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4.3
Right to life, survival and development (Article 5)
Legislative
Article 5 of the Constitution of Lesotho protects a person’s inherent right to life. The
exception to this is provided in Article 5(2) for the execution of a sentence of death
imposed as a penalty for a criminal offence. At Article 32 the Constitution protects
against the employment of children in work which is likely to hamper their development.
Under section 161 of the CPW Act no child may be sentenced to death. That is, no
person who is under the age of eighteen (18) years at the time of committing the
offence may be given the death penalty upon conviction.
Section 10 of the CPW Act provides for a child's right to live with parents and to grow up
in a caring and peaceful environment. The CPW Act further provides for a child's right to
education and health at section 11. Section 20(2) of the Act obliges parents and
guardians to provide children with good guidance, care, assistance and maintenance.
Section 22 confers corresponding obligations on the GoL to form policies and programs
that will ensure a child's survival and development.
The Free Primary Education Act (2001) and the Education Act (2010) also provides for
a child's right to development.
Administration
Lesotho is a subscriber to the UNDP Millennium Development Goals (MDG’s) which
provide a good tool for assessment of child development. Achievement of these goals
assists the development of policy which enhances child development.
The MOH has a number of policy documents which are aimed at child survival and
development. The Road Map for the Reduction of Maternal and Child Mortality has
renewed a commitment to lower very high rates of maternal, infant and child mortality.
The Reproductive Health Policy 2011 prohibits termination of pregnancy except on
medical grounds. A proposed amendment to the Penal Code to allow for termination of
pregnancy on grounds of a suspected disabled fetus was voted down in 2012. The
Expanded Program on Immunization ensures every child has doses of vaccines such as
polio, Measles Mumps Rubela, BCG, and the Cervical Cancer vaccine – HPV at the
appropriate times. The Prevention of Mother to Child (PMTC) guidelines 2013 guides
health practitioners in pre and post-natal care of mothers with HIV and AIDS. The HIV
Policy 2013 and Policy for Adolescents Right of Access to Health Services are self
explanatory, comprehensive documents on their named topics. Management of
Survivors of Sexual Abuse Guidelines 2006 is a document which provides referral
mechanisms for the treatment of patients mental and physical health following sexual
abuse.