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Constitution of the Portuguese Republic


Article 11 (National symbols and official language) (3) The official language is Portuguese. Article 41 (Freedom of conscience, of religion and of form of worship) (1) The freedom of conscience, of religion and of form of worship is inviolable. (2) No one may be persecuted, deprived of rights or exempted from civic obligations or duties because of his convictions or religious observance. (3) No authority may question anyone in relation to his convictions or religious observance, save in order to gather statistical data that cannot be individually identified, nor may anyone be prejudiced in any way for refusing to answer. (4) Churches and other religious communities are separate from the state and are free to organise themselves and to exercise their functions and form of worship. (5) The freedom to teach any religion within the ambit of the religious belief in question and to use the religion’s own media for the pursuit of its activities is guaranteed. (6) The right to be a conscientious objector, as laid down by law, is guaranteed. Article 42 (Freedom of cultural creation) (1) There shall be freedom of intellectual, artistic and scientific creation. (2) This freedom comprises the right to invent, produce and divulge scientific, literary and artistic work and includes the protection of copyright by law. Article 43 (Freedom to learn and to teach) (1) The freedom to learn and to teach is guaranteed. (2) The state may not programme education and culture in accordance with any philosophical, aesthetic, political, ideological or religious directives. (3) Public education shall not be linked to a religious belief. (4) The right to create private and cooperative schools is guaranteed. Article 73 (Education, culture and science) (1) Everyone has the right to education and culture. (2) The state shall promote the democratisation of education and the other conditions needed for an education conducted at school and via other means of training to contribute to equal opportunities, the overcoming of economic, social and cultural inequalities, the development of the personality and the spirit of tolerance, mutual understanding, solidarity and responsibility, to social progress and to democratic participation in collective life. (3) In cooperation with the media, cultural associations and foundations, cultural and recreational groups, cultural heritage associations, residents’ organisations and other cultural agents, the state shall promote the democratisation of culture by encouraging and ensuring access by all citizens to cultural enjoyment and creation. (4) The state shall encourage and support scientific research and creation and technological innovation, in such a way as to ensure their freedom and autonomy, strengthen competitivity and ensure articulation between scientific institutions and enterprises. Article 78 (Cultural enjoyment and creation) (1) Everyone has the right to cultural enjoyment and creation, together with the duty to preserve, defend and enhance the cultural heritage. (2) In cooperation with all cultural agents, the state is charged with: (a) Encouraging and ensuring access by all citizens to the means and instruments required for cultural activities, and correcting the country’s existing asymmetries in this respect; (b) Supporting initiatives that stimulate individual and collective creation in its multiple forms and expressions, and more travel by high quality cultural works and items; (c) Promoting the safeguarding and enhancement of the cultural heritage and making it an element that inspires and gives life to a common cultural identity; (d) Developing cultural relations with all peoples, especially those that speak Portuguese, and ensuring the defence and promotion of Portuguese culture abroad; (e) Articulating the cultural policy with the other sectoral policies.