19. Measures taken by the government to make basic education free and
compulsory.
Section 18 of the Children’s Act, 2009 confers a right to free basic education to
every child. Any parent, relative or guardian, who denies a child the opportunity of
going to school, without any reasonable excuse, shall be guilty of an offence and
shall be sentenced to a fine of not less than Five Thousand Pula (BWP5000) but
not more than Ten Thousand Pula (BWP10 000).
Section 6 of The Education and Training Bill, 2014 goes even further and proposes
that the “Minister shall implement the right of every child to free and compulsory
basic education.
These are notable developments towards the introduction and implementation of
free and basic compulsory education.
20. The fact that minors are required to be accompanied by their parents for HIV
testing may discourage voluntary diagnosis of HIV/AIDS and may be contributing
to the spreading of this pandemic.
The Public Health Act provides that persons under the age of sixteen require
consent of their parents to be tested. The Act does not require the parent to be
physically present when the test is conducted. However, parents provide social
support to minors when they go for HIV/AIDS testing.
PART III
A.
AREAS WHERE BOTSWANA HAS MADE PROGRESS TOWARDS
THE REALISATION OF THE RIGHTS AND FREEDOMS
ENSHRINED IN THE AFRICAN CHARTER ON HUMAN AND
PEOPLES’ RIGHTS
EQUALITY BEFORE THE LAW AND EQUAL PROTECTION OF THE
LAW:
ARTICLE 1
The Government of Botswana continues to recognise the rights, duties and
freedoms enshrined in the African Charter and are cognisant of the corresponding
obligation on Government to continuously implement the Charter by adopting
legislative or other measures to give effect to the Charter. The Government
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