Portugal/ 5.1 General legislation  

5.1.1 Constitution

The Portuguese Constitution defines that one of the basic responsibilities of the state is "to promote the welfare and quality of life of the people, and actual equality between Portuguese citizens in their enjoyment of economic, social and cultural and environmental rights, through the transformation and modernisation of the economic and social structures" (Article 9 d)

The Constitution also states that "intellectual, artistic and scientific creativity shall not be restricted. This freedom includes the right to create, produce and disseminate scientific, literary or artistic works, and includes legal protection for copyright" (Article 42).

The articles relating to cultural education are: "The State shall not plan education and cultural development in accordance with any philosophical, aesthetic, political, ideological or religious precepts" (Article 42 point 2); "Everyone has the right to education and culture" (Article 73 point 1); "The State shall promote the democratisation of education and the other conditions that enable education, both at school and elsewhere, to contribute to equality of opportunity, to surmounting economic, social and cultural inequality, to the development of the personality and the spirit of tolerance, mutual understanding, solidarity and responsibility, to social progress and to democratic participation in public life" (Article 73 point 2).

"In conjunction with the mass media, cultural associations and foundations, cultural and recreational groups, associations for the protection of the cultural heritage, organisations of residents and other cultural agencies, the State shall promote the democratisation of culture by encouraging and guaranteeing access by all citizens to the fruits of culture and cultural creativity." (Article 73 point 3)

With regard to cultural enjoyment and creativity, the Portuguese Constitution states that:

1.    Everyone has the right to cultural enjoyment and creativity, and the duty to preserve, protect and extend the cultural heritage.

2.    It is the duty of the state, in co-operation with all cultural agencies:

• to encourage and ensure access for all citizens to the means and mechanisms of cultural activity, and to correct present imbalances in this respect;
• to support initiatives to stimulate the broad variety and expression of individual and collective creativity, and a wider availability of cultural works and assets of quality;
• to promote the protection and increased respect for the cultural heritage, making it a vital element of the common cultural identity;
• to develop cultural relations with all peoples, particularly those that are Portuguese-speaking, and ensure the protection and promotion of Portuguese culture abroad; and
• to co-ordinate the policies for culture with other state policies. (Article78)

Under Article 2, cultural democracy is mentioned:

"The Portuguese Republic is a democratic State based on the rule of law, the sovereignty of the people, plurality of both democratic expression and democratic political organisation, as well as respect for and the safeguarding of fundamental rights and freedoms; its aim is to achieve economic, social, and cultural democracy and to push participatory democracy further."

Article 70 mentions the cultural rights of young people:

Section 1: "Young people, especially young people at work, receive special protection for the purpose of effective enjoyment of their economic, social, and cultural rights..."

Section 3: "In conjunction with the families, schools, businesses, neighbourhood organisations, cultural associations, and trusts, recreational and cultural groups, the State promotes and assists the youth organisations in pursuing the above-mentioned objectives, as well as the international exchanges of young people."

The Portuguese Constitution has a whole chapter on cultural rights and duties (Article 73-79) which is quite extraordinary in the European context. The only "cultural duty" mentioned is the duty to preserve cultural heritage in Article 78, section 1. Everyone has the right to cultural enjoyment and creation, and the duty to preserve, defend, and increase the cultural heritage.

Chapter updated: 24-11-2008