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As previously noted, discrimination based on disability is not a justiciable right in
Lesotho. There is no action stemming from it and so no way to prosecute breaches of it.
Significant amounts of stigma continue to surround disabilities. This ranges from
superstitious beliefs that disabilities are contagious to a complete lack of understanding
that a physical disability does not impair a child's mental capabilities.
7.3
Health and Health Services (Article 14)
Legislative
Article 27 of the Constitution of Lesotho obliges the GoL to develop laws and policies for
the protection of health. It explicitly requires that policies ensure the reduction in still
births and the proper development of children. Access to healthcare is further required.
It also calls for the control and prevention of epidemics and diseases, as well as
improved public health.
The CPW Act at section 11 protects a child's right to health, regardless of religious or
other beliefs (section 11(2)). Section 11(6) provides children with the right to sexual and
reproductive health information and education. Part XXV of the CPW Act provides
protective measures relating to the health of children. Section 232 discusses a child's
right to consent to medical treatment where they are over the age of twelve (12) years.
Section 233 discusses HIV testing of a child and section 234 requires medical
assistance be provided to a child who is the victim of sexual abuse or exploitation.
Administrative
The 2010 National Guidelines for HIV and AIDS Care and Treatment are a revision of
the national ART Guidelines and are focused on HIV prevention, care, treatment, and
support. HIV testing is strongly recommended for children who experience violence. The
Guidelines go on to discuss Post-Exposure Prophylaxis (PEP). The policy for PEP
eligibility should be founded on the principle of equity. Decisions about whether or not to
offer PEP should be based purely on clinical considerations of risk and should not be
tied in any way to a person’s decision to file a police report or to pursue legal action.
Two of the GoL's overarching policies relating to child health are National Health Policy
2012 and Ministry of Health Strategic Plan 2012-2017. More specific policy documents
include: Integrated Management of Childhood Illnesses (IMCI), Under 5's program for
expanded vaccines to increase the population vaccinated, Integrated Management of
Childhood illnesses for management of pneumonia, diarrhea, measles, and HIV related
illnesses; Infant and Young Child Breastfeeding Policy which encourages exclusive
breastfeeding; and Adolescent Health Policy to include rights to reproductive health care
information. GoL further established the Pediatric Unit as a separate Ministry
directorate.