UPR Sexual Rights Database

National Report:
Para 36) The Constitution of Timor-Leste guarantees the rights of all people to marriage. Article 1500 of the Civil Code states that authorization for the marriage of a minor aged less than seventeen and above the age of sixteen shall be granted by the parents exercising parental authority or by the guardian.
Para 37) The Government of Timor-Leste acknowledges that many cases of early marriage occur in Timor-Leste especially in remote areas, and most of these minors marry early because of the economic difficulties faced by their parents, and some of these marriages are based on the free consent of the minors. To prevent early marriage the Government of TimorLeste through the Ministry of Health (MoH) and the CRC is raising awareness in schools and for communities, especially parents, about the impact of early marriage on health and also the impact on the lives of minors.
Para 79) The State has a policy of continuing to promote and protect women and girls so they can enjoy their rights and continues to reduce discrimination in public and private institutions including human trafficking, sexual exploitation, early marriage and forced marriage practices and provides equal opportunities to women to be leaders at the political level.

UN Compilation:
Para 36) UNESCO noted that the minimum age for marriage was 17 years, but that minors could get married at the age of 16 years with parental consent.

National Report:
Para 22) Timor-Leste acknowledges that it has not yet ratified the CRPD, however now it is making preparations for the ratification process. The Ministry of Social Solidarity and Inclusion (MSSI), Ministry of Justice (MoJ) and the Ministry of Foreign Affairs and Cooperation (MFAC) has established a team to make preparations for ratification.

National Report:
Para 35) The Government of Timor-Leste has adopted many measures to combat violence against women and children. The Government of Timor-Leste through the Secretary of State for Equality and Inclusion has produced a national action plan for gender-based violence 2017-2020, with four important pillars, namely: the prevention of gender-based violence, providing services to victims, access to justice for victims, and coordination, monitoring and assessment of initiatives that have been developed. In 2020 the Government launched a Spotlight Initiative program with the aim of combatting gender-based violence such as violence against women and girls.
Para 77) The Government acknowledges that gender-based violence continues to occur, especially against women, however the Government continues to endeavour to reduce gender-based violence in Timor-Leste.
Para 78) The Government has launched a National Action Plan on Gender Based Violence 2017-2021 as a State commitment to resolve problems to reduce and eradicate gender-based violence that affects women, men and children in the community through coordination and the inclusive participation of all entities.
Para 79) The State has a policy of continuing to promote and protect women and girls so they can enjoy their rights and continues to reduce discrimination in public and private institutions including human trafficking, sexual exploitation, early marriage and forced marriage practices and provides equal opportunities to women to be leaders at the political level.
Para 80) The Government works with non-government organizations and has established safe and protected places for victims and survivors, offering temporary accommodation, including attending to victims and survivors of sexual abuse, domestic violence, the sexual abuse of children, or trafficking. Now there are safe rooms at the national hospital, referral hospitals and health centres in four municipalities and safe room services are provided by PRADET.
Para 81) Also shelters have been established, as part of a collaboration between the Government and civil society organisations. In 2018, there were safe shelters in all of the 13 municipalities that also guarantee the safety of victims of gender-based violence and shelters also provide training on livelihood skills with the aim of reintegrating victims into the community who have the capacity to make a living.
Para 82) To prevent sexual harassment from occurring in the workplace, the Public Service Commission has created a mechanism for reporting sexual harassment, and the Rosa CHATBOT facilitates reporting of gender-based violence in specific cases relating to sexual harassment that is committed by Public Servants in the workplace or in a public place. The Rosa CHATBOT protects the identity of those who make a complaint.

UN Compilation:
Para 9) The Committee against Torture commended Timor-Leste for its initiatives to amend its policies and procedures in order to afford greater protection of human rights and to apply the Convention against Torture, in particular the adoption of the second National Action Plan on Gender-based Violence (2017–2021);
Para 27) The Special Rapporteur noted that, in terms of access to justice and compliance with human rights standards, there were shortcomings in both the formal justice system and the customary justice system. In the customary justice system, hearings were commonly conducted in public, which was clearly unsuitable for crimes relating to emotionally vulnerable victims of domestic violence and child abuse. Some customary justice practices might entail physical punishments, in contravention of international human rights law.
Para 49) The United Nations country team also noted that gender-based violence was recognized as one of the most pervasive and widespread human rights concerns in TimorLeste, with three in five (59 per cent) ever-partnered women (aged 15–49 years) having experienced physical and/or sexual intimate partner violence in their lifetime. Of these, 86 per cent had not sought assistance from formal agencies, services or other authorities. Women and girls with disabilities, as well as lesbian, gay, bisexual, transgender, queer and intersex persons, were at an even higher risk of violence, often perpetrated by family members.
Para 50) The Committee against Torture expressed concern about the reluctance of Timor-Leste to criminalize marital rape and incest as distinct crimes, and expressed regret at the lack of information provided on the number of complaints, investigations, prosecutions, convictions and sentences imposed in cases of gender-based violence against women.

Stakeholder Summary:
Para 11) PDHJ highlighted that the formal judicial process did not provide for an accessible, fast and coherent result that ensured victims of domestic violence safety and livelihood. This caused those victims to turn to traditional justice mechanisms and remedies that might not integrate a human rights perspective.