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.
LGBTQ rights in São Tomé and Príncipe | |
|---|---|
 | |
| Status | Legal since 2012 |
| Gender identity | No |
| Military | No |
| Discrimination protections | Yes (sexual orientation only) |
| Family rights | |
| Recognition of relationships | No |
| Adoption | No |
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
editUnder 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.[1][2]
Recognition of same-sex relationships
editSão Tomé and Príncipe does not recognize same-sex marriages, civil unions, or domestic partnerships. [3]
Discrimination protections
editThe 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.[4]
Under Article 130(2)(d) of the Penal Code, crimes motivated by hatred of the victim's sexual orientation are eligible for enhanced sentencing.[3]
Public opinion
editA 2016 poll found that 46% of Sāo Toméans would like or not mind having an LGBTQ neighbor.[5]
Summary table
edit| Same-sex sexual activity legal |  (Since 2012)
|
| Equal age of consent | (Since 2012)
|
| Anti-discrimination laws in employment only | (Since 2019; sexual orientation only)
|
| Anti-discrimination laws in the provision of goods and services | 
|
| Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) |
|
| Same-sex marriages |
|
| Recognition of same-sex couples |
|
| Step-child adoption by same-sex couples |
|
| Joint adoption by same-sex couples |
|
| Gays and lesbians allowed to serve openly in the military | 
|
| Right to change legal gender |
|
| Access to IVF for lesbians |
|
| Commercial surrogacy for gay male couples |
|
| MSMs allowed to donate blood |
|
See also
edit
References
edit- ^ "Código Penal: Aprovado pela Lei 6/2012" (PDF). Archived from the original (PDF) on 4 March 2016. Retrieved 20 May 2013.
- ^ "Novo Código Penal já entrou em vigor". www.telanon.info. 8 November 2012. Retrieved 1 March 2021.
- ^ a b Mendos, Lucas Ramon (1 December 2020). "State-Sponsored Homophobia" (PDF).
- ^ "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.
- ^ "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.