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African Charter on the Rights and Welfare of the Child. It was drafted on the pillars of
best interests of the child, non-discrimination, right to life survival and development and
child participation. This is a comprehensive legal instrument on children’s issues in
Lesotho for the enhancement of safety and well-being of children.
The CPW ACT covers: the care and protection of children in need; alternative forms of
care such as residential care facilities, fostering and adoption; the administration of
children’s inherited property; trafficking and abduction of children; children in contact
and conflict with the law and restorative justice measures; legal representation and
sentencing; trafficking of children; establishment of children’s courts; police powers and
duties in relation to children; parentage, custody & maintenance; and the employment of
children. The content and effect of the CPW ACT Act are discussed at length in this
report.
The Education Act (1995) was repealed by the Education Act (2010) & its Amendment
Act of the same year. This made primary education free and compulsory for children
ages 6 -13 years.
The Sexual Offences Act (2003) articulates the offence of sexual abuse of children and
imposes severe penalties for perpetrators. The Legal Capacity of Married Persons Act
2006 prevents forced marriage of minors and states the age at which a child has the
capacity to consent to marriage. The Drugs of Abuse Act (2008) criminalises the growth,
production and sale of drugs for adults and children.
2.2
Measures taken to integrate the rights and welfare of the child into
the legislation or other conventions
The following international instruments were ratified:
INSTRUMENT
The Hague Convention on Inter-country Adoptions 1993
Convention on the Rights of Persons with Disabilities 2006
Optional Protocol on Involvement of Children in Armed Conflict
Optional Protocol on Sale, Trafficking and Child Pornography
Protocol to African Charter on Human & People's Rights on the Rights of
Women in Africa 2003
Committee Against Torture (CAT)
ILO Convention 138 on Minimum Age of Employment, 1973
ILO Convention 182 on Worst forms of Child Labour 1999
UN Declaration on Social and Legal Principles Relating to the Protection of
Children
Subscriber to Millennium Development Goals
RATIFIED
2012
2008
2003
2003
2004
2001
2001
2001
1986