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4.0
GENERAL PRINCIPLES
4.1
Measures taken to ensure non-discrimination (Articles 3 and 26)
Legislative
The Constitution enshrines the principle of non-discrimination in Articles 4(1)(n) and 18.
It espouses freedom from discrimination in all laws and their effect and refers
specifically to race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth and disabilities.
The CPW Act in section 6 prevents discrimination based specifically on race, religion,
language, age, cultural activity, colour, or sexual orientation. A more broad reading of
the Act also makes discrimination based on disability, child's name and being born out
of wedlock (section 19) an offence. Section 11(4) of the CPW Act says a child cannot be
denied education based on pregnancy, initiation or other cultural practices. Section 13
protects the rights of those children with disabilities and ensures they have equal access
to special care, medical treatment, rehabilitation, education and training.
The Legal Capacity of Married Persons Act (2006) provides women with legislative
rights to inheritance and equal powers as their husbands to contract, which previously
did not exist. This includes where the wife is still a child. The Education Act (1980)
provides for non-discrimination based on gender in all schools. The Labour Code (1992)
prohibits discrimination at work.
Administrative
Lesotho ratified the Optional UN Protocol on Elimination of All Forms of Discrimination
Against Women 2004 that same year. The MYGSR has been tasked specifically with
the protection of women's rights. This of course includes the girl child. The Education
Strategic Plan aims at gender equity in the education system, by way of equal
enrollment numbers between boys and girls, by 2015. Another of the Plan's objectives is
to have gender responsive curriculum and mainstream gender equity by forging
partnerships with stakeholders to better monitor the interventions.
The MOH’s National HIV/Aid's Policy 2007 protects children living with HIV/ Aid's from
discrimination. There are a range of measures employed by clinics to protect the privacy
of children receiving HIV treatment to ensure that they are not affected by societal
stigma.
Local Government elections employ positive discrimination by providing a quota of at
least 30% of seats reserved for women. The GoL promotes non-discrimination through
awareness building activities such as celebrating Disability Day annually. In 2013 GoL
also took part in a global event called Sixteen Days of Activism Against Abuse of