Legal Framework

According to Law No. 93/2017 of August 23rd, the following discriminatory practices are prohibited when motivated by racial and ethnic origin, colour, nationality, ancestry, and territory of origin:

• Refusal to supply goods or services available to the public or hinder their enjoyment;

• Impediment or limitation of access to and regular exercise of economic activities;

• Refusal or conditioning of the sale, renting, or sub-renting of properties;

• Refusal or limitation of access to public places or places open to the public;

• Refusal or limitation of access to healthcare provided in public or private healthcare establishments.

• Refusal or limitation of access to public or private education or teaching establishments;

• Creation of classes or adoption of other internal organisational measures in education or teaching establishments, public or private, based on discriminatory criteria;

• Refusal or limitation of access to cultural enjoyment;

• Adoption of practices or measures by any entity or employee of the state, autonomous regions, or local authorities that condition or limit the exercise of any right;

• Threatening, insulting, or making degrading statements publicly or with broad dissemination, targeting individuals or groups based on racial and ethnic origin, colour, nationality, ancestry, and territory of origin.

It is important to note that while discrimination encompasses a wide range of actions, the specific discriminatory practices prohibited by Law No. 93/2017 of August 23rd are more narrowly defined. The idea and manifestations of 'discrimination' are broader than the practices outlined in the law.

Therefore, it's crucial to understand that, according to Law No. 93/2017 of August 23rd, the following are considered:

• «Discrimination» encompasses any form of distinction, exclusion, restriction, or preference rooted in factors like racial or ethnic origin, colour, nationality, ancestry, or territory of origin. Its objective or effect nullifies or restricts individuals' recognition, enjoyment, or exercise of rights, freedoms, guarantees, and access to economic, social, and cultural opportunities;

• «Direct discrimination» occurs when a person or group is mistreated due to factors like race, ethnicity, colour, nationality, ancestry, or territory of origin, mainly when this treatment differs from that given to another person or group in a comparable situation;

• «Indirect discrimination» occurs when a seemingly neutral rule or practice puts a person or group at a disadvantage based on factors like race, ethnicity, colour, nationality, ancestry, or territory of origin, especially when compared to another person or group. However, this discrimination is permissible if the rule or practice is objectively justified by a legitimate objective and the means used to achieve it are appropriate and necessary;

• «Discrimination by association» occurs when an individual faces discrimination because of their relationship or association with others with specific characteristics mentioned in Article 1, such as race, ethnicity, colour, nationality, ancestry, or territory of origin;

• «Multiple discrimination» results from a combination of two or more discriminatory factors;

• «Harassment» refers to behaviour targeting an individual or group based on race, ethnicity, colour, nationality, ancestry, or territory of origin, intending to violate their dignity and create an intimidating, hostile, degrading, humiliating, destabilising, or offensive environment.

Article 240 of the Law against Racial Discrimination stipulates that individuals who:

1. Establish or engage in organised activities or propaganda that incite discrimination, hatred, or violence against individuals or groups based on race, colour, ethnicity, national origin, religion, sex, sexual orientation, or gender identity; or

2. Provide support to such organisations or activities, including financial assistance;

are subject to imprisonment for a period ranging from one to eight years. 

Individuals who, in a public gathering, though written material intended for dissemination, or through any form of social or computer-mediated communication intended for dissemination:

1.  Commit acts of violence against a person or group based on race, colour, ethnicity, national origin, religion, sex, sexual orientation, or gender identity;

2. Defame or insult a person or group based on race, colour, ethnicity, national origin, religion, sex, sexual orientation, or gender identity, including denial of war crimes or crimes against peace and humanity; or

3. Threaten a person or group based on race, colour, ethnicity, national origin, religion, sex, sexual orientation, or gender identity;

are subject to imprisonment for a period ranging from six months to five years.

As per Law No. 93/2017 of August 23rd, discriminatory practices classified as misdemeanours may result in fines or warnings and possible additional sanctions.

The fine imposed on natural persons ranges from one to ten times the value of the social support index, while for legal entities, it ranges from four to twenty times the value of the social support index.

Additional sanctions that may be applied include:

• Public disclosure of the decision;

• Confiscation of the agent's possessions;

• Prohibition from exercising professions or activities requiring public authorisation;

• Loss of entitlement to subsidies or benefits from public entities;

• Exclusion from participation in fairs or markets;

• Exclusion from participation in public auctions or tenders for public works, goods and services supply, public services concessions, licenses, or permits;

• Closure of establishments requiring administrative authorisation or license for operation;

• Suspension of authorisations, licenses, and permits. 

In both cases, the following factors must also be considered:

• Recidivism is taken into account when determining the specific fine.

• Attempted acts and negligence are punishable.

• If the violation results from the omission of a duty, applying the sanction and paying the fine do not exempt the offender from fulfilling their obligation.