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There is further limited guiding literature for parents on how to exercise this
responsibility which leaves many parents practicing cultural norms and techniques
which are not always in the child's best interest.
While the GoL and its partner donors provide some assistance to families with
vulnerable children, even extensive financial resources will only begin to meet the dire
need in Lesotho.
6.2
Separation from parents (Article 19.2 and 3; Article 25)
Legislative
As previously noted, under section 11 of the CPW Act children have a right to live with
parents, except where it is not in their best interests to do so. Section 22 requires the
GoL to make policies which support children whose parents are not capable of
exercising proper parental responsibility.
A large proportion of children deprived of their parents are orphaned or vulnerable
children – usually as a result of poverty and / or domestic violence in the family home.
As previously noted parents may neglect or abandon children to find work in RSA. The
MoSD has the power to remove children from parental care or guardianship, who they
deem to be in need of care and protection.
In the event that a child needs to be removed from the care of their parents Section 23
defines a child in need of care and protection. The Act envisages separating children
from their parents only where it is the best interests of the child. Where a child is
removed they are to be presented before a Magistrates Court within 48 hours. This
affords parents an opportunity to challenge the removal.
Where children are separated from their parents they have a right to contact with family
wherever possible, regardless of the outcome of a court hearing awarding custody. This
includes seeing family during holidays and making home visits wherever possible.
Contact is encouraged except where it is deemed not in the child’s best interest. Section
201 of the CPW Act says a non-custodial parent is to have access to a child and section
204 provides for a surviving parent to have custody. Guardianship continues until a child
turns 18 under section 208.
Alternative forms of care include fostering and local and international adoption. This is
dealt with under Part XIII of the CPW Act. Greater detail will be spent on these
provisions later in this report.
Children may also be separated from their families as a result of being in conflict with
the law, which is covered by Part XI of the CPW Act. Again, this is discussed in greater
detail later in this report at section 9.3 Administration of Juvenile Justice.