2. Vulnerability and diversity: fundamental rights in context

Leading Researcher: Luísa Neto / Anabela Costa Leão

This project aims to reflect on fundamental rights in a context of diversity. Based on a pluralist understanding of constitutional law that will contribute to cement an inclusive society, the protection of today's fundamental rights face challenges arising from the tensions between unity and diversity and from the demands for increased protection in the event of multiple and often cross-vulnerabilities.

In fact, these tensions (in terms of forecasting and enforcement, eg. judicial) are revealed not only within the socially and culturally diverse State, but also beyond its borders, given the complex network of internormativity and the reality of multilevel production of Law.

The project intends to discuss and analyse the specific problems of vulnerable groups that demand specific consideration of the principle of equality and the consideration of a - possibly generic - duty of care committed to the State.

In line with the openness to interdisciplinarity that the theme necessarily calls for, the project gathers a multidisciplinary team of researchers, integrated by academics from different lines of research at CIJE but also from other scientific areas and other legal and cultural referents.

In 2019, in the course of its research activities, namely in the area of dissemination of results and advanced research, the following major events and publications took place:

  1. Luso-Brazilian Conference on Health Law, 26 February 2019. During the conference a wide focus was put on the aspects of Criminal Law, on the Reform of the Basic Health Law, on the Provision of Health Care and also Medically Assisted Procreation and Guardianship of Children.
  2. International Seminar We and the Others - Alterity, Public Law and Law, 5 May 2019, in the context of the topic Minorities, Migrants and Refugees. Issues as Alterity: who are the others?, Public Policies: How to include others? and Rights: How to Protect Others? were addressed during the seminar.
  3. Publication of the open access e-book Nós e os Outros — Alteridade, Políticas Públicas e Direito, Anabela Costa Leão, Jorge Garcia Ibáñez, Luísa Neto (coords.)

Master's Degree Dissertations
  • Fonseca, Sofia Dinis da, A determinação da filiação nos contratos de gestação de substituição: o concurso positivo de pretensões de parentalidade em caso de arrependimento da gestante, FDUP, Porto [em curso]
  • Magalhães, Paula Pires, A herança digital: o regime dos dados pessoais do de cujus, FDUP, Porto [em curso]
  • Silva, Misael Eduardo Sousa e, Os nascidos através das técnicas de procriação medicamente assistida e a identidade civil do dador de gâmetas: direito à origem ou violação do direito à privacidade? – uma reflexão à luz da Lei 48/2019, de 8 de julho, FDUP, Porto [em curso]