Legal environment and space of civil society organisations in supporting fundamental rights: Portugal

Abstract

The year 2020 was marked in Portugal, and worldwide, by the impact of the COVID-19 pandemic that imposed severe limitations on the “normal” life of societies and the implementation of many restrictions to social life, economic activities and civil society organisations (CSO) of all types. This introduced further constraints on the work carried out by all CSOs, to add to the pre-existing difficulties, as identified in the European Union Agency for Fundamental Rights’ (FRA) report on “Civic Space - Experiences of Organisations in 2019”, namely the regulatory environment, finance and funding, right to participation and ensuring a safe space. In Portugal, the regulatory framework and the right to participation during 2020 remained the same with no legal changes registered. However,the finance and funding capacity of CSOs is decreasing due, mainly, to the impact of the COVID19 crisis, which has limited CSOs’ regular activity, demanding for extraordinary public financial support. Having a safe space to work is another complex issueto the organisations related to fundamental rights’ protection, as analysed in the cases described below. That situation has been worsened by controversies surrounding some thematic in the social media and public arena, as highlighted in the examples provided. The multiple legislation enacted by the government to fight COVID-19 imposed restrictions on the work of CSOs in Portugal, within the context of a general application of restrictions under the approval of the State of Emergency or the Declaration of the Situation of Calamity, among other legal measures.