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9.7.3 Abuse and Torture (Article16)
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 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 to rehabilitate victims of such crimes. Section 23 defines a child in need of care and
protection and outlines what should happen to them. Section 17 prevents harmful
cultural practices being inflicted upon children.
Part XI of the CPW Act restricts police powers to the 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, 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
is removed to. They are privately run and are not in every District. Much more
awareness raising on what is appropriate chastisement is needed.
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 being heard in a subordinate court.