In Portugal, housing rights are guaranteed by both law and Constitution which states that “everyone shall have the right for himself and his family to a dwelling of adequate size satisfying standards of hygiene and comfort and preserving personal and family privacy” (Art. 65 Paragraph 1).
Paragraph 2 of the same Article continues: “In order to safeguard the right to housing it shall be the duty of the State to:
(a) draw up and put into effect a housing policy as part of general regional planning and based upon town plans which safeguard the existence of an adequate network of transport and social facilities;
(b) to promote, in conjunction with local authorities, the construction of economic and social housing; and
(c) promote private building subject to the public interest”.
According to paragraph 3 of the same Article, “the State shall adopt a policy aimed at introducing a system of rents compatible with family incomes and of individual ownership of dwellings”; and according to paragraph 4, “the State and local authorities shall exercise effective supervision over immovable property, take urban lands into national and municipal ownership where necessary and lay down rights of use.”
Four decades after the inscription of the right to housing in article 65 of the 1976 Constitution, Portugal published a law that would operationalise that very right. The Portuguese Parliament launched in 2017 the Framework Law for Housing (Lei de Bases da Habitação; Law 83/2019, 3 September).
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The "programa mais habitação" legislative change process has completed public consultation. The government of Portugal, which has an absolute majority, presented the 'final draft' of the 'Mais Habitação' (More Housing) plan on April 4, 2023.1
Controlling rent in the private sector
Law-decree n. 68/2019 created the Affordable Renting Programme (Programa de Arrendamento Acessível - PAA), which entered into force on the 1st of July 2019.2 This legal scheme is like a rental market contract, but with particular features.
To become a landlord or a tenant under this legal framework, any individual must register in the PAA’s electronic platform, which is run by an official entity – IHRU.3
The landlord’s advantage is that rent income in the PAA benefits of tax exemption (Law n. º 2/2019, 9 January). However, the rent must be at least 20% lower than the average rent calculated by a formula called Reference Value of the Rental Price (Valor de Referência do Preço de Renda - VRPR).4
International Conventions
Portugal is party to most core international human rights treaties. In 1978, it ratified the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. The International Covenant on Economic, Social and Cultural Rights provides for the right to an adequate standard of living, including housing (art. 11), and for the right to non-discrimination and equality (arts. 2 and 3). Article 2.1 guarantees the progressive realization of all rights making use of the State’s maximum of available resources with a view to ensuring the enjoyment of the right to adequate housing and other human rights.
In 2013, Portugal became one of the first countries to ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which provides for an international individual complaint mechanism for violations of the rights in the Covenant, in particular the right to adequate housing.
Consequently, Portugal has binding international human rights obligations to protect the enjoyment of the right to adequate housing without discrimination on any ground, to avoid retrogressive measures, and to provide mechanisms for access to effective remedies and justice in relation to these rights.5
In terms of the Council of Europe, Portugal ratified the Revised European Social Charter on 30/05/2002, accepting all its 98 paragraphs, including the Article 31 on the right to housing. It accepted the Additional Protocol providing for a system of collective complaints on 20/03/1998 but has not yet made a declaration enabling national NGOs to submit collective complaints.
Collective Complaint n° 61/2010 - European Roma Rights Centre (ERRC) v. Portugal [30.06.2011]
The ERRC maintained that the situation in Portugal is in violation of Articles 16, 30, 31, alone or in conjunction with Article E of the Revised Charter, for failure to ensure the provision of adequate and integrated housing solutions for Roma.
The Committee concluded unanimously that there had been a violation of Article E taken in conjunction with Articles 31§1, 16 and 30. Article E (non-discrimination), Article 31§1 (right to housing - promote to housing of an adequate standard), Article 16 (right of the family to social, legal and economic protection) and Article 30 (right to protection against poverty and social exclusion) of the Revised European Social Charter.
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[4]The VRPR considers several factors, such as the median renting prices released by Statistics Portugal (Instituto Nacional de Estatística - INE), the area of the accommodation, typology and other features (e.g. energy efficiency, parking, equipment and furniture, lifts, etc.).
Subject:
Right to dignity
Right to housing
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