Woman laws at São Tomé and Príncipe
Here’s a detailed and current overview of women’s legal rights and protections in São Tomé and Príncipe:
1. Constitutional Rights & Political Representation
Constitutional Equality
The Constitution guarantees equality between women and men, ensuring women's full participation in political, economic, social, and cultural life, including equal access to public office and civil capacity (e.g., Articles 15, 26, 51, 57, 59)
Party Parity Law (2022)
In July 2022, the National Assembly adopted a Political Parity Law requiring at least 40% of seats in elected bodies and cabinet positions to be held by women—up from ~12% in the assembly and 20% in the cabinet
2. Legal Protections Against Gender-Based Violence
Domestic & Family Violence Legislation
A pivotal moment came in 2007 when, spurred by a high-profile abuse case, São Tomé and Príncipe enacted landmark laws that criminalize domestic and family violence—crafted through strong partnerships between women's advocates, legal experts, and international organizations
National Strategy & Support Network
In 2016, the government adopted a National Strategy on Gender-Based Violence, introducing laws to both punish aggressors and protect victims, alongside a prevention and care network
Marital Rape Criminalized
The Criminal Code expressly criminalizes rape, including spousal rape, under Law No. 11/2008, with penalties ranging from 2 to 12 years in prison
3. Societal Norms & Implementation Challenges
Cultural Barriers to Reporting
Many women are reluctant to report abuse due to entrenched traditions that consider domestic issues private. Reporting remains particularly low in rural areas despite legal protections
Rising Awareness Through Reporting
While reported cases of domestic violence have increased—which some see as a positive sign—many women still face low awareness of their rights and limited access to support
Human Rights Monitoring & Gaps
Recent reviews by UN bodies highlighted a pressing need for improved data collection, victim support services, judicial training, and mechanisms against harmful practices and trafficking
4. Marriage, Family Law & Gender Equality
Marriage Regulations & Gender Roles
The Constitution ensures equal rights and duties of spouses, including in marriage, education, and child-rearing. Likewise, it prohibits discrimination against children born outside of marriage
Minimum Marriage Age
The law requires both spouses be at least 18 to marry. In exceptional cases, minors (women aged 14+, men aged 16+) may marry with parental or judicial consent
5. Economic Rights & Education
Property, Inheritance & Economic Freedom
Since 1975, the nation’s founding legal framework has enshrined women’s rights to own property, inherit, and work without needing spousal permission
Education Access & Gender Gaps
Despite legal equality, girls often face barriers in education, while workforce participation remains low (circa 37%). Notably, in 2020, the government removed a restrictive policy that barred pregnant students from daytime classes, reinforcing gender-responsive learning environments
6. Women in Law & Leadership
Trailblazers in the Judiciary and Legal Profession
Alice Vera Cruz – First female judge and President of the Supreme Court (2001).
Edite Tenjua – First female lawyer in the oil and gas sector; later, Vice-President of the Constitutional Court (2019).
Celiza de Deus Lima – First female head (Bastonária) of the Bar Association (2012–2014).
Kótia Solange do Espírito Santos Menezes – First female elected judge of the Constitutional Court (2018).
Summary Table
| Domain | São Tomé and Príncipe – Status |
|---|---|
| Constitutional Equality | Full gender parity guaranteed by law |
| Political Representation | 40% quota law adopted; current ~24% in Assembly |
| SGBV Protections | Strong laws since 2007; marital rape criminalized; strategy adopted 2016 |
| Cultural Enforcement Gaps | Reporting low due to tradition; increasing awareness but services lag |
| Family & Marriage Laws | Equal spousal rights enshrined; conditional minor marriage allowed |
| Economic & Education Rights | Legal autonomy in property/work; education barriers persist |
| Women in Justice & Law | Significant firsts in judiciary and legal leadership roles |
Final Thoughts
São Tomé and Príncipe has made meaningful progress in advancing women's legal rights—through constitutional mandates, political parity laws, and robust protections against violence. At the same time, enforcement remains undermined by deep-rooted cultural norms, limited support infrastructure, and gaps in rural outreach.
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