Bodies for the promotion of equal treatment (Article 13 Directive 2000/43)

• Author: Lopes, Dulce; Vicente, Joana
• Pages: 70-77

70

7 BODIES FOR THE PROMOTION OF EQUAL TREATMENT (Article 13 Directive

2000/43)

a) Body/bodies designated for the promotion of equal treatment irrespective of

racial/ethnic origin according to Article 13 of the Racial Equality Directive

The specialised body for the promotion of equal treatment with regard to racial and ethnic

discrimination is the High Commission for Migration (HCM) (Alto Comissariado para as

Migrações) assisted by the Commission for Equality and Against Racial Discrimination

(CEARD) (Comissão para a Igualdade e contra a Discriminação Racial).

Recently, CEARD underwent a restructuring in accordance with Law 93/2017.89 The Law,

which entered into force on 1 September 2017, establishes the legal regime for the

prevention, prohibition and combating of discrimination on the grounds of race or ethnic

origin, nationality, ancestry90 and place of origin91 (Article 29). It should be mentioned that

the mandate of the HCM seems to be broader than that of CEARD, since Article 3 of Decree-

Law 31/2014 refers also to religion, a criterion that is absent from Law 93/2017.

Law 93/2017 repealed the former legal regime for non-discrimination on the ground of

race and ethnic origin, seeking a more cross-cutting and comprehensive normative

approach concerning the prevention, prohibition and combating of discrimination on the

grounds of race or ethnic origin, nationality, ancestry and place of origin, and introducing

significant modifications into the composition (Article 7) and the powers of CEARD (Article

8).

The competences referred to in Article 13(2) of the Racial Equality Directive are currently

exercised by the HCM, assisted by CEARD.

The HCM is a public institution integrated into the Presidency of the Council of Ministers,

with administrative and financial autonomy and its own assets. It is assisted by CEARD,

which is a consultative organ of the HCM, but also has its own competences.

The HCM carries out the duties assigned to it by the Presidency of the Council of Ministers

under the superintendence and authority of the Prime Minister or another member of the

Government working within the Presidency of the Council of Ministers (Article 1(2) of Law

31/2014).

CEARD promotes equality and non-discrimination on the grounds of race or ethnic origin,

nationality, ancestry and place of origin (Articles 1 and 8(1) of Law 93/2017), covering all

the areas that fall under the scope of the Racial Equality Directive and work at national

level.

The competences of the HCM are laid down in Decree-Law 31/2014. Under Article 3 on the

purpose and powers of the High Commission, its competences are as follows:

- to fight any forms of discrimination on the grounds of race, skin colour, nationality,

ethnic origin or religion, through positive awareness, education and training

activities, and also via the applicable sanctions specified in law;

- to raise public awareness and to sponsor studies on immigration, ethnic minorities,

intercultural dialogue and inter-religious dialogue; and

- to promote dialogue between religions through increased knowledge of other cultures

and religions and the promotion of an attitude of mutual respect and regard for

diversity both within the national borders and in Portugal’s relations with the rest of

the world.

89 Law 93/2017, 23 August 2017, available at: https://dre.pt/application/conteudo/108038372.

90 ‘Ancestry’ means family origin.

91 ‘Place of origin’ means place of birth.