Implementation issues

AuthorLopes, Dulce; Vicente, Joana
Pages78-80
78
8 IMPLEMENTATION ISSUES
8.1 Dissemination of information, dialogue with NGOs and between social
partners
a) Dissemination of information about legal protection against discrimination (Article 10
Directive 2000/43 and Article 12 Directive 2000/78)
The HCM provides information on its website about discrimination in general and
discrimination on the grounds of race and ethnic origin specifically.
In respect of labour matters, Article 24(4) of the Labour Code imposes on employers a
duty to display on their premises information on the rights and duties of workers in relation
to equality and non-discrimination. However, the dissemination of information against
discrimination in workplaces has not been very visible so far. The law does not specifically
require employers to provide information in a form that is accessible to all people with
disabilities. Trade unions provide information in an accessible way.
The Directorate General of Employment and Labour Relations (Direcção Geral do Emprego
e das Relações de Trabalho) provides information on its website (www.dgert.msess.pt/)
on national policy measures in this field, as well as on European Union actions to combat
discrimination. It also makes the relevant documents available.
b) Measures to encourage dialogue with NGOs with a view to promoting the principle of
equal treatment (Article 12 Directive 2000/43 and Article 14 Directive 2000/78)
Several Government agencies and the HCM are engaged in dialogue with NGOs in order to
promote the principle of equal treatment. Some NGOs for instance, SOS Racismo,
Solidariedade Imigrante and Associação Portuguesa de Deficientes receive funds in order
to develop activities in this area. NGOs are represented in several commissions.
The HCM promotes and engages in dialogue with NGOs that work with the Roma and with
several Roma associations. This means that it is acquainted with the major problems that
the Roma community still faces in Portugal.
Above all, the HCM’s activities take the form of encouragement, in the sense of promoting
the work of association leaders and making them responsible for the work carried out;
increasing the level of dynamism of associations and their membership levels; and
promoting adherence to what their communities require of associations, as well as
acknowledging the difficulties experienced by the community in general.
c) Measures to promote dialogue between social partners to give effect to the principle
of equal treatment within workplace practices, codes of practice, workforce
monitoring (Article 11 of Directive 2000/43 and Article 13 of Directive 2000/78)
Dialogue between social partners takes place within several commissions and bodies,
ensuring the participation of associations representing immigrants, human rights activists,
trade unions, employers’ associations and social solidarity institutions in the development
of policies promoting social integration and combating exclusion.
- Commission for Equality and Against Racial Discrimination (CEARD) (Comissão para
a Igualdade e contra a Discriminação Racial) mentioned above;
- Commission for Religious Freedom (Comissão da Liberdade Religiosa - CLR). (Article
52 ff. of Law 16/2001, amended by Law 91/2009 Law on Freedom of Religion);

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