SAO TOME AND PRINCIPE
Democratic Republic of Sao Tome and Principe
Republica Democratica de Sao Tome e Principe
Joined United Nations: 16 September 1975
Human Rights as assured by their constitution
Updated 05 January 2013
PART II
Social Fundamental Rights and Social Order

Title I
General Principles

Article 15. º
Principles of lgualdade

1. All citizens are equal before the law, enjoy the same rights and are subject to the same duties, irrespective of social background, race,
sex, political tendency, religion or philosophical conviction.

2. The woman is equal to man in rights and duties and shall be guaranteed full participation in the political, economic, social and cultural.

Article 16. º
Citizen Abroad

1. Whole-tomense who are citizens or resident is abroad has the same rights and is subject to the same obligations as the other citizens,
except when it is incompatible with the absence of the country.

2. Citizens are - tomenses living abroad have the care and protection of the state.

Article 17. º
Foreigners in Sao Tome and Principe

1. Foreigners and stateless persons who reside or are in Sao Tome and Principe enjoy the same rights and are subject to the same
obligations that are citizen-tomense, except with regard to political rights, the exercise of public functions and the other rights and duties
expressly reserved by law to the national.

2. The exercise of public functions can only be allowed to foreigners if they have a predominantly technical, unless agreement or
international convention.

3. The law may assign to foreign citizens residing in the national territory, in conditions of reciprocity, electoral capacity for active and
passive election of the holders of bodies of local authorities.

Article 18. º
Scope and Sense Rights

1. The rights enshrined in this Constitution do not exclude any that are provided for in laws or rules of international rights.

2. The requirements relating to fundamental rights are interpreted and integrated in line with the Universal Declaration of Human Rights.

Article 19. º
Restriction and Closure

1. The exercise of fundamental rights may only be restricted in cases provided for in the Constitution and suspended during the state of
siege or state of emergency declared under the Constitution and the law.

2. No restriction or suspension of rights can be established beyond the strictly necessary.

Article 20. º
Access to Courts

Every citizen is entitled to go to court against acts that violate their rights recognized by the Constitution and by law, no justice can be
denegada for lack of economic resources.

Article 21. º
Duties and Limits to Rights

Citizens have duties to the society and the state, can not exercise their rights in violation of the rights of other citizens and disregard of the
just demands of morality, public order and national independence defined in the law.

Title II
Personal Rights

Article 22. º
Rights to Life

1. Human life is inviolable.
2. Under no circumstances will the death penalty.

Article 23. º
Right to Personal Integrity

1. The moral and physical integrity of individuals is inviolable.

2. No one shall be subjected to torture or cruel treatment or punishment, inhuman or degrading.

Article 24. º
Right to Identity and Intimidade

The reserve of personal identity and intimacy of private life and family are inviolable.

Article 25. º
Inviolability of Aromas and Correspondence

1. The homes and confidentiality of correspondence and other means of communication are inviolable private.

2. The entry in the homes of citizens against their will can only be ordered by the competent judicial authority in the cases and according
to the forms required by law.

Article 26. º
Family, Marriage and Affiliation

1. Everyone has the right to found a family and to marry in conditions of full equality.

2. The law governs the requirements and the effects of marriage and the dissolution by death or divorce, irrespective of the form of
celebration.

3. Married couples have equal rights and duties regarding civil and political ability and the maintenance and education of children.

4. Children born out of wedlock can not, therefore, be subject to any discrimination.

5. Parents have the right and duty to education and maintenance of children.

Article 27. º
Freedom of Conscience, Religion and Worship

1. Freedom of conscience, of religion and of worship is inviolable.

2. Nobody can be persecuted, deprived of rights or free of obligations or civic duties because of their beliefs or religious practice.

3. Nobody can be prompted by any authority about their belief or religious practice, except for collection of statistical data not individually
identifiable, not be undermined by refuses to answer.

4. The religions are free in worship, in education and in their organization.

Article 28. º
Freedom of cultural creation

It is free to create intellectual, artistic and scientific.

Article 29. º
Freedom of expression and information

1. Everyone has the right to freely express and disseminate his thought by word, by the image or by any other means.

2. The offenses committed in the exercise of this right shall be subject to the general principles of criminal law, and its assessment of the
competence of the courts.

Article 30. º
Freedom of the press

1. In the Democratic Republic of Sao Tome and Principe is guaranteed the freedom of the press under the law.

2. The state provides a public service independent press the interests of economic groups and politicians.

Article 31. º
Right of freedom to learn and teach

1. Is guaranteed the right to learn and the freedom to teach.

2. The state can not assign the right to plan for education and culture seconds guidelines any philosophical, political, ideological or
religious.

Article 32.
Freedom of choice of occupation

Everyone has the right to freely choose a profession or type of work, unless the legal restrictions imposed by the collective interest or
incident to own capacity.

Article 33. º
Right to travel and emigration

1. The all citizens are guaranteed the right to move freely and set anywhere in the national territory.

2. The everyone is guaranteed the right to emigrate or leave the national territory and the right of return.

Article 34. º
Right of assembly and demonstration

1. Citizens have the right to assemble, peacefully and without weapons, even in places open to the public.

2. The all citizens are granted the right to demonstrate, in accordance with the law.

Article 35. º
Freedom of association

1. Citizens have the right, freely and without dependence on any authorization, form associations, provided they are not contrary to
criminal law or do not endanger the constitution and national independence.

2. Associations freely pursue their purposes.

3. Nobody can be compelled to belong to an association or coerced by any means to stay in it.

Article 36. º
Freedom and physical security

1. Everyone has the right to liberty and physical security personnel.

2. Nobody can be deprived of liberty, unless in cases provided for by law and always by decision or assessment by the court.

Article 37. º
Application of Criminal Law

1. Nobody can be sentenced only as a result of criminal law prior to declare a punishable action or omission or suffer a security measure
whose assumptions are not fixed in law before.

2. Shall apply, however, retroactively criminal laws of content more favorable to the accused or convicted.

Article 38. º
Limits of punishments and security measures

1. There can be no penalties or security measures deprivation or restrictive of liberty as a perpetual or unlimited or indefinite duration.

2. Sentences are not subject to transfer.

3. None penalty involves the effect required the loss of any civil, political or professional.

Article 39. º
Habeas Corpus

1. In case of unlawful arrest or detention resulting from abuse of power, you have the right to use the provision of Habeas Corpus.

2. The provision of Habeas Corpus is brought before the Court and his case is set by law.

Article 40. º
Guarantees of criminal case

1. The criminal case will ensure all guarantees for the defense.

2. Every defendant is presumed innocent until judged to traffic in the judgment of conviction and should be tried as soon as possible
consistent with the guarantees of protection.

3. The defendant has the right to choose and be champion he assisted on all acts of the case, the law specifying the cases and the phases
in which such assistance is required.

4. Any statement is the responsibility of a judge, which can, under the law, delegate other entities the practice of acts instrutórios that is
not directly relevant to fundamental rights.

5. The criminal case has structure acusatória, and the hearing of judgment and acts instrutórios that the law determine subordinated to the
principle of contradiction.

6. Are zero all evidence obtained through torture, coercion, offense physical integrity or moral person, improper interference in private
life, at home, in correspondence or in telecommunications.

7. Neither question can be removed to the court whose jurisdiction is fixed in law before.

Article 41. º
Extradition, deportation and asylum

1. Are not allowed to extradition and expulsion of people are - tomenses national territory.

2. It is not allowed the extradition for political reasons, not for crimes that meets the death penalty under the law of the State requester.

3. The expulsion of foreigners who have obtained permanent residence can only be determined by judicial authority, ensuring law
expeditious forms of decision.

4. Be granted asylum to foreigners persecuted or seriously threatened with persecution because of their activities in support of democratic
rights

Title III
Social e Cultural Social Rights and Economic Order, Social and Cultural

Article 42. º
Right to work

1. Everyone has the right to work.

2. The duty to work is inseparable from the right to work.

3. Duty to the State to ensure equal opportunities in the choice of profession or type of work and conditions for that is not forbidden or
restricted, depending on gender, access to any position, work or occupational categories.

4. Is guaranteed the right to the exercise of professions under the conditions laid down in law.

Article 43. º
Rights of workers

All workers are entitled:

a) The remuneration of work, according to the quantity, type and quality, and there is the principle that equal pay for equal work, to
ensure an existence dignity;

b) The trade union freedom as a way to promote their unity, defend their legitimate rights and protect their interests;

c) The organization of the work in conditions socially dignificantes, to provide personal fulfillment;

d)  The provision of work under conditions of hygiene and safety;

e)  A ceiling of the working day, the weekly rest and regular paid vacation;

f)  the strike, according to be regulated by law, taking into account the interests of workers and the national economy.

Article 44. º
Social Security

1. The state guarantees for every citizen, through the social security system, the right to protection in disease, disability, old age,
widowhood, ORPHAN and other cases provided by law.

2. The organization of the social security system, the state does not affect the existence of private institutions with a view to achieving the
objectives of Social Security.

Article 45. º
Cooperatives

1. Is guaranteed the right of free formation of cooperatives.

2. The state encourages and supports the creation and the activity of cooperatives.

Article 46. º
Intellectual property

The state protects the rights to intellectual property, including the rights of the author.

Article 47. º
Private Property

1. The everyone is guaranteed the right to private property and its transfer in life or death, in accordance with the law.

2. The requisition and expropriation in the public can only be made on the basis of the law.

Article 48. º
Private Companies

1. The state monitors compliance with the law by private companies and protects small and medium enterprises economically and socially
viable.

2. The State may authorize foreign investment, as it will be useful for economic and social development in the country

Article 49. º
Housing and environment

1. All are entitled to housing and an environment of human life and the duty to defend.

2. Responsible to the State plan and implement a policy of housing included in plans for regional planning.

Article 50. º
The right to health protection

1. All are entitled to health care and the duty to defend it.

2. Duty to promote the state Public Health, which aims at the welfare physical and mental balance of populations and their integration into
the social and ecological environment in which they live, according to the National Health System

3. Can the exercise of private medicine, under conditions set by law.

Article 51. º
Family

1. The family as a fundamental element of society, entitled to protection by society and the State.

2. Responsible, in particular, the rule:

a) To promote the social and economic independence of households;

b) Promote the creation of a national network of maternal-child care;

c) Cooperate with parents in the education of children.

Article 52. º
Children

Children have the right to respect and protection of society and the state, with a view to their integral development.

Article 53. º
Youth

Young people, especially young workers, enjoy special protection for implementation of their economic rights, social and cultural.

Article 54. º
Third age

The elderly are entitled to conditions of living and family economic security arrangements.

Article 55. º
Education

1. Education, as a recognized right for all citizens, seeks the integral formation of the man and his active participation in the community.

2. Up to the State to promote the elimination of illiteracy and continuing education, according to the National System of Education.

3. The state provides basic education compulsory and free.

4. The state gradually promotes the equal opportunity of access to other levels of education.

5. Can the teaching through private institutions in accordance with law.

Article 56. º
Culture and sport

1. Will create conditions so that all citizens have access to culture and are encouraged to actively participate in its creation and
dissemination.

2. The state preserves, maintains and enhances the cultural heritage of the people are - Tomense.

3. Duty to the State to encourage and promote the practice and dissemination of sports and physical culture.

Title IV
Duties and Civic-Political

Article 57. º
Participation in public life

All citizens have the right to take part in political life and in the direction of the affairs of the country, whether directly or through
representatives freely elected.

Article 58. º
Right to vote

They are entitled to vote all citizens more of eighteen years, the subject disabilities under general law.

Article 59. º
Right of access to public office

All citizens have a right of access under conditions of equality and freedom, to public office.

Article 60. º
Right to petition

All citizens have the right to make, individually and collectively, to the organs of political power or any authorities petitions,
representations, complaints or grievances to defend their rights, the Constitution, laws or the public interest.

Article 61. º
Right to compensation

Every citizen is entitled to compensation for damages caused by illegal actions and affecting their rights and legitimate interests, whether
the State organs, social organizations or want of public officials.

Article 62. º
Civic Organizations

The state supports and protects social organizations recognized by law that in correspondence with specific interests, fall and encourage
civic participation of the citizens.

Article 63. º
Political Organizations

1. Any citizen can provide or participate in political organizations recognized by law that outline the free and pluralistic participation of
citizens in political life.

2. Special law govern the formation of political parties.

Article 64. º
Duties with national defense

1. IS supreme honor and duty of citizens participate in the defense of the sovereignty, independence and territorial integrity of the state.

2. Every citizen has a duty to perform military service, according to the law.

3. The treason to the homeland is a crime punishable by the penalties more severe.

Article 65. º
Taxes

1. Every citizen has a duty to contribute to public expenditure, according to the law.

2. Taxes aimed at meeting the financial needs of the state and a fair distribution of income.
The islands of Sao Tome and Principe were uninhabited when discovered by the
Portuguese around 1470 and settled as a trading post in 1493. Because of the unattractive
location the Portuguese sent their "undesirables," primarily Jews to settle the island. Slave
importation began in the mid 16th century to cultivate sugar and, in the 1800's, coffee and
cocoa. An independence movement began in the late 1950's . The overthrow of the Caetano
dictatorship in Portugal in April 1974 led Portugal to dissolve its colonial holdings. Following
a brief transitional government, Sao Tome and Principe achieved its independence on 12
July 1975 with the promulgation of a Constitution and election of its first president. In 1990,
Sao Tome and Principe was one of the first African nations to embrace democratic reform
codified in its constitution. The army briefly seized control of the country in a July 2003 coup
but it was peacefully settled with the election of President De Menezes. The current
constitution came into effect 25 January 2003.  Human rights are enumerated beginning with
Part II (Social Fundamental Rights and Social Order), conforms with  the 1948 Universal
Declaration of Human Rights of which Sao Tome and Principe is a signatory and are
enumerated below.  For a full English translation of the Sao Tome and Principe's
Constitution, click
here.
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