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 200. Higher Education is not free in Lesotho. However, the government of Lesotho provides loan bursaries to students admitted in institutions of higher learning through the National Manpower Development Secretariat. 201. Section 31 (1) and (2) of the Higher Education Act 2004 provides that the admission policy in institutions of higher learning must not discriminate on account of race, gender, religion and political affiliation. 202. Although the government of Lesotho has put in place legislative and administrative measures to provide higher education in Lesotho, the following challenges still remain:  Very few learners meet the thresh hold for admission in institutions of higher learning.  For students who cannot be paid for my NMDS, fees are very expensive and prohibitive;  Higher education is still viewed as a terrain for the elite and therefore some learners, although qualifying, opt to work instead of enrolling in institutions of higher learning. ARTICLE 18: RIGHT TO PROTECTION OF FAMILY, WOMEN, CHILDREN AND THE DISABLED Constitutional measures 203. Section 11 of the Constitution of Lesotho recognises the right to respect of private and family life. It is a justiciable right as it is contained in chapter two which is a Bill of Rights. 204. Section 18 of the Constitution provides for the right to freedom from discrimination on the basis of basis of ‘race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status’. That is, women are protected from discrimination on the basis of their sex. Although disability is not included as a prohibited ground of discrimination, the Constitutional Court in the case of Fuma v Commander Lesotho Defence Force and Others, held that the term ‘other status’ in section 18 includes 84