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Women. Lesotho also has an active CSO called Master of Healing Foundation which
works to advocate for the rights of gay and lesbians of all ages.
There are a number of financial assistance programs such a conditional cash grants
and the bursaries scheme which provide material help to orphaned and vulnerable
children in order to allow them equivalent access to school. Members of DCPT’s actively
seek to identify vulnerable children to ensure they have equal access to education,
health and social services.
Progress
Positive discrimination of women has benefited enrollment of girls in schools as well as
employment of women, particularly in government. Land and property rights for women
have also been improved.
Difficulties
Although rights are protected at a legislative level, there is still significant discrimination
which is not prosecuted in communities. This is partially because discrimination is not
justiciable. That is, there is no offence created by the CPW Act for discrimination and
therefore no related penalties exist.
Endemic social attitudes towards minorities such as people with physical and
intellectual disabilities, sexual orientation, and HIV and Aids means discrimination
continues. Without proper enforcement of the legislative provisions, societal views will
remain unchanged. For instance, culturally a girl child does not inherit property,
regardless of the Legal Capacity of Married Persons Act (2006). People living in rural
communities especially, dismiss the legislation as a tool to stamp out their culture.
Gender discrimination still exists in the Chieftainship Act (1968). Women cannot legally
take Chieftainship in their own right. Only if a woman's husband (who is Chief) dies, can
a female become Chief. She must be over the age of 18 years. Notwithstanding the
CPW Act girls who are pregnant are excluded from school enrollment in faith based
schools and are not allowed back even when they have given birth to their baby. This
stems from community attitudes relating to the low worth of young mothers.
4.2
Best Interests of the Child (Article 4)
Legislative
Through the Constitution of Lesotho's protection of children and young people in Article
32, best interests of the child are necessarily protected.