UPR Sexual Rights Database

National Report:
Para 11) … In 2017, it ratified: the ICCPR, …

National Report:
Para 16) In order to enforce this constitutional measure, a number of laws and decrees have been introduced containing legal provisions prohibiting all forms of discrimination against and ill-treatment of children. They include: • Act No. 11/2008 on Domestic and Family Violence, which provides for the establishment of mechanisms to prevent and punish domestic and family violence …
Para 18) Act No. 11/2008 on Domestic and Family Violence provides for the establishment of specific mechanisms for the prevention of domestic and family violence and, in article 7, lists various forms of violence, including physical, psychological and sexual violence and emotional and financial abuse.
Para 19) With specific reference to bodily harm and physical violence, article 7 (a) defines physical violence as follows: “Physical violence is understood as any behaviour that damages bodily integrity or health, such as slapping, pulling, pushing, hitting, pinching, biting, scratching, kicking and assaulting with weapons or objects”. Article 19 of the Act provides for penalties for offences of causing bodily harm, in the following terms: “Any person who, by committing abuse in a domestic or family setting, harms the body or health of another person, shall be punished by imprisonment for a term of from 3 to 8 years”. The penalties for aggravated offences of causing bodily harm are set out in article 20 of the Act. Para 20) Act No. 6/2012, the Criminal Code, also provides for the punishment of offences of bodily harm in general, in articles 141 to 151, and against minors in particular, in article 152. It cannot therefore be said that any legislation exists in Sao Tome and Principe that permits bodily harm against children or any other persons.
Para 25) The Counselling Centre against Domestic Violence has improved certain aspects of its internal conditions and acquired computer equipment to enable its offices to communicate with District Commands and the National Police Department in the Principe Autonomous Region. It has also set up a shelter for victims, produced behaviour change communication materials, conducted local outreach campaigns and a participatory baseline study on domestic violence, and evaluated the implementation of the Gender-based Violence Strategy and its respective update for the period 2019–2023.
Para 26) However, it should be noted that the Centre still faces many difficulties in ensuring its proper functioning.
Para 28) Also in the context of capacity-building for the judicial system, a process to modernize the entire justice system has been launched in partnership with the United Nations Development Programme (UNDP). The aim of the process is to modernize the system’s organization, management, human resources and physical and information technology infrastructure, as well as the provision of equipment and materials. To this end, a series of actions are planned, including: … The establishment of a directorate general for crime prevention dedicated to tackling domestic violence …
Para 81) Recommendations 108.36, 108.37 and 108.39 essentially call for measures to counter all forms of discrimination and violence against women. Sao Tome and Principe has adopted a series of legislative and other measures to combat this evil, which is taking root in society: • Act No. 11/2008 on Domestic and Family Violence provides for the creation of mechanisms for the prevention and punishment of domestic and family violence, in line with the commitments made under the CEDAW, and for the establishment of courts specializing in cases of domestic violence and other forms of gender-based violence. It also provides for measures to assist and protect victims of domestic violence. It defines the concept of domestic violence as “any act or omission occurring within the family or household that causes death, injury, physical, sexual or psychological suffering and material or non-material damage or deprivation of liberty in the following situations”. The Act also identifies and defines six forms of domestic and family violence, namely, physical, psychological and sexual violence and financial and emotional abuse. The penalties for offences that fall within these categories of violence are established in articles 13, 15, 17, 18 and 19 of the Act. • Act No. 12/2008 on Strengthening Legal Protection Mechanisms for Victims of Domestic and Family Violence Offences raises national awareness of violence of this kind, which constitutes a flagrant violation of women’s rights, and helps women themselves to break the silence on the subject and to draw attention to the problem by reporting cases of domestic and family violence, which was previously not considered an offence. • Act No. 6/2012, the Criminal Code, was adopted in order to protect against and prohibit all forms of discrimination and violence against women, ill-treatment and exploitation of minors and subordinates, domestic violence and so on. Articles 129 to 256 of the Code establish penalties for these offences.
Para 82) As mentioned above, in line with recommendation 107.57, access to education in Sao Tome and Principe is universal and free of charge up to the ninth year of schooling, and there is no discrimination as regards the right to education or the right to employment.

UN Compilation:
Para 12) UNICEF stated that the districts of Mé-Zóchi and Lembá were among those with the highest rates of domestic violence, according to the national police. Mé-Zóchi included some of the most populated rural communities in the country. The preliminary results of the study financed by UNICEF in 2018 on the impact of interventions against domestic violence showed that awareness of domestic violence as a crime had increased in communities in the most remote areas of the country, such as those in the districts of MéZóchi and Lembá. That knowledge resulted from awareness-raising activities supported by United Nations and other organizations. Nevertheless, existing gender dynamics affected the translation of the knowledge into new behaviours.
Para 13) UNICEF noted the critical situation of women in the country, and that worrying phenomena continued to be observed in the area of child protection, including child labour, violence against children (corporal punishment was common), sexual violence and early marriage.
Para 14) UNICEF also noted that some of the most critical barriers to eliminating violence against children and women included strong gender stereotypes and discrimination, as well as multiple-partner dynamics out of wedlock, leading to an absence of social and economic responsibility by males, and the use of corporal punishment by caregivers.
Para 49) UN-Women also referred to concerns regarding … the proportion of women aged 15–49 years who had reported that they had been subjected to physical and/or sexual violence by a current or former intimate partner in the previous 12 months.

Stakeholder Summary:
Para 12) The African Commission on Human and Peoples’ Rights noted, as a step forward, the holistic efforts of Sao Tome and Principe to combat gender-based domestic violence and child abuse. The Commission noted in particular the introduction of appropriate legislation and the establishment of entities and institutions to that effect, including the Counselling Centre against Domestic and Spousal Violence. The Commission also appreciated the awareness-raising campaigns, including the “green ribbon” campaign against child abuse, domestic violence, early pregnancy, drug use and related gender-based crimes, among other violations of women’s and children’s rights.
Para 13) Despite notable advances, the African Commission on Human and Peoples’ Rights remained concerned about the high prevalence of child abuse, domestic violence, early pregnancy, drug use and related gender-based crimes.

National Report:
Para 98) Most of the reforms and developments in the period covered by the report have been concerned with the promotion and protection of women’s rights and the empowerment of women. This is reflected in the quantity and quality of the measures taken and the results achieved. Many measures have been taken to empower women and promote gender equality within the framework of Islamic sharia law. These include the codification of judicial rulings on personal status matters, to which reference has already been made; the issuance of Supreme Order 33322 (18 April 2017), allowing women to access government services and conclude their business without being required to obtain the approval of another person; the appointment of 30 women to the Consultative Council, representing 20 per cent of members; granting women the right to vote and stand as candidates in municipal elections; the appointment of six women to the board of the Human Rights Commission; the appointment of Saudi women to senior positions, such as deputy minister, university principal and chair of the board of directors of several companies, including the Saudi Stock Exchange (“Tadawul”). As such, women now occupy decision-making positions in the public and private sectors.
Para 99) A number of decisions have been taken to promote the judicial rights of women, including: • Introduction of the Alimony Fund; • Issue of the marriage certificates in two copies, one for each spouse; • Granting women a notary’s licence, giving some of the powers of a notary public.
Para 100) The creation of the Family Affairs Council, which has assigned responsibility for women’s affairs to one committee and for family protection to another, is a significant development of the institutional framework to protect and promote the rights of women and the family. The Women’s Affairs Committee has begun holding consultation workshops to review key laws relating to women. Additionally, the Council has approved a mechanism to formulate a national strategy for women.
Para 101) The promulgation of the Protection against Abuse Act, its implementing regulations and associated executive measures represents a guarantee to combat all forms of violence against women.
Para 102) In 2016, the complaints centre became operational. The centre receives reports of domestic violence on the strength of which the public prosecutor brings a criminal action under article 17 of the Criminal Procedure Act. If he believes it is in the public interest to do so, the public prosecutor investigates crimes involving a private right of action.
Para 103.) Regarding woman’s right to freedom of movement, Supreme Order no. 905 (26 September 2017), authorising implementation of the Traffic Act and its implementing regulations, provides for driving licences to be issued to men and women on a basis of equality. To prepare for women driving cars in the Kingdom, the General Directorate of Traffic licenced five driving schools for women across the country, while advanced level driving schools have been opened in collaboration with the universities. Furthermore, 21 centres across the country have been established for female holders of foreign driving licenses who wish to exchange them for Saudi licenses. The Supreme Order has been implemented and women began driving cars on 24 June 2018.
Para 104) A number of initiatives have been launched across the country to empower women economically. These include the “Qurrat” programme to support childcare services for working women; the “Wusul” programme to provide transport for working women; the “Self-employment support” program, which widens opportunities for women to increase their income using the skills they have; and the “Part-time working” and “Remote working” programmes to enable women to balance work and family life. There are also empowerment programmes in rural and remote areas designed to encourage women to enter the job market.
Para 105) There has been a marked increase in the proportion of women working in the law, as court attorneys, public prosecutors and lawyers, on an equal footing with their male colleagues. Instructions have been issued by the Public Prosecution Service requiring female lawyers to be treated the same as their male counterparts, enabling them to study their clients’ case papers and be present when clients are questioned, in accordance with article 70 of the Criminal Procedure Act.
Para 106) There has also been a marked rise in the proportion of women working in government service. Numerous programmes have been developed to expand female employment opportunities, in collaboration with the Human Resources Development Fund, General Organization for Social Insurance and the Technical and Vocational Training Corporation and in partnership with employers. A total of 2,033,668 women were in employment in the first quarter of 2018, compared with 2,008,233 in the first quarter of 2017. The number of Saudi women working in the private sector rose to 559,814 in the first quarter of 2018, representing approximately 32 per cent of Saudis employed in the private sector. The aim of Saudi Vision 2030 is to increase female participation in the job market from 22 per cent to 30 per cent by 2030, achieving a 3 per cent increase in non-oil GDP.
Para 107) Article 34 of the standard model employment regulations sets out the general rules on equal pay for work of equal value, which include a prohibition on any form of discrimination between male and female workers in respect of equal pay for work of equal value. It is worth noting that the Kingdom is a party to the International Labour Organization Equal Remuneration Convention, 1951 (No. 100) and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).
Para 108) To the Kingdom’s achievements in women’s rights might be added the following: adoption of the Mother and Child Health Passport, designed to track the health of mother and child from pregnancy and birth until the age of five; application of the developed prenatal care model and distribution of literature thereon, amended in accordance with World Health Organization standards; and establishment of the National Observatory for Women, a centre of excellence attached to the King Abdullah Institute for Research and Consulting Studies at King Saud University. The Observatory tracks the participation of Saudi women in development programmes and their growing involvement in NGOs. Note that Saudi women make up 25 per cent of the founding members of the National Society for Human Rights and can be found on the board of banks, chambers of commerce and the Saudi Council of Engineers. Furthermore, there has been a rise in the number of charities founded and managed by women.
Para 109) Saudi businesswomen feature prominently on global lists and rankings. They organize workshops across the Kingdom to promote women’s rights and play a prominent role in the activities of the King Abdulaziz Centre for National Dialogue and the cultural dialogue sessions it organizes. They are also involved in implementing action programmes to improve the delivery of services for women, including family security mechanisms, productive family programmes, motherhood programmes, sport and leisure programmes and programmes to help families with limited income develop their own resources and transition from dependency to productivity.
Para 110) Forced marriage is forbidden by Islamic sharia law, which holds that a marriage can only be concluded with the woman’s consent. Sharia law prohibits a woman being prevented from marrying or forced into marriage against her will. A woman may not be prevented from marrying a man who meets the lawful conditions for marriage. The King Abdulaziz Centre for National Dialogue conducted a study in partnership with stakeholders and civil society organizations, which showed that the number of women entering into forced or early marriage continues to decline. The study gave rise to a set of proposals, containing a number of measures and guidelines. Note that article 16 (3) of the implementing regulations for the Child Protection Act stipulates that, before the contract of marriage can be concluded, it must be ascertained that the marriage of a person under the age of 18, whether male or female, shall not cause harm and shall be in the best interests of that person.
Para 111) The human rights awareness and instruction programmes organized by stakeholders, such as the Ministry of Education, Ministry of Culture and Information and Human Rights Commission, are designed to correct the sort of false impressions that can lead to discrimination against women. The Council of Senior Scholars strives to correct these ideas by publishing statements in the media and on its social media accounts and by the appearance on television and radio of Council members. The Ministry of Islamic Affairs, Dawah and Guidance plays an important role in this regard, through its preachers and imams.

National Report Annex 1:
و- من القرارات التي اتخذت لتعزيز حقوق المرأة المتصلة بالقضاء:
 زيادة نسبة المحاميات بنسبة ١٢٠٪ حيث ارتفع عددهن إلى 304 محامية.
 إطلاق دبلوم المحاماة لتقديم التأهيل المنتهي بمنح رخصة مزاولة المهنة.
 إنشاء مراكز خاصة لتنفيذ أحكام الحضانة من أجل توفير بيئة نموذجية يسودها الجو الأسري والأمني والصحي والترفيهي، بمشاركة إحدى مؤسسات المجتمع المدني في المملكة.
 منح المرأة حق الولاية على المحضون مما يسهل عليها الحصول على الخدمات من الجهات المختلفة.
 استحقاق أسرة المتغيب أو المفقود والأسرة المهجورة أو المعلقة لمعاش الضمان الاجتماعي.
 تعديل لائحة نظام التنفيذ التي نصت على حق الحضانة للأم خلال فترة التقاضي وأن يكون تنفيذ قضايا الحضانة أو الزيارة في بلد الحضانة أو الزيارة المنصوص عليه في السند التنفيذي.
 التنفيذ الفوري لأحكام النفقة أو رؤية الطفل المحضون أو تسليمه لحاضنته.
 إنشاء مكاتب نسوية في محاكم الأحوال الشخصية لخدمة المرأة مجاناً، بالمشاركة مع إحدى مؤسسات المجتمع المدني.
 صدور تعميم رئيس المجلس الأعلى للقضاء رقم ت/١٠٤٩ وتاريخ ٢٠/٦/١٤٣٩ هـ الموافق (٨ مارس ٢٠١٧) المتضمن أحقية الأم بإثبات حضانة أبنائها دون حاجتها إلى رفع دعوى قضائية في محاكم الأحوال الشخصية بذلك في الحالات التي يثبت عدم وجود خصومة أو نزاع بينها وبين والد المحضونين.

UN Compilation:
Para 8) … CEDAW noted the creation, in 2016, of the Council for Family Affairs.
Para 41) [CEDAW] welcomed measures promoting women’s employment. It remained concerned about women’s low participation in the labour market; the lack of enforcement of the law abolishing the need for a guardian’s permission to work; persistent occupational segregation and sex segregation in the workplace; the concentration of women in low-paid jobs; and the persistent gender wage gap.
Para 56) The Special Rapporteur on extreme poverty noted that challenges with regard to the human rights of women were heavier on women living in poverty, as many employers still insisted on obtaining the permission of male guardians before women could work.

Stakeholder Summary:
Para 32) JS8 noted that workers are denied an array of fundamental rights. The few rights that do exist are not meaningfully protected. This is clear in the continued, widespread and severe discrimination, both through law and in practice, against women, …
Para 34) AI, Musawah and JS6 observed that women and girls face discrimination in law including in the Civil Status Code, Labour Code and Nationality Act, and in practice. They noted that Saudi Arabia made some progress in advancing women’s rights. Despite these ostensibly positive developments, but they failed to implement the eight accepted UPR recommendations pertaining to the system of male guardianship over women. Women face numerous restrictions on their daily actions throughout Saudi society. The government has recently taken steps towards easing guardianship restrictions, but reforms are limited, and provide no penalties for offences. The system is not only set in law, but is a set of regulations that act as de facto law.
Para 35) HRW noted that Saudi Arabia committed in its previous UPR to implementing the Protection from Abuse Regulation that detail enforcement and redress mechanisms for women and children facing domestic violence.
Para 36) Musawah noted that Muslim men could marry up to four wives at one time with few restrictions.
Para 37) Musawah reported that women do not enjoy equal rights to custody and guardianship of their children as the father has priority.
Para 38) AI, Musawah, JS3, and JS6 observed that Saudi Arabian women with foreign spouses, unlike their male counterparts, cannot pass on their nationality to their children or spouses.
Para 46) AI, HRW, Musawah, JS3 and JS6 noted that Saudi Arabia still does not allow women to transmit nationality to their children on an equal basis with men.

National Report:
Protection against Abuse Act:
Para 6) Promulgated by Royal Decree no. 52 (21 September 2013), the Act represents a key national framework for addressing all forms of abuse faced by a number of groups in society. The Act was designed to ensure protection from all types of abuse, afford help and treatment, provide shelter and social, psychological and health care, ensure that appropriate statutory measures are taken to bring to account and punish perpetrators and spread awareness of the social effects of abuse. The implementing regulations, issued by Decision of the Minister of Labour and Social Development no. 43047 (9 March 2014), contain a number of mechanisms for implementing the provisions of the Act.
Supreme Order no. 27808 (15 March 2017):
Para 20) The Order requires a study to be conducted into domestic violence and the best ways of dealing with issues of guardianship and custody, to include review of the relevant legislation with a view to proposing amendments thereto and preparation of a manual on general domestic violence issues and custody. The Order also requires programmes to be held for judges across the country, in partnership with stakeholders.
Para 60) A further achievement in abuse prevention has been the creation of a special centre at the Ministry of Labour and Social Development to receive reports of domestic violence on one consolidated telephone number (1919), working around the clock.
Para 101) The promulgation of the Protection against Abuse Act, its implementing regulations and associated executive measures represents a guarantee to combat all forms of violence against women.
Para 102) In 2016, the complaints centre became operational. The centre receives reports of domestic violence on the strength of which the public prosecutor brings a criminal action under article 17 of the Criminal Procedure Act. If he believes it is in the public interest to do so, the public prosecutor investigates crimes involving a private right of action.

National Report Annex 1:
ز- صدرت اللائحة التنفيذية لنظام الحماية من الإيذاء متضمنةً عدداً من الآليات التنفيذية للأحكام الواردة في النظام، ومن أبرزها:
 التزام كل جهة عامة أو خاصة بإبلاغ وزارة العمل والتنمية الاجتماعية أو الشرطة عن حالات الإيذاء التي تطلع فيها فور العلم بها.
 إنشاء مركز لتلقي البلاغات يقوم باستقبال البلاغات عن حالات الإيذاء.
 التعامل الفوري مع البلاغات من خلال التواصل مع الحالة وتقييم وضع الحالة من حيث الخطورة، وإجراء التقييم الطبي لها إذا لزم الأمر واتخاذ جميع الإجراءات اللازمة والمناسبة للتعامل مع الحالة.

UN Compilation:
Para 51) Despite the enactment of the Protection from Abuse Act,118 criminalizing domestic violence, the CEDAW noted with concern the prevalence of gender-based violence against women, particularly domestic and sexual violence, which remained largely underreported and undocumented. In the light of the large number of reported domestic violence incidents, the Committee against Torture was concerned about allegations that the male guardianship system (mehrem) deterred and often prevented victims from reporting such cases.

Stakeholder Summary:
Para 35) HRW noted that Saudi Arabia committed in its previous UPR to implementing the Protection from Abuse Regulation that detail enforcement and redress mechanisms for women and children facing domestic violence.