The Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO), while acknowledging the significant commitment of the Portuguese authorities and the progress achieved, also points out a number of shortcomings and recommends measures to improve the protection of victims, the prosecution of offenders, as well as prevention measures.
Following the ratification by Portugal of the convention in 2013, the scope of public policies was widened and other forms of violence against women such as stalking, female genital mutilation (FGM) and forced marriage were criminalised.
GREVIO in its report has welcomed the efforts in the area of FGM that resulted in three consecutive programmes of action specifically targeting this form of violence, which makes Portugal a pioneer in the area.
GREVIO has also called on Portugal to develop long-term programmes addressing all forms of violence covered by the convention and to build on progress already achieved.
The report recognises progress achieved in building a solid legislative framework to address violence against women, but identifies a few remaining important gaps. A particular area of concern is the definition of rape which is not based only on the absence of freely given consent and requires the use of “constraint”.
GREVIO also expresses concern about the widespread use of suspended proceedings and the general lack of emphasis in achieving convictions in cases of violence against women.
It also recalls that prosecution and sanctions are an essential part of the protection of women and calls on the Portuguese authorities to ensure that sentences in cases of violence against women preserve the dissuasive function of penalties.
Finally, the report highlights the Portuguese authorities´ efforts to combat gender stereotypes and to raise awareness about the prevalence of violence against women, especially among the younger generations, for instance through measures to prevent dating violence. It also underlines the progress achieved in promoting gender equality and combating gender discrimination in the workplace.
Portuguese authorities have been told to take a number of measures, including: domestic violence is effectively prosecuted and that sentencing adequately reflects whether the violence qualifies as domestic violence; ensuring that the scope of legislation, policies and measures is properly determined by taking into account the definitions in the Convention regarding the notion of domestic violence and that of the victim; expanding the resources dedicated to prevent and combat violence against women; ensuring that the rights and safety of victims and their children are guaranteed; amending the criminal legislation on sexual crimes to ensure that such offences are based on the absence of the free consent of the victim; introducing a data collection system that would allow asylum claims on the basis of gender-related persecution and their outcomes to be recorded.