European Union, the Charter of Fundamental Rights (Articles 1, 20 and 21) makes it clear that dignity and equality are not programmatic principles, but subjective rights that are directly enforceable.19 At the international level, Article 26 of the International Covenant on Civil and Political Rights (ICCPR) establishes that “all persons are equal before the law and are entitled without any discrimination to the equal protection of the law.”20 It is not just a matter of prohibiting legislative inequalities, but of affirming a positive duty to protect against discrimination by private actors. Similarly, the International Convention on the Elimination of All Forms of Racial Discrimination obliges States to ensure that establishments open to the public, including restaurants, do not refuse service on the basis of race or ethnic origin.21 The Convention on the Rights of Persons with Disabilities, by requiring “reasonable accommodation,” broadens the debate: denying access to someone because there is no menu in Braille, or because minimum conditions of physical accessibility are not ensured, is as discriminatory as refusing service because of skin colour.22 Similarly, the ECHR, in the case of Çam v. Turkey, recognised that the absence of reasonable adjustments in a public institution constituted discrimination on the grounds of disability, reinforcing that accessibility is an essential dimension of equality.23 In addition to binding treaties, international soft law also illuminates this path. UNESCO documents and UN recommendations on cultural and social access highlight that full participation in communal spaces – ranging from theatres and museums to bars and restaurants – is part of the right to culture and community life. The UNESCO Universal Declaration on Cultural Diversity (2001), in particular, recognises that “cultural diversity is as necessary for humankind as biological diversity is for living organisms” and that its preservation requires 19 PORTUGAL. Constitutional Court. Judgment No. 359/91. Diário da República, Series II, 1991. Available at: <https://www.tribunalconstitucional.pt/tc/acordaos/19910359.html>. Accessed on: 5 Sept. 2025. 20 UN. International Covenant on Civil and Political Rights, 1966. Available at: https://www.ohchr.org/en/ instruments-mechanisms/instruments/international-covenant-civil-and-political-rights . Accessed on: 5 Sept. 2025. 21 UN. International Convention on the Elimination of All Forms of Racial Discrimination, 1965. Available at: https://www.ohchr.org/en/instruments-mechanisms/instruments/international-convention-elimination-allforms-racial-discrimination . Accessed on: 5 Sept. 2025. 22 UN. Convention on the Rights of Persons with Disabilities, 2006. Available at: https://www.un.org/ development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities.html. Accessed on: 5 Sept. 2025. 23 C UROPEAN COURT OF HUMAN RIGHTS. Çam v. Turkey (Application no. 51500/08), judgment of 23 February 2016. Available at: https://hudoc.echr.coe.int/eng?i=001-161149. Accessed on: 5 Sept. 2025. 591 FREEDOM OF ACCESS TO RESTAURANTS
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