Overview
There are no HIV-specific laws in São Tomé and Príncipe, however there are general laws in the Penal Code which may be relevant to people living with HIV.
Article 337 of the Penal Code is a general disease provision which makes it an offence to spread a contagious disease. The law does not specify what diseases are included, but it presumably includes HIV. Similarly, the types of conduct that is criminalised are also not specified. The penalty for this provision is one to five years’ imprisonment, but is limited to up one year or a fine in cases of negligence. The law also provides that a failure by doctors to report a contagious disease can result in a sentence of up to two years’ imprisonment or a fine.
Furthermore, the Penal Code also includes a general sentence enhancement for certain sexual offences in cases where the accused was living with a sexually transmitted disease. Article 182 increases the penalty thresholds for these offences by one third.
Laws
Penal Code
Article 337. Spread of contagious disease
1. Whoever spreads a contagious disease, creating a danger to life or serious damage to the health or physical integrity of an undetermined number of people, is punished with imprisonment from 1 to 5 years.
2. If the conduct described in number 1 of this article is attributable to negligence, the penalty is imprisonment of up to 1 year or a fine of up to 100 days. In the case, however, of the infraction, by a doctor, of the obligation to report a contagious disease, the penalty is imprisonment of up to 2 years or a fine of up to 200 days.
Penal Code
Article 182. Aggravation and liability of legal or equivalent persons
(…)
2. The penalties provided for in Articles 166 to 170 and 175 to 178 are increased by one third (1/3), in their minimum and maximum limits, if the agent is a carrier of a sexually transmitted disease, namely venereal or syphilitic disease.
Acknowledgements
Our thanks to UNAIDS for their research assistance to confirm current relevant legislation.
HIV Justice Network's Positive Destinations
Visit the São Tomé and Príncipe page on Positive Destinations for information on regulations that restrict entry, stay, and residency based on HIV-positive status, as well as access to HIV treatment for non-nationals.