Country profile PRT
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1999-09-21 | C182 | Law No. 174/99 on Military Service - Article 13. | [{"link_name":"Law No. 174/99 on Military Service","source_link":"https://diariodarepublica.pt/dr/detalhe/lei/174-1999-558204"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Article 13 of the Law states that normal recruitment admit citizens aged at least 18 years who are willing to voluntary perform effective military service in the Armed Forces, thus prohibiting the forced recruitment of children below that age. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 1993-01-22 | C182 | Decree-Law no. 15/93 on Law to Combat Drugs - Articles 21, 22, 24. a) and 24. i) | [{"link_name":"Decree-Law no. 15/93 on Law to Combat Drugs","source_link":"https://diariodarepublica.pt/dr/legislacao-consolidada/decreto-lei/1993-58872437"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Article 24. a) and i) provide for an increasing of the penalties provided for in Articles 21 and 22 which punish drug and precursors trafficking in case the substances or preparations were delivered to or intended for minors ; and in case the agent uses the collaboration, in any way, of minors. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2007-09-04 | C182 | Law no. 59/2007on Criminal Code - Article 175 and Article 176 | [{"link_name":"Law no. 59/2007on Criminal Code","source_link":"https://adsdatabase.ohchr.org/IssueLibrary/PORTUGAL_Criminal%20Code.pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Article 175 and 176 of the Criminal Code, respectively, prohibit whoever incites, favours or facilitates a minor’s engagement in prostitution and pornographic phonograph, film or recording. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2013-08-23 | C182 | Law no. 60/2013, of 23 August, makes the 30th amendment to the Penal Code, approved by Decree-Law no. 400/82, of 23 September, the fourth amendment to Law no. 5/2002, of 11 January, and the first amendment to Laws 101/2001 of 25 August and 45/2011 of 24 June - Article 160. 2 | [{"link_name":"Law no. 60/2013","source_link":"https://dre.tretas.org/dre/311211/lei-60-2013-de-23-de-agosto"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Article 160. 2 of the Law punishes anyone who, by any means, allures, carries, proceeds to the accommodation or receiving of a minor, or delivers him, offers him or accepts him, for sexual exploitation purposes, work exploitation or organs removal. |
| List of hazardous activities prohibited for children | 2009-09-10 | C138 & C182 | Law 102/2009 of 10 September - Article 61 to Article 66 | [{"link_name":"Law 102/2009 of 10 September","source_link":"https://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?nid=1158&tabela=leis"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Article 61 to 66 of the Law provide for the activities, processes and working conditions prohibited to children below 18 years. It includes activities related to physical agents, biological agents, chemical agents, substances and preparations, specific processes and working conditions. |
| Minimum age for hazardous work | 2009-09-10 ; 1867 | C138 & C182 | Law 102/2009 of 10 September - Article 61, Article 68 to 72 ; Civil Code - Article 130 | [{"link_name":"-Law 102/2009 of 10 September","source_link":"https://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?nid=1158&tabela=leis"},{"link_name":"-Civil Code","source_link":"https://www.wipo.int/wipolex/fr/legislation/details/3545"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Article 61 to 66 of the Law provide for the activities, processes and working conditions prohibited for minors, which are defined as persons below the age of 18 years in Article 130 of the Civil Code. Additionally, Article 68 to 72 provide for the conditional work for minors aged 16 or over. |
| Minimum age for admission to apprenticeship | 2022-02-02 | C138 | Ordinance no. 70/2022 of February 2nd regulating the apprenticeship courses provided for in article 9(1)(b) of Decree-Law no. 396/2007 of 31st - Article 3.3 | [{"link_name":"Ordinance no. 70/2022","source_link":"https://files.dre.pt/1s/2022/02/02300/0001200031.pdf"}] | 15 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Article 3.3 of the Ordinance sets the minimum age for admission to apprenticeship to the age of completion of the 9th year of schooling which usually corresponds to around 15 years of age. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2009-08-27 | C138 | Law no. 85/2009 of 27th August - Article 2 | [{"link_name":"Law no. 85/2009 of 27th August","source_link":"https://diariodarepublica.pt/dr/legislacao-consolidada/lei/2009-34513275"}] | No | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Article 2 of the law stipulates that compulsory schooling ceases: a) Upon obtaining a diploma from a course conferring secondary education; or b) Regardless of obtaining a diploma for any cycle or level of education, at the time of the academic year in which the student turns 18. The age of completion of compulsory schooling is thus above the minimum age for admission to work set to 15 years. |
| Light work - Determination of types and conditions of activities | 2009-02-12 | C138 | Law no. 7/2009 on Labour Code - Article 68.3 and Article 73.3 | [{"link_name":"Law no. 7/2009 on Labour Code","source_link":"https://files.dre.pt/diplomastraduzidos/7_2009_CodigoTrabalho_EN_publ.pdf"}] | Yes | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Article 68. 3. of the Labour Code provides that "a child under the age of 16 who has completed compulsory schooling or is enrolled and attending secondary education may provide light work consisting of simple and defined tasks which, by their nature, by the physical or mental effort required or the specific conditions under which they are carried out, are not liable to harm them as regards physical integrity, safety and health, school attendance, participation in orientation or training programmes, ability to benefit from the instruction given, or to their physical, psychological, moral, intellectual and cultural development.". Additionally, Article 73. 3. provides that, "in the case of light work carried out under the age of less than 16 years, the normal working period may not exceed seven hours on each day and thirty-five hours in each week". |
| Minimum age for light work | N/A | C138 | N/A | [{"link_name":"Law no. 7/2009 on Labour Code","source_link":"https://files.dre.pt/diplomastraduzidos/7_2009_CodigoTrabalho_EN_publ.pdf"}] | N/A | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Article 68. 3. of the Labour Code provides that "a child under the age of 16 who has completed compulsory schooling or is enrolled and attending secondary education may provide light work consisting of simple and defined tasks which, by their nature, by the physical or mental effort required or the specific conditions under which they are carried out, are not liable to harm them as regards physical integrity, safety and health, school attendance, participation in orientation or training programmes, ability to benefit from the instruction given, or to their physical, psychological, moral, intellectual and cultural development.". However, no minimum age for admission in light work is clearly specified. |
| Minimum age for admission to work | 2009-02-12 | C138 | Law no. 7/2009 on Labour Code - Article 68. 2. | [{"link_name":"Law no. 7/2009 on Labour Code","source_link":"https://files.dre.pt/diplomastraduzidos/7_2009_CodigoTrabalho_EN_publ.pdf"}] | 16 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Article 68. 2. sets the minimum age for admission to work to 16 years. It is also important to note that subsection 1 of the same article states that, in addition to meeting the minimum age requirement for employment, a child must have completed compulsory education or be enrolled in and attending secondary school, and must possess adequate physical and psychological capacity for the job in order to be admitted to work. Additionally, Article 2. 1) of the Law 105/2009 of 14 September allows and regulates minors' participation in performances or other activities of a cultural, artistic or publicity nature, in particular as an actor, singer, dancer, extra, musician, model or model. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 15-JUN-2000 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 20-MAY-1998 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| On December 24, 2024, the Portuguese authorities adopted the Fifth Action Plan for the Prevention and Combat of Trafficking in Human Beings – (V PAPCTSH). The V PAPCTSH 2025-2027 is structured around the following strategic objectives: 1 — Consolidate and reinforce knowledge and inform and raise awareness on the issue of human trafficking. 1.1 — Strengthen technical and scientific production on the different realities of human trafficking existing in Portugal and ensure disaggregated information on variables such as sex and age, including statistical data and qualitative information; 1.2 — Inform and raise awareness about the issue of human trafficking among different audiences and wide dissemination; 2 — Ensure victims of trafficking have better access to their rights and consolidate, strengthen and qualify the intervention they can benefit of; 2.1 — Ensure protection and promote the empowerment of victims; 2.2 — Consolidate, strengthen and qualify intervention within the support and protection network for victims of trafficking; 2.3 — Ensure national participation in matters of human trafficking within the scope of international relations and cooperation; 3 — Strengthen the prevention and fight against organized crime networks, in the context of traffick in human beings: 3.1 — Strengthen cooperation between the various entities involved, internally and externally. | [{"link_name":"V PAPCTSH","source_link":"https://www.portugal.gov.pt/download-ficheiros/ficheiro.aspx?v=%3d%3dBAAAAB%2bLCAAAAAAABAAzMTE2BwCZPbkxBAAAAA%3d%3d"}] | 2025-2027 | V Action Plan for the Prevention and Combat on Human Trafficking (V PAPCTSH) | Commission for Citizenship and Gender Equality |
| The Council Recommendation (EU) 2021/1004 of 14 June 2021, establishing the European Child Guarantee, aims to prevent and combat social exclusion by ensuring that children in need have access to essential services. This initiative supports children's rights by addressing child poverty and promoting equal opportunities. The recommendation outlines proposals for Member States regarding key services, including early childhood education and care, inclusive education and school-based activities (including a nutritious meal each school day), medical care, healthy nutrition, and adequate housing. It applies to all children under 18 who are at risk of poverty or social exclusion. In response to the Council Recommendation and in alignment with previously adopted strategic guidelines, Portugal has developed a National Action Plan to safeguard children's rights until 2030 (approved by Council of Ministers Resolution No 3/2023 of January 17). The later evolves around 12 strategic objectives and targets, namely: To promote integration in the labour market and increase wages; To increase the qualifications/skills of adults, especially those whose families have children; To strengthen the social protection of children and young people and their families; To promote close and integrated social action aimed at families with children and young people; To ensure access to quality early childhood responses; To ensure access to quality educational response and school-based activities; To strengthen the access to quality health care, health promotion, disease prevention and specialised care; To promote access to healthy eating; To promote access to decent housing for families with children and young people in vulnerable situations; To prevent institutionalisation and promote deinstitutionalisation of children and young people in danger; To ensure effective equal access to essential services for children and young people with a migrant background or ethnic minority background in particular from the Portuguese Roma community; To promote equality and non-discrimination. Following this, the creation of a new social benefit was approved (child benefit guarantee),complementary to the family allowance for children and young people, and the respective update was carried out, so as to reach the annual amount of 1,495 euros (124.60 euros/month) by 2025 (Ordinance No. 112/2025/1, of March 14). There is also the Child Guarantee Supplement, paid by the tax authority, which aims to ensure that beneficiaries of family allowance up to the age of 17 who do not obtain a total annual amount of 600euros between the amount of the allowance and the tax deduction receive this difference. | [{"link_name":"PAGPI","source_link":"https://ec.europa.eu/social/BlobServlet?docId=26608&langId=en"}] | 2022-2030 | Portugal's Child Guarantee National Action Plan (PAGPI) | National Coordinator of the Child Guarantee |