Lesbian, gay, bisexual, and transgender (LGBT) people in São Tomé and Príncipe face legal challenges not experienced by non-LGBT residents. Both male and female forms of same-sex sexual activity are legal in São Tomé and Príncipe , however LGBT 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 LGBT 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.[ 1] [ 2]
Recognition of same-sex relationships
São Tomé and Príncipe does not recognize same-sex marriages , civil unions , or domestic partnerships .
[ 3]
Discrimination protections
There is no legal protection against discrimination based on sexual orientation or gender identity .
Under Article 130(2)(d) of the Penal Code, it aggravates a hate crime in which the motive was the victim's sexual orientation.[ 3]
In 2019, the Labour Code was passed and it gives the right to employ a person regardless of sexual orientation.[ 3]
Public opinion
A 2016 poll found that 46% of Sāo Toméans would like or not mind having an LGBT neighbor.[ 4]
Summary table
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
References
Sovereign states States with limited recognition
Dependencies and other territories