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Difficulties
There have been instances of criminal charges being defended on grounds of religion.
For instance, where an accused genuinely believed that they committed grievous bodily
harm to get good muti or luck. Further, children are not afforded an opportunity to
choose their religion but rather adopt it from their family.
5.3
Freedom of association and peaceful assembly (Article 8)
Legislative
The Constitution of Lesotho 1993 provides in article 16 for freedom of association and in
article 15 for freedom of peaceful assembly.
Under section 12 of the CPW Act children may participate in social and cultural activities
of their choosing except those which are not in their best interests.
Administrative
Children are encouraged to form clubs in schools to deal communally with the impact of
HIV and AIDS on those infected and affected by the illness. Children attend church
groups to discuss matters of spirituality as well as issued affecting them in adolescence.
5.4
Protection of privacy (Article 10)
Legislative
Article 10 of the Constitution prevents arbitrary search of or entry into private space.
Article 11 provides for respect of private family life and home. Exceptions are provided
for things such a public security, defense and public health.
The Data Protection Act (2012) enables and regulates the collection, processing and
handling of private data for public use. The Act recognizes the right to protection of
personal data. The Communications Act (2012) establishes a communications authority
to regulate the industry.
The CPW Act prohibits publication of details of a child appearing in court. It also
provides for a child's evidence to be given in camera. It further prevents anyone aside
from the adoptive parent from disclosing the adoption to the adoptive child.
The Penal Code provides that a child when released from detention will have no public
criminal record.
Labour Code Order (1992) provides protection of employees private information,
including that of children employed in the formal sector.