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LGBTQ rights in São Tomé and Príncipe

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LGBTQ rights in São Tomé and Príncipe
São Tomé and Príncipe
StatusLegal since 2012
Gender identityNo
MilitaryNo
Discrimination protectionsYes (sexual orientation only)
Family rights
Recognition of relationshipsNo
AdoptionNo

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in São Tomé and Príncipe face legal challenges not experienced by non-LGBTQ residents. Both male and female forms of same-sex sexual activity are legal in São Tomé and Príncipe, however LGBTQ persons face stigmatization among the broader population.

São Tomé and Príncipe was one of the few African states that signed a "joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations, condemning violence and discrimination against LGBTQ people.

Laws regarding same-sex sexual activity

Under the Penal Code of São Tomé and Príncipe that took effect in November 2012, same-sex sexual activity is legal. The age of consent is 16 years regardless of sexual orientation or gender.

Recognition of same-sex relationships

São Tomé and Príncipe does not recognize same-sex marriages, civil unions, or domestic partnerships.

Discrimination protections

The Labour Code 2019 Article 16.2 bans workplace discrimination based on sex and sexual orientation, among other grounds.

No worker or job candidate can be privileged, benefited, harmed, deprived of any right or exempt from any duty in reason, namely, of ancestry and social origin, race, color, age, sex, sexual orientation, marital status, family situation, genetic heritage, ability to reduced work, disability, chronic illness, nationality, ethnic origin, religion, political beliefs or ideological and union affiliation.

Under Article 130(2)(d) of the Penal Code, crimes motivated by hatred of the victim's sexual orientation are eligible for enhanced sentencing.

Public opinion

A 2016 poll found that 46% of Sāo Toméans would like or not mind having an LGBTQ neighbor.

Summary table

Same-sex sexual activity legal Yes (Since 2012)
Equal age of consent Yes (Since 2012)
Anti-discrimination laws in employment only Yes (Since 2019; sexual orientation only)
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) No
Same-sex marriages No
Recognition of same-sex couples No
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays and lesbians allowed to serve openly in the military
Right to change legal gender
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also

References

  1. "Código Penal: Aprovado pela Lei 6/2012" (PDF). Archived from the original (PDF) on 4 March 2016. Retrieved 20 May 2013.
  2. "Novo Código Penal já entrou em vigor". www.telanon.info. 8 November 2012. Retrieved 1 March 2021.
  3. ^ Mendos, Lucas Ramon (1 December 2020). "State-Sponsored Homophobia" (PDF).
  4. "NATLEX - Sao Tome and Principe - Ley núm. 6/2019, de 16 de noviembre de 2018, que aprueba el Código del Trabajo". natlex.ilo.org. Retrieved 3 January 2025.
  5. "What are the best and worst countries to be gay in Africa?". Gay Star News. 1 March 2016. Archived from the original on 7 December 2018. Retrieved 3 July 2019.
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