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Provisions related to slavery are found in the Penal Code at article 106 which criminalises slavery.
There appears to be no legislation in place in Guinea-Bissau which prohibits institutions and practices similar to slavery, although practices similar to slavery and forced marriage may form elements of the offence of human trafficking under the 2011 Law to Prevent and Combat Human Trafficking. Illicit adoption is also criminalised under article 6.
There appears to be no legislation in place in Guinea-Bissau which prohibits servitude, although servitude may form an element of the offence of human trafficking under the 2011 Law to Prevent and Combat Human Trafficking.
There appears to be no legislation in place in Guinea-Bissau which prohibits forced labour.
Provisions related to trafficking in persons are found in the 2011 Law to Prevent and Combat Human Trafficking which criminalises trafficking at article 4.
Provisions related to forced marriage in Guinea-Bissau are found in the 1984 Civil Code, which addresses marriages entered into without genuine consent or with consent compromised by error or coercion at Article 1631. Article 1635 also addresses marriages concluded due to accidental incapacity, error regarding the physical identity of the other spouse, or cases where the declaration of marriage was obtained through physical coercion. Article 1638 addresses marriages celebrated under moral coercion or illicit threats.
There appears to be no legislation in Guinea-Bissau that prohibits servile matrimonial transactions.
Provisions related to marriage trafficking in Guinea-Bissau are found in the LAW 12/2011 LAW TO PREVENT AND COMBAT HUMAN TRAFFICKING 2011, which prohibits trafficking for slavery or similar practices at Articles 2 and 4, with a potential penalty of imprisonment from 3 to 15 years.
The minimum age for marriage in Guinea Bissau is 18, without differentiation by gender. However, marriages below this age may be permitted with the relevant consent. These exceptions are not differentiated by gender, and allow marriages as early as 16. Where marriages are conducted involving a female below the 14 and a male below 16, the marriage is affected by absolute direct impediment, as set out on Article 1601 of the 1984 Civil Code.
Africa
Not party to a court
Mixed
Article 11
Article 29
Article 36
Article 37
3. The State shall gradually create a system able to guarantee each worker social security in his old age and in case of illness or becoming incapacitated from working.
Article 106. Slavery
serve it in this condition or to maintain that the situation of another person give or receive and punishable with prison from five to fifteen years
(A) as a means of facilitating the sexual exploitation or use of the victim, by the agent himself or by a third party;
(B) the victim being under sixteen years of age, or
(C) If the agent has the office that gives him public or religious authority before a group, region or whole of the country,
The agent and punished with imprisonment from five to twenty years.
Article 3 General definitions
(A) “trafficking in persons” means the trafficking of persons, the recruitment or reception of persons by means of threats, moral or physical coercion, kidnapping, fraud, deception, forced marriage, abuse of authority or taking advantage of The victim’s vulnerability or his or her physical or natural disability or psychic anomaly or the delivery or acceptance of payments or benefits to obtain the consent of the person having authority over the victim for the purpose of sexual exploitation, Forced marriage, extraction of human organs, labor, slavery or similar practices, as well as servitude.
(B) “Forced labor or slavery” For the purpose of forced labor or slavery, and obtaining work or services from or by means of seduction, violence, intimidation or threat, use of force, including deprivation of liberty, abuse of authority or deception.
Article 4. Human Trafficking
(1) Everyone who recruit, be supplied, transport, accommodate a person for prostitution purposes, forced labor, involuntary servitude slavery or servitude for debt and punished with the penalty of prison from 3 to 15 years.
(2) If, as a result of the facts referred to in the preceding paragraph, the victim is injured or killed, the agent is punished with a sentence of 15 to 20 years in prison.
Article 6. Adoption for illicit purposes
(1) Anyone who adopts or facilitates the adoption of persons for the purpose of involvement in prostitution, sexual exploitation and forced labor, slavery, involuntary servitude, shall be punished by imprisonment for 10 to 15 years.
(2) If, as a result of the acts referred to in the preceding paragraph, the victim is injured or killed, the perpetrator shall be punished by imprisonment for 15 to 20 years.
Note: Article 20 prohibits all forms of child trafficking and prescribes penalties of three to 10 years’ imprisonment and the confiscation of any proceeds from the crime
Article 146. Minimum age of admission to work
It is forbidden to employ minors under the age of fourteen.
Art 26
Guinea-Bissau Constitution 1984 (Revision 1991) – Constitute Project – English (PDF)
Article 3 General definitions
(A) “trafficking in persons” means the trafficking of persons, the recruitment or reception of persons by means of threats, moral or physical coercion, kidnapping, fraud, deception, forced marriage, abuse of authority or taking advantage of The victim’s vulnerability or his or her physical or natural disability or psychic anomaly or the delivery or acceptance of payments or benefits to obtain the consent of the person having authority over the victim for the purpose of sexual exploitation, Forced marriage, extraction of human organs, labor, slavery or similar practices, as well as servitude.
(B) “Forced labor or slavery” For the purpose of forced labor or slavery, and obtaining work or services from or by means of seduction, violence, intimidation or threat, use of force, including deprivation of liberty, abuse of authority or deception.
Article 4. Human Trafficking
(1) Everyone who recruit, be supplied, transport, accommodate a person for prostitution purposes, forced labor, involuntary servitude slavery or servitude for debt and punished with the penalty of prison from 3 to 15 years.
(2) If, as a result of the facts referred to in the preceding paragraph, the victim is injured or killed, the agent is punished with a sentence of 15 to 20 years in prison.
Article 6. Adoption for illicit purposes
(1) Anyone who adopts or facilitates the adoption of persons for the purpose of involvement in prostitution, sexual exploitation and forced labor, slavery, involuntary servitude, shall be punished by imprisonment for 10 to 15 years.
(2) If, as a result of the acts referred to in the preceding paragraph, the victim is injured or killed, the perpetrator shall be punished by imprisonment for 15 to 20 years.
Article 1577 (Notion of marriage)
Marriage is the contract concluded between two people of different sex who they tend to legitimately constitute the family through a communion full of life.
The provision should be maintained by deleting only the word legitimately, due to the change introduced by Law No. 3/76 of 4 May, Official Bulletin No. 18
Article 1596 (Civil capacity)
Catholic marriage can only be celebrated by those who have the matrimonial capacity required by civil law.
Article 1597 (Preliminary procedure)
Article 1601 (Absolute direct impediments)
These are direct impediments, preventing the marriage of the person to whom they respect with any other:
a) The age of less than sixteen or fourteen years, depending on the individual of the male or female;
b) Notorious dementia, even during lucid breaks, and the ban or disability due to psychic anomaly;
c) The previous undissolved marriage, Catholic or civil, even if the respective seat has not been drawn up in the marital status register.
a) By the principle of equality between men and women provided for in the CRGB, in conjunction with what is foreseen in articles 1 and 2 of Law no. 5/76, of 4 May, it should be considered that this paragraph limits the age nuptials at sixteen for both sexes.
B) (…)
c) Pursuant to Law No. 1/73, and the secular principle of the State enshrined in the CRGB, this subparagraph reads as follows: “the previous marriage has not been dissolved, even if the respective seat has not been drawn up in the marital status register.
Article 1612 (Opposition by parents or guardian)
Article 1617 (Actuality of the mutual consensus)
The will of the spouses is only relevant when it is manifested in the act of wedding celebration.
Article 1618 (Acceptance of the effects of marriage)
Article 1619 (Personal character of the mutual consensus)
The will to marry is strictly personal in relation to each of the spouses.
Article 1624 (Causes justifying non-approval)
1. The marriage cannot be approved:
a) If the requirements required by law are not met, or if they have not been complied with the formalities prescribed for the celebration of urgent marriage and for the realization of the respective provisional registration;
b) If there are serious indications that these requirements are assumed or false, or formalities;
c) If there is any impediment, direct;
d) If the marriage has been considered as Catholic by the ecclesiastical authorities astics and, as such, to be transcribed.
2. If the marriage is not approved, the provisional seat will be canceled.
3. From the order that refuses approval, the spouses or their heirs can, as well as the Public Prosecutor’s Office, to appeal to the court in order to be declared marriage validity.
Article 1631 (Causes of annulment)
Marriage is voidable:
a) Contracted with any direct impediment;
b) Celebrated, on the part of one or both of the spouses, with a lack of will or with the will vitiated by error or coercion;
c) celebrated without the presence of witnesses required by law.
Article 1633 (Validation of marriage)
1. Annulment is considered to have been resolved and the marriage is valid from the moment of celebration, if before the final decision is rendered unappealable any of the following facts:
a) The marriage of a non-nubile minor is confirmed by the latter, before the official civil registry and two witnesses, after reaching the age of majority or being emancipated;
b) Confirm the marriage of the banned or disabled due to psychic anomaly by him, under the terms of the preceding paragraph, after lifting the interdiction or disability or, in the case of notorious dementia, after having the insane person check judicially their state of sanity;
c) The first wedding of the bigamus be declared null or annulled;
d) It is the absence of witnesses due to circumstances that are amenable, such as recognized by the Minister of Justice, as long as there are no doubts about the celebration of the act.
2. Article 287 (2) does not apply to marriage
Article 1634 (Presumption of will)
The declaration of will, in the act of celebration, constitutes a presumption not only that the spouses wanted to contract marriage, but that their will is not vitiated by mistake or coercion.
Article 1635 (Nullability due to unwillingness)
Marriage is voidable due to unwillingness:
a) When the spouse, at the time of the celebration, was not aware of the act who practiced, due to accidental incapacity or another cause;
b) When the spouse was in error about the physical identity of the other contractor;
c) When the declaration of will has been extorted by physical coercion;
d) When it has been simulated
Article 1638 (Moral coercion)
Article 1640 (Annulment based on unwillingness)
Article 1641 (Annulment founded on vices of the will)
The action for annulment based on vices of the will can only be brought by the spouse who has been the victim of error or coercion; but their actions can continue relatives, legitimate kin in the straight line, heirs or adopters, if the author dies in the pending the cause.
Article 1642 (Annulment based on lack of witnesses)
The action for annulment for lack of witnesses can only be brought by the Ministry Public
Article 1644 (Annulment based on unwillingness)
The action for annulment due to the unwillingness of one or both spouses can only be established within the three years following the celebration of the marriage or, if the marriage was ignored by the applicant, within the six months following the date on which he knowledge.
Article 1645 (Annulment founded on vices of the will)
The action for annulment based on defects in the will lapsed, if not instituted within the six months following the cessation of the addiction
Article 1649 (Marriage of minors)