A/HRC/36/45/Add.1
6.
The economic crisis and fiscal adjustment response have led to the emergence of the
so-called “new poor” and have resulted in increased poverty, homelessness, dramatically
increased youth unemployment, lower social welfare benefits and pensions, and less
affordable access to public services and to housing (see E/C.12/2016/1, para 3). While the
country is currently in the process of economic recovery, the population in Portugal is still
facing serious long-term challenges. Public funds for combating social exclusion and
poverty were reduced and in 2014, 27.5 per cent of the Portuguese population were
identified as being at social risk or socially excluded. 2 In 2015, the national poverty rate in
Portugal was one of the highest in the European Union, at 19.5 per cent, while more than 11
per cent of the total population was at risk of poverty. 3 The economic crisis has also led to
high unemployment rates (see A/HRC/34/51/Add.2, paras. 8-9). While there has been a
slight decrease in unemployment rates in the past two years, unemployment still remains
high, standing at 11.1 per cent in 2016. 4 Those social consequences from economic
measures have an impact on access to water and sanitation services.
7.
Portugal is a centralized State composed of the central Government, 308
municipalities and two autonomous governments: Azores and Madeira. The autonomous
governments of Azores and Madeira each have a system of self-government, with
democratically elected bodies and several powers and duties, which include legislative and
executive powers (article 6 of the Constitution). 5 However, the regional political and
administrative autonomy must be exercised within the overall framework of the Portuguese
Constitution (art. 255 (3)) and the international commitments made by Portugal as a State.
Accordingly, the autonomous governments, as part of the Portuguese State, have
obligations under international human rights treaties incorporated through the national
legislation, including the legal framework on access to water and sanitation.
8.
During and after his visit, the Special Rapporteur had difficulty obtaining
information on the basic data, coverage, water quality, affordability and quality of drinking
water in the autonomous regions. Furthermore, he noted that there was a lack of dialogue
between the autonomous regions of Azores and Madeira and the central Government of
Portugal in the field of water and sanitation.
III. Legal and policy frameworks
A.
Legal framework
1.
International human rights law
9.
At the international level, Portugal has ratified most of the core international human
rights treaties, including the International Covenant on Economic, Social and Cultural
Rights, the Convention on the Rights of the Child and the Convention on the Rights of
Persons with Disabilities, which stipulate the right to an adequate standard of living
including the human rights to water and sanitation. 6 Those rights are explicitly recognized
in several international instruments, notably General Assembly resolution 64/292 and
Human Rights Council resolution 33/10.7 Portugal supported and voted in favour of those
resolutions and continues to express its international commitment to the human rights to
2
3
4
5
6
7
4
See http://ec.europa.eu/eurostat/statisticsexplained/index.php/People_at_risk_of_poverty_or_social_exclusion.
Ibid. See also A/HRC/34/51/Add.2, para. 9.
See www.ine.pt/xportal/xmain?xpid=INE&xpgid=ine_destaques&
DESTAQUESdest_boui=274752745&DESTAQUESmodo=2.
In Portugal, except for issues of defence, homeland security and justice, the governments of Azores
and Madeira exercise autonomous authority in their respective regions.
Portugal has not yet ratified the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families.
Portugal co-sponsored Human Rights Council resolutions 15/9, 16/2, 18/1, 21/2, 24/18 and 27/7.
Portugal also co-sponsored General Assembly resolution 68/157, which was adopted without a vote.