DƆNÙESÈ Data Center / Women’s Rights Laws by Country / Equatorial Guinea
Central Africa · Country law profile
Equatorial Guinea: women’s rights and civic space laws
Equatorial Guinea is a party to CEDAW, its Optional Protocol and the Maputo Protocol (ratified 2009), and its 2011 nationality law removed gender discrimination so that children acquire nationality from either parent. Women hold 31% of seats in the Chamber of Deputies elected in November 2022. SOAWR notes that only about a quarter of gender-related SDG indicators were available in 2020, which limits monitoring of women’s rights. The country abolished the death penalty in 2022.
At a glance
| Capital | Malabo |
|---|---|
| Legal system | Civil law system based on the Spanish model, with customary law applied in family matters |
| Official languages | Spanish, French and Portuguese |
Key indicators
31.0% (31 of 100)Women in Chamber of Deputies (2026)
24.6% (17 of 69)Women in Senate (2022)
29.5%Women aged 20 to 24 married before 18 (UN Women, cited by SOAWR)
50.0World Bank Women, Business and the Law 2024, legal frameworks (2024)
Regional and international treaties
| Treaty | Status | Reservations or notes |
|---|---|---|
| Maputo Protocol | Signed 30/01/2005; ratified 27/10/2009; deposited 29/06/2011 | |
| CEDAW | Acceded 23 October 1984 | None recorded |
| CEDAW Optional Protocol | Acceded 16 October 2009 | |
| African Charter on the Rights and Welfare of the Child | Ratified 20/12/2002; deposited 19/02/2003 | None listed |
| ICCPR | Acceded 25 September 1987 | |
| Kampala Convention | Signed 23/10/2009; ratified 26/06/2019; deposited 29/10/2019 | |
| AU Convention on Cyber Security and Personal Data Protection (Malabo) | Not signed and not ratified (AU list dated 02/02/2026) |
National laws
Nationality
Law No. 3/2011 regulating Equatorial Guinean nationality
Removed gender discrimination in the 1990 law, so that children acquire nationality from either parent.
Gaps: Dual nationality is prohibited except under bilateral treaties, and the naturalisation residence requirement is 40 years except for marriage.
Source: citizenshiprightsafrica.org
Gender-based and domestic violence
Ley núm. 4/2022, Código Penal, artículos 466 y 467
The first national Penal Code, which replaced the colonial Spanish code, punishes domestic violence and allows restraining orders and fines.
Gaps: There is no comprehensive gender-based violence law and civil society reports that these articles are rarely enforced.
Source: documents.un.org
Sexual harassment
Ley núm. 4/2022, Código Penal, artículos 506 y 507
Criminalises sexual harassment.
Source: wbl.worldbank.org
Child marriage and age of marriage
Código Civil (Spanish Civil Code of 1889, still applied)
No minimum age of marriage is set in legislation in force, and the Civil Code allows marriage to emancipate a minor.
Gaps: A Family Code bill setting the age at 18 was pending in the Senate, but it allows exceptions where the girl is pregnant or has a child.
Source: ohchr.org
Child marriage and age of marriage
Decreto nº 147/2023, de 21 de noviembre de 2023 (medidas para la protección de menores)
Sets administrative and protective measures for children, which the government presents as a tool against early marriage.
Source: ohchr.org
Family and personal status
Código Civil (Spanish Civil Code of 1889), artículos 45, 57, 58 y 67
Governs marriage and divorce for civil marriages.
Gaps: It requires a married woman to obey her husband and restricts her choice of residence. It also restricts her right to divorce and her right to remarry. A comprehensive Family Code has not been adopted.
Source: wbl.worldbank.org
Inheritance and succession
Código Civil, artículos 807, 808, 838, 840, 931, 932, 939 y 952
Gives sons and daughters equal inheritance rights and gives surviving wives and husbands equal rights to inherit.
Source: wbl.worldbank.org
Land and property
Código Civil, artículos 59, 1315, 1392, 1396, 1401 y 1412
Recognises non-monetary contributions to the household in the division of marital property.
Gaps: The husband holds administrative power over marital property, which restricts married women’s control of assets.
Source: wbl.worldbank.org
Abortion and sexual and reproductive health
Ley de Salud Sexual y Técnicas de Reproducción Humana Asistida (2020)
Permits abortion up to 12 weeks in cases of rape or incest. The same limit applies where there is a risk to the woman. Abortion is permitted up to 22 weeks for serious foetal anomaly.
Gaps: Civil society reports a conflict with the 2022 Penal Code, which punishes abortion with one to three years’ imprisonment.
Source: documents.un.org
Abortion and sexual and reproductive health
Ley núm. 4/2022, Código Penal, artículo 449 y siguientes
Criminalises abortion outside the cases allowed by law.
Gaps: Civil society has recommended harmonising these articles with the 2020 sexual health law.
Source: documents.un.org
Girls’ education
Resolución Ministerial de 18 de julio de 2017 (Ministerio de Educación)
Ministerial resolution that bars pregnant girls from enrolling in or attending school.
Gaps: It excludes pregnant girls from education and civil society has called for its repeal.
Source: documents.un.org
Girls’ education
Ley General de Educación, artículos 7, 14, 93 y 162
General education law that includes provisions on early childhood centres.
Source: wbl.worldbank.org
Labour and maternity
Ley General del Trabajo Núm. 4/2021
Prohibits gender discrimination in employment, requires equal pay for equal work, provides maternity and paternity leave and bans dismissal of pregnant workers.
Source: wbl.worldbank.org
Social protection
Decreto No. 100/1990 (seguridad social)
Social security decree under which the state funds maternity benefits and men and women have an equal retirement age.
Source: wbl.worldbank.org
Trafficking
Ley núm. 1/2004 (trafficking in persons and smuggling of migrants)
Criminalises trafficking in persons and smuggling of migrants.
Gaps: Civil society reports minimal prosecutions and widespread confiscation of migrant workers’ passports.
Source: documents.un.org
Human rights defenders
Ley núm. 1/1999 (regulation of non-governmental organisations)
Regulates the registration and operation of NGOs.
Gaps: It restricts foreign funding and makes registration opaque, and civil society has called for its amendment.
Source: documents.un.org
Civic space
| CIVICUS Monitor rating | Closed (score 15, CIVICUS Monitor 2025 findings) |
|---|---|
| Notes | In May 2026 UN experts urged the government to halt returns of people at risk. |
Recent developments
- 13 May 2026. UN Special Procedures experts urged Equatorial Guinea to uphold its international obligations and halt returns of people at risk.
- 6 November 2024. OHCHR announced the upcoming Universal Periodic Review of Equatorial Guinea.
- September 2022. Equatorial Guinea abolished the death penalty, welcomed by the UN High Commissioner for Human Rights.
Reforms recommended
Reforms recommended by the African Commission, UN treaty bodies or national organisations, as reported in the sources below.
- Sign and ratify the AU Malabo Convention and adopt protections against online violence against women.
- Close gender data gaps; only 23.8% of gender-related SDG indicators were available in 2020.
- Strengthen birth registration so that the gender-equal 2011 nationality law works in practice.
Being verified. RFLD is checking the laws on the following topics against official texts and will add them to this page: rape and sexual offences, female genital mutilation, harmful practices, political participation and quotas, access to justice and legal aid, online violence and cybercrime, data protection, older persons, women and girls with disabilities, same-sex relations. Corrections and documents are welcome at programs@rflgd.org.
African Union treaties
Status of 29 African Union treaties as recorded in the official AU status lists published by the African Union Commission. The date of each list is shown: a ratification deposited after that date may not appear yet. 6 of the 13 human rights and governance treaties below are ratified.
| AU treaty | Status | AU list dated |
|---|---|---|
| Maputo Protocol (rights of women) | Ratified 27/10/2009 | 19/09/2023 |
| African Charter on Human and Peoples’ Rights | Ratified 07/04/1986 | 15/06/2017 |
| African Charter on the Rights and Welfare of the Child | Ratified 20/12/2002 | 14/02/2023 |
| Protocol establishing the African Court on Human and Peoples’ Rights | Signed 1998, not ratified | 14/02/2023 |
| African Charter on Democracy, Elections and Governance | Ratified 11/07/2017 | 08/07/2024 |
| AU Convention on Ending Violence against Women and Girls | Signed 2026, not ratified | 22/05/2026 |
| Protocol on the Rights of Persons with Disabilities | Not signed | 22/05/2026 |
| Protocol on the Rights of Older Persons | Not signed | 22/05/2026 |
| Protocol on Social Protection and Social Security | Not signed | 22/05/2026 |
| African Youth Charter | Signed 2009, not ratified | 19/09/2023 |
| OAU Refugee Convention | Ratified 08/09/1980 | 16/05/2019 |
| AU Convention on Preventing and Combating Corruption | Ratified 26/06/2019 | 14/02/2023 |
| AU Convention on Cyber Security and Personal Data Protection (Malabo) | Not signed | 02/02/2026 |
Other AU treaties (16)
Sources (17)
- data.ipu.org · women ranking
- soawr.org · equatorial guinea
- wbl.worldbank.org · WBL2024 Economy Scores
- au.int · 37077 sl PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEO…
- un.org · CEDAW Ratification Table IV 8.en
- treaties.un.org · iv 8 b.en
- au.int · 36804 sl AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE…
- treaties.un.org · IV 4.en
- au.int · 36846 sl AFRICAN UNION CONVENTION FOR THE PROTECTION AND …
- au.int · 29560 sl AFRICAN UNION CONVENTION ON CYBER SECURITY AND P…
- citizenshiprightsafrica.org · equatorial guinea
- monitor.civicus.org · africa
- ohchr.org · equatorial guinea
- un.org · reservations country
- documents.un.org · UPR stakeholder summary 2024 (A/HRC/WG.6/47)
- wbl.worldbank.org · Women, Business and the Law 2024: Equatorial Guinea
- ohchr.org · Equatorial Guinea submission on child, early and forced marriage
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Information verified as of October 2026. This page is for information and advocacy and is not legal advice. Laws change: check the official text before relying on it. Part of the DƆNÙESÈ Data Center of the Women Leaders Network for Development (RFLD). See also the Maputo Protocol Hub and the Maputo Barometer.