, criminal police and prosecutors) are in place, as are law enforcement and justice systems and communication/coordination between competent public services and relevant NGOs. Lectures and debates on these matters are held frequently by the academia, NGOs and public services. Data and information related to sexual and gender-based violence are subject to periodical statistical analysis and studies by the National Institute of Statistics, NGOs and academia.
Sexual and gender-based violence in situations of armed conflict or disaster are addressed during the instruction of armed forces, security forces, detaining authorities and civil protection personnel. National forces receive special training regarding sexual and gender-based violence and abuse prior to their deployment to peacekeeping and peacebuilding missions abroad. Furthermore, deployed members of the Portuguese armed forces and security forces follow rules of conduct in order to prevent sexual violence and harassment.