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Portugal/ 5.1 General legislation  

5.1.1 Constitution

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."

The Portuguese Constitution has a whole chapter on cultural rights and duties (Article 73-79). Some excerpts:

"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 (Article 78):

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:

a) to encourage and ensure access for all citizens to the means and mechanisms of cultural activity, and to correct present imbalances in this respect;

b) 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;

c) to promote the protection and increased respect for the cultural heritage, making it a vital element of the common cultural identity;

d) to develop cultural relations with all peoples, particularly those that are Portuguese-speaking, and ensure the protection and promotion of Portuguese culture abroad; and

e) to co-ordinate the policies for culture with other state policies.

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..." 

The only "cultural duty" mentioned is the duty to preserve cultural heritage - 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 published: 13-07-2011

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