THE KINGDOM OF LESOTHO COMBINED SECOND TO EIGHTH PERIODIC REPORT UNDER THE AFRICAN
CHARTER ON HUMAN AND PEOPLES’ RIGHTS AND INITIAL REPORT UNDER THE PROTOCOL TO THE
AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
ARTICLE 14: HEALTH AND REPRODUCTIVE RIGHTS
Health and reproductive rights
Access to health services - article 14 (2)(a)
Constitutional measures
433. The Constitution of Lesotho recognises the right to health as a directive principle of state
policy under Chapter III of the Constitution. Section 27(1) (e) of the Constitution
provides that the Government shall adopt policies aimed at ensuring the highest attainable
standard of physical and mental health for its citizens, including policies designed to
improve public health.
434. The provision of heath care services is premised on the principle of non-discrimination as
safeguarded by section 18 of the Constitution. The section prohibits differential
treatment on the basis on the sex.
Legislative measures
435. Section 4 of the Environment Act 2008 guarantees the right to a healthy and clean
environment. It proscribes any conduct that causes harm to human health. The section
provides a remedy to anybody whose health is endangered by such conduct.
436. Section 232(1) and (2) of the Children’s Protection and Welfare Act 2011 gives a child
the right to consent to medical treatment if the child is 12 years of age or of sufficient
maturity and mental capacity to understand the implications of the treatment or operation.
Section 234 guarantees access to medical and health services. It states that a child
should be provided with emergency health and medical assistance, including reproductive
health information in cases where a child has been abused and exploited.
Administrative measures
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