LEGAL FRAMEWORK

The constitution provides for freedom of religion, including freedom of worship, which may not be violated even if the government declares a state of emergency. It states no one shall be privileged, prejudiced, persecuted, or deprived of rights or exempted from civic obligations or duties because of religious beliefs or practices. The constitution states authorities may not question individuals about their religious convictions or observance except to gather statistical information that does not identify individuals, and individuals may not be prejudiced by refusal to reply.

Churches and religious communities are independent from the state, determine their own organization, and perform their own activities and worship. The constitution affords each religious community the freedom to teach its religion and use its own media to disseminate public information about its activities. The constitution bars political parties from using names directly associated with, or symbols that may be confused with, those of religious groups. The constitution and law recognize the right to conscientious objection to military service, including on religious grounds, and require conscientious objectors to perform equivalent alternative civilian service.

The CLR is an independent, consultative body to parliament and the government, established by law. Its members include two representatives of the Portuguese Episcopal Conference (Roman Catholic); representatives of three religious groups (the Evangelical Alliance, the Islamic Community of Lisbon, and the Jewish Community of Lisbon) appointed by the MOJ; and five laypersons, three of whom are affiliated with the Ismaili Muslim, Hindu, and Buddhist communities. The Council of Ministers appoints its president. The CLR reviews and opines on all matters relating to the application of the law on religious freedom, including proposed amendments. The CLR notifies the relevant authorities, including the President, parliament, and other government officials, regarding cases involving religious freedom and discrimination, such as restrictions or prohibitions on the right to assemble or hold religious services, destruction or desecration of religious property, assaults on lay members and clergy, incitement of religious discord, hate speech, and violations of the rights of foreign missionaries.

The 2021-25 National Plan to Combat Racism and Discrimination revised the criminal code and expanded the grounds for protection. The plan further prioritizes preventing crimes motivated by racial, religious, or sexual discrimination. Additionally, it cites the internet as the predominant vehicle of communication associated with hate crimes and prioritizes cybercrime prevention and investigation.

The CLR may file formal complaints at the national level with the ombudsman, an official position created by the constitution and supplemental legislation to defend the rights and freedoms of individual citizens, and at the international level with the European Court of Human Rights. An appointed ombudsman is required to address complaints and provide an alternative remedy for dispute resolution but has no enforcement authority.

Religious groups may organize in a variety of forms that have national, regional, or local character. A denomination may organize as one national church or religious community or as several regional or local churches or religious communities. An international church or religious community may establish a representative organization of its adherents separate from the branch of the church or religious community existing in the country. A registered church or religious community may create subsidiary or affiliated organizations, such as associations, foundations, or federations.

All religious groups with an organized presence in the country may apply for registration with the registrar of religious corporate bodies in the MOJ. According to the CLR, there are 99 registered religious groups in the country, compared to 92 in 2022, and 50 in 2011. The requirements for registration include providing the organization’s official name, which must be distinguishable from all other religious corporate bodies in the country; the organizing documents of the church or religious community associated with the group applying for registration; the address of the organization’s registered main office in the country; a statement of the group’s religious purposes; documentation of the organization’s assets; information on the organization’s formation, composition, rules, and activities; provisions for dissolution of the organization; and the appointment method and powers of the organization’s representatives. Subsidiary or affiliated organizations may be included in the parent group’s application; if not included, they must register separately. The MOJ may reject a registration application if it fails to meet legal requirements, includes false documentation, or violates the constitutional right of religious freedom. If the MOJ rejects an application, religious groups may appeal to the CLR within 30 days of receiving the ministry’s decision.

Religious groups may register as religious corporations and receive tax-exempt status. Registered groups have the right to minister in prisons, hospitals, and military facilities; provide religious teaching in public schools; access broadcasting time on public television and radio; and receive national recognition of religious holidays. The government certifies religious ministers, who receive all the benefits of the social security system. Chaplaincies for military services, prisons, and hospitals are state-funded positions open to all registered religious groups, although chaplains are predominantly Catholic. A taxpayer may allocate 5 percent of income tax payments to any registered religious group.

Religious groups may also register as unincorporated associations or private corporations, which allows them to receive the same benefits granted to religious corporations. The same process as for religious corporations applies for registering as unincorporated associations or private corporations. There are no practical differences between them other than internal administration. Unregistered religious groups are not subject to penalties and may practice their religion but do not receive the benefits associated with registration.

By law, religious groups registered in the country for at least 30 years or “internationally recognized” for 60 years may obtain the higher registration status of a “religion settled in the country.” To show they qualify for this status, religious groups must demonstrate an “organized social presence” for the required length of time. These groups receive government subsidies based on the number of their members; may conclude “mutual interest” agreements with the state on issues such as education, culture, or other forms of cooperation; and may celebrate marriages that are recognized by the state legal system. The government has mutual interest agreements with Jewish and Islamic religious bodies and a concordat with the Holy See that serves the same function for the Catholic Church.

A law that became effective in July decriminalizes and allows euthanasia and physician-assisted suicide. Doctors and other medical personnel with any objection, including on moral or religious grounds, may decline participation in such an end-of-life procedure, similarly to their rights under laws that legalizing abortion in 2007.

Public secondary schools offer an optional survey course on world religions taught by lay teachers. Optional religious instruction is available at government expense if at least 10 students attend the class. Religious groups are responsible for designing the curriculum of the religious classes and providing and training the teachers. Private schools are required to offer the same curriculum as public schools but may provide instruction in any religion. All schools, public and private, are required to accommodate the religious practices of students, including rescheduling tests if necessary.

The law prohibits employers from discriminating against individuals on the basis of religion and requires reasonable accommodation of employees’ religious practices. Labor laws allow employees leave on their Sabbath and religious holidays, even if not nationally observed.

The APMMA, an independent government body operating under the guidelines of the Presidency of the Council of Ministers, has a statutory obligation to advocate religious tolerance, including the “promotion of dialogue, innovation, and intercultural and interreligious education” and “combating all forms of discrimination based on color, nationality, ethnic origin, or religion.”

The law provides for the naturalization of Jewish descendants of Sephardic Jews expelled from the country in the 15th and 16th centuries.

The country is a party to the International Covenant on Civil and Political Rights.

GOVERNMENT PRACTICES

According to the MOJ, from March 2015 to May 2022, more than 112,000 descendants of Sephardic Jews expelled from the country during the Inquisition in the 16th century applied for naturalized citizenship under the 2015 Nationality Law for Sephardic Jews. In 2022, parliament enacted stricter rules and additional requirements for such applications. On May 24, the Lisbon Court of Appeals upheld the government’s freeze of Rabbi Daniel Litvak’s bank accounts as part of a criminal investigation started in 2022 into suspected illegal facilitation of many such applications. The freeze followed media reports of transfers of more than €3 million ($3.3 million) from the Jewish Community of Porto to Litvak for facilitating applications. The investigation was ongoing and Litvak’s criminal trial was pending at year’s end.

On February 7, speaking in Lisbon at the opening of an international conference entitled Conscience and Freedom 2023, Minister of Justice Catarina Sarmento e Castro highlighted the country’s role in protecting religious minorities, stating that these groups “have and will continue to have the freedom to express their faith or religious beliefs.” She stated the country’s constitution enshrines the separation of state and religion, but that this principle of secularism should not prevent “a continuous joint effort towards coexistence and dialogue between people of faith and agnostics.”

On June 22, National Religious Freedom and Inter-Religious Dialogue Day, President Rebelo de Sousa highlighted on the Presidency website that celebrating religious freedom “is honoring democracy and the defense of human rights.” He said that human rights in democratic countries (including freedom of religion or belief) relate to social cohesion and political stability, and that interreligious and intercultural dialogue can play an important role in promoting peace at a global level.

Parliament sponsored three conferences focusing on religious freedom, titled Democracy and Religious Freedom, Religious Freedom and Freedom of Speech, and Religions – Heritage of Humanity. The events, hosted by Parliamentary Speaker Augusto Santos Silva, underscored the importance of the country’s religious freedom law. Speakers included a judge of the European Court of Human Rights, theologians, nongovernmental organization representatives, and clergy. In December, parliament opened an exhibition on religious freedom in the country.

Most prisons, state and private hospitals, and military services designated Catholic priests to provide chaplaincy services, but these positions were open to clergy of all religious groups.

The APMMA continued to hold monthly online meetings with religious groups to consult on issues such as coordination for broader representation of religious groups in chaplaincies, organization of interreligious youth events, and contributions to preparing for the celebration of the 50th anniversary of the 25th of April Revolution, set to take place in 2024. According to the APMMA, religious groups often sought financial assistance from the APMMA for conferences and other events.

A wide range of religious groups, including those represented in the APMMA’s Interfaith Working Group, and the Association of Portuguese Catholic Doctors, continued to oppose efforts and related legislation to decriminalize euthanasia and physician-assisted suicide. Surveys showed that nearly 60 percent of citizens supported decriminalization. On May 12, parliament passed the legislation, supported by the majority Socialist Party, Liberal Initiative, Left Bloc, People-Animals-Nature, and Livre. Most Social Democrats, the politically right-populist Chega! Party, the Communist Party, and four Socialist MPs opposed the bill. As in prior years, the Catholic Church opposed the legislation, and the issue generated significant public debate. President Rebelo de Sousa, citing his own Catholic faith, vetoed the bill twice in prior years. The legislation included provisions for doctors and other medical personnel to decline participation, including for moral or religious objections to carrying out euthanasia, similar to provisions under the existing laws legalizing abortion.

The state-run television channel RTP continued half-hour religious programming five days a week, and a separate weekly half-hour program, with segments for both programs produced and provided by registered religious groups.

The country is a member of the International Holocaust Remembrance Alliance.