UPR Sexual Rights Database

National Report:
Para 11) … In 2017, it ratified: the ICCPR, the OP-ICCPR; … the ICESCR;

National Report:
Para 14) … Women are equal to men in rights and duties and are guaranteed full participation in political, economic, social and cultural life, in accordance with the provisions set out in articles 6 and 15 of the Constitution. Consequently, all forms of discrimination are prohibited in Sao Tome and Principe.
Para 16) In order to enforce this constitutional measure, a number of laws and decrees have been introduced containing legal provisions prohibiting all forms of discrimination against and ill-treatment of children. They include: • Act No. 11/2008 on Domestic and Family Violence, which provides for the establishment of mechanisms to prevent and punish domestic and family violence … • Act No. 19/2018, the Family Code, which regulates, inter alia, the system of equality between spouses, leadership and representation of the family, the duties of spouses, addresses of family homes, the duty of care between spouses and children and the duty to contribute to family life.
Para 19) With specific reference to bodily harm and physical violence, article 7 (a) defines physical violence as follows: “Physical violence is understood as any behaviour that damages bodily integrity or health, such as slapping, pulling, pushing, hitting, pinching, biting, scratching, kicking and assaulting with weapons or objects”. Article 19 of the Act provides for penalties for offences of causing bodily harm, in the following terms: “Any person who, by committing abuse in a domestic or family setting, harms the body or health of another person, shall be punished by imprisonment for a term of from 3 to 8 years”. The penalties for aggravated offences of causing bodily harm are set out in article 20 of the Act. Para 20) Act No. 6/2012, the Criminal Code, also provides for the punishment of offences of bodily harm in general, in articles 141 to 151, and against minors in particular, in article 152. It cannot therefore be said that any legislation exists in Sao Tome and Principe that permits bodily harm against children or any other persons.
Para 25) The Counselling Centre against Domestic Violence has improved certain aspects of its internal conditions and acquired computer equipment to enable its offices to communicate with District Commands and the National Police Department in the Principe Autonomous Region. It has also set up a shelter for victims, produced behaviour change communication materials, conducted local outreach campaigns and a participatory baseline study on domestic violence, and evaluated the implementation of the Gender-based Violence Strategy and its respective update for the period 2019–2023.
Para 26) However, it should be noted that the Centre still faces many difficulties in ensuring its proper functioning.
Para 28) Also in the context of capacity-building for the judicial system, a process to modernize the entire justice system has been launched in partnership with the United Nations Development Programme (UNDP). The aim of the process is to modernize the system’s organization, management, human resources and physical and information technology infrastructure, as well as the provision of equipment and materials. To this end, a series of actions are planned, including: … The establishment of a directorate general for crime prevention dedicated to tackling domestic violence …
Para 81) Recommendations 108.36, 108.37 and 108.39 essentially call for measures to counter all forms of discrimination and violence against women. Sao Tome and Principe has adopted a series of legislative and other measures to combat this evil, which is taking root in society: • Social Security Act No. 1/90 establishes the right to maternity leave. Women are entitled to 60 days of paid maternity leave, or 75 days in the event of a multiple birth. The Act sets the retirement age for both men and women at 62 years. • Articles 23 and 27 of Social Security Act No. 7/2004 establish the right of self-employed workers to join a social security scheme, thus filling a gap left by Act No. 1/90 and giving a large percentage of women workers in this category (self-employed, informal and domestic workers) the opportunity to join an integrated social protection scheme that provides them with a pension, among other things. • Act No. 11/2008 on Domestic and Family Violence provides for the creation of mechanisms for the prevention and punishment of domestic and family violence, in line with the commitments made under the CEDAW, and for the establishment of courts specializing in cases of domestic violence and other forms of gender-based violence. It also provides for measures to assist and protect victims of domestic violence. It defines the concept of domestic violence as “any act or omission occurring within the family or household that causes death, injury, physical, sexual or psychological suffering and material or non-material damage or deprivation of liberty in the following situations”. The Act also identifies and defines six forms of domestic and family violence, namely, physical, psychological and sexual violence and financial and emotional abuse. The penalties for offences that fall within these categories of violence are established in articles 13, 15, 17, 18 and 19 of the Act. • Act No. 12/2008 on Strengthening Legal Protection Mechanisms for Victims of Domestic and Family Violence Offences raises national awareness of violence of this kind, which constitutes a flagrant violation of women’s rights, and helps women themselves to break the silence on the subject and to draw attention to the problem by reporting cases of domestic and family violence, which was previously not considered an offence. • Act No. 6/2012, the Criminal Code, was adopted in order to protect against and prohibit all forms of discrimination and violence against women, ill-treatment and exploitation of minors and subordinates, domestic violence and so on. Articles 129 to 256 of the Code establish penalties for these offences. • Article 242 (2) of Act No. 2/2018, the Civil Service Act and Regulations, establishes the right to maternity leave of 98 days, which may be combined with annual leave and may begin 30 days before the baby is due. • Articles 15 to 22 of Act No. 62/2019, the Labour Code, stipulate that pregnant workers, workers who have recently given birth and breastfeeding workers are prohibited from performing certain activities and establish the principles of gender equality and non-discrimination in the field of employment by defining and expressly prohibiting gender discrimination, among other kinds of discrimination. • Act No. 19/2018, the Family Code, covers all the legal situations that affect families and are addressed in constitutional principles, the CEDAW and the Convention on the Rights of the Child. • Article 4 of Presidential Decree No. 3/2004, ratifying an ILO convention, stipulates that women are entitled to 14 weeks’ maternity leave, from 8 weeks before the birth to 6 weeks after the birth, and that this leave may be combined with annual leave. • It should be noted that, in addition to passing these laws, the Government, with the support of its development partners, has organized training and capacity-building activities for the officials responsible for their application and for members of civil society organizations, in order to raise awareness of their content.

UN Compilation:
Para 12) UNICEF stated that the districts of Mé-Zóchi and Lembá were among those with the highest rates of domestic violence, according to the national police. Mé-Zóchi included some of the most populated rural communities in the country. The preliminary results of the study financed by UNICEF in 2018 on the impact of interventions against domestic violence showed that awareness of domestic violence as a crime had increased in communities in the most remote areas of the country, such as those in the districts of MéZóchi and Lembá. That knowledge resulted from awareness-raising activities supported by United Nations and other organizations. Nevertheless, existing gender dynamics affected the translation of the knowledge into new behaviours.
Para 13) UNICEF noted the critical situation of women in the country, and that worrying phenomena continued to be observed in the area of child protection, including child labour, violence against children (corporal punishment was common), sexual violence and early marriage.
Para 14) UNICEF also noted that some of the most critical barriers to eliminating violence against children and women included strong gender stereotypes and discrimination, as well as multiple-partner dynamics out of wedlock, leading to an absence of social and economic responsibility by males, and the use of corporal punishment by caregivers.
Para 48) The United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) noted that some progress on women’s rights had been achieved in Sao Tome and Principe. However, work still needed to be done to achieve gender equality. As at February 2019, only 14.5 per cent of Parliament seats were held by women.
Para 49) UN-Women also referred to concerns regarding the proportion of women aged 20– 24 years old who were married or in a union before age 18, the adolescent birth rate, and the proportion of women aged 15–49 years who had reported that they had been subjected to physical and/or sexual violence by a current or former intimate partner in the previous 12 months. Women aged 15–49 years often faced barriers with respect to their sexual and reproductive health and rights.
Para 50) UN-Women further noted that, in Sao Tome and Principe, data was available for only 22.5 per cent of the indicators used to monitor the Sustainable Development Goals from a gender perspective, with gaps in key areas such as unpaid care and domestic work, and for key labour market indicators such as unemployment rate, gender pay gaps and skills in information and communications technology. Many areas, such as gender and poverty, women’s access to assets, including land, physical and sexual harassment, and gender and the environment, lacked comparable methodologies for comprehensive and periodic monitoring. Addressing those gender data gaps was a prerequisite for understanding the situation of women and girls in Sao Tome and Principe and for achieving the gender-related Sustainable Development Goal commitments.
Para 51) ILO stated that, in the economic sphere, it had been found that, although women in Sao Tome and Principe were more active than men, particularly in the informal sector, they still had little economic power, according to a poverty profile study. Accordingly, one of the country’s development challenges was to ensure equal enjoyment for men and women of favourable conditions and opportunities to achieve self-reliance.

Stakeholder Summary:
Para 12) The African Commission on Human and Peoples’ Rights noted, as a step forward, the holistic efforts of Sao Tome and Principe to combat gender-based domestic violence and child abuse. The Commission noted in particular the introduction of appropriate legislation and the establishment of entities and institutions to that effect, including the Counselling Centre against Domestic and Spousal Violence. The Commission also appreciated the awareness-raising campaigns, including the “green ribbon” campaign against child abuse, domestic violence, early pregnancy, drug use and related gender-based crimes, among other violations of women’s and children’s rights.
Para 13) Despite notable advances, the African Commission on Human and Peoples’ Rights remained concerned about the high prevalence of child abuse, domestic violence, early pregnancy, drug use and related gender-based crimes.

UN Compilation:
Para 28) CRC also noted as positive the decrease in mother-to-child transmission of HIV ...

National Report:
Para 11) … In 2017, it ratified: the ICCPR, the OP-ICCPR; … the ICESCR;