Draft law to bolster women's rights to representation

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Draft legislation proposed in Portugal in May 1999 would help recognise the role of women's associations as social partners. The move is targeted at changing attitudes regarding equal opportunities and at increased participation of women in the social dialogue.

Article 58 of the Portuguese Constitution affirms that it is the state's responsibility to promote equal opportunities between women and men, ensuring that women are not barred from access to any job, job position, or professional category. Decree-Law 426/88 of 18 November 1998 guarantees women equal rights at work and in employment. The right for women's associations to take action and participate was set down in Law 95/88 of 17 August 1988, while Law 10/97 of 12 May 1997 granted women's associations the status of social partners. Thus, women's associations have had the right since 1997 to representation on the Economic and Social Council (Conselho Económico e Social) and the right to airtime on radio and television. However, these rights are granted only to associations with "generic representativeness" - ie those of a nationwide scope and /or with a minimum membership of 1,000.

There are a number of women's associations that play a significant role in developing projects to promote equality of opportunity and increased participation of women in the professional, political and cultural spheres. However, since these organisations have not attained the number of members stipulated in the legislation, they have not been entitled to be considered representative. These criteria have come to be seen as excessive, and therefore draft legislation discussed by the Assembly of the Republic (Assembleia da República) in May 1999 extends social partner status and representation on the Economic and Social Council to those associations that are represented on the Advisory Council of the Committee for Equal Opportunities and Women's Rights (Comissão para a Igualdade e os Direitos da Mulher,CIDM), considered collectively. The new legislation thus aims to change attitudes with regard to promoting equal opportunities for women, by giving them a greater chance to be heard and by strengthening their participation in the social dialogue.