The legal status of women in the Portuguese legal order

The Portuguese legal system addresses the status of women from three angles: the guarantee of equality before the law in all areas of life; the search for substantial equality that overcomes social and cultural historical conditions that hinder effective equality; and the consideration of the condition of women as justifying specific regulation in certain domains. The principle of equality and the prohibition of discrimination based on sex is transversal to the entire legal order and gender is addressed by the Constitution. The evolution of the normative framework and the diversification of the legal instruments that support and characterise the legal status of women is the result of a plurality of sources of law, in which EU law is particularly relevant. Although the field of labour has been legally challenging, other dimensions of women’s lives and participation in society have undergone significant legal developments. Nevertheless, assessments of the compliance with international and European commitments and national objectives reveal an insufficient response from the legal system. In addition to the fragmented and complex legislation, it is important that institutions, means of protection and remedies are designed to structure gender equality and guarantee the effective exercise of women’s rights, which is still problematic.