P a g e | 23 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.

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