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5.5
Protection against child abuse and torture (Article 16)
Legislative
The Constitution of Lesotho at Article 8 provides for freedom from inhumane treatment
and degrading punishment.
The CPW Act in section 16 protects a child's from abuse, torture and degrading
treatment. This prevents all types of corporal punishment. Section 20 obliges parents to
protect children from neglect, violence, abuse, exploitation and moral hazards. Under
section 22 the GoL has a corresponding duty to protect children from the same as well
as the rehabilitation of victims of such crimes. Section 23 defines a child in need of care
and protection and outlines what steps should be taken to care for them thereafter.
Section 17 prevents harmful cultural practices being inflicted upon children.
Under Part XI of the CPW Act police powers are restricted to minimal force necessary to
make arrest, with due regard to the dignity of the child and only as a last resort. Section
161 makes corporal punishment and the death penalty illegal.
The Education Act (2010) and the MOET's School Regulations abolish corporal
punishment in schools.
Administrative
Lesotho ratified the Committee Against Torture in 2001. The establishment of the Child
Helpline, CGPU and Children's Courts all aid in the processing of allegations of abuse
and torture.
Guidelines for Psycho-social Support were established by UNICEF & REPSSI. Nongovernmental actors such as Sentebale, Catholic Relief Services, Red Cross Lesotho,
LCCU and Touch Roots Africa provide some psycho-social support for abuse victims.
Difficulties
Residential care facilities are generally used as the place of safety that an abuse victim
would be removed to. They are privately run and are not in every District.
Abuse is not often reported, particularly where a family member is the perpetrator.
Where complaints are made of this nature, referral mechanisms are often unclear. At
times allegations of a grave nature are dealt with at village level by the Chief, without
ever making it to a subordinate court.