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Portugal - Constitution

Adopted on: 2 April 1976 (Document Status: 10 Aug 1989)

Article 13 Principle of Equality 

(1) All citizens have the same social dignity and are equal before the law. 
(2) No one is privileged, favored, injured, deprived of any right, or exempt from any duty because of his ancestry, sex, race, language, territory of origin, religion, political or ideological convictions, education, economic situation, or social condition.
Article 19 Suspension of the Exercise of Rights 
(6) The declaration of a state of siege or emergency in no case affects the rights to life, personal dignity and identity, civil capacity and citizenship of the person, the non-retroactive nature of criminal law, the right to defense of accused persons, and the freedom of conscience and religion.
Article 35 Use of Data Processing 
(3) Data processing may not be used in regard to information concerning a person's philosophical or political convictions, party or trade union affiliations, religious beliefs, or private life, except in the case of non-identifiable data for statistical purposes.
Article 41 Freedom of Conscience, Religion, and Worship 
(1) Freedom of conscience, religion, and worship are inviolable. 
(2) No one may be persecuted, deprived of rights, or exempted from civil obligations or duties because of his convictions or religious practices. 
(3) No one may be questioned by any authority about his or her convictions or religious practices, except for gathering of statistical data that cannot be identified individually, nor shall anyone be prejudiced by his or her refusal to reply. 
(4) The churches and religious communities are separate from the State and free to organize and exercise their own ceremonies and worship. 
(5) The freedom to teach any religion within its own denomination and the use of its own means of public information for the pursuit of its activities, are safeguarded. 
(6) The right to be a conscientious objector is safeguarded in accordance with the law.
Article 43 Freedom to Learn and Teach 
(2) The State may not arrogate to itself the right to plan education and culture in accordance with any philosophical, aesthetic, political, ideological, or religious guidelines.
Article 51 Political Associations and Parties 
(3) Without prejudice to the philosophy or ideology inspiring their programs, political parties may not use names that contain terms directly related to any religion or church or use emblems which may be mistaken for national or religious symbols.
Article 55 Trade Union Freedom 
(4) Trade union associations are independent of employers, the State, and religious denominations. Adequate safeguards for such independence has to be laid down by law as the foundation of the unity of the working classes.
Article 288 Limits to the Revision on the Substance 
The laws revising the Constitution safeguard: 
c) The separation of the Churches from the State; 
Note: Further information on the constitutional background of Portugal is provided by the International Constitutional Law Project at the University of Wuerzburg. 
 


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