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
453. Section 45 (2) of the 2010 Penal Code authorizes medical abortion in cases of sexual
assault, rape, incest, and where the continued pregnancy endangers the mental and
physical health of the mother or the life of the mother or the foetus.
Administrative measures
454. National Reproductive Health Policy 2009: The policy addresses reproductive health
issues such as safe motherhood (including post abortion care).
Challenges
455. Due to the restrictive nature of abortion in the Penal Code Act, adolescent girls and
women who fall pregnant in most cases resort to procuring abortions which are not
performed by qualified medical personnel and thereby using extremely dangerous
methods to terminate unwanted pregnancies. 72 Some of them drink methylated sprit,
medicinal herbs and others corrosive preparations, whilst others use sharp instruments
which sometimes result in perforation of the uterus, severe bleeding, infections and
psychological trauma that may lead to sterility, severe bleeding and in worst cases
death.73
HIV/AIDS (Article 14(1)(d)
456. As illustrated in Part A of this report, HIV/ AIDS is a burden to the health sector and is one
of the factors that have contributed to the slow economic growth and social progress in
Lesotho. AIDS has become the leading cause of morbidity and mortality in Lesotho.
Twenty-five per cent of adults aged 15-49 years old in Lesotho are infected with HIV, and
is one of the highest prevalence rates in the world (Table 8). The prevalence of HIV is
significantly higher among women (29.7%) than men (18.6%), with women aged 35-39
72
73
United Nations Population Fund Lesotho National Reproductive Health Survey Analytical Report’ 2003 (1) 71.
United Nations Population Fund Lesotho National Reproductive Health Survey Analytical Report’ 2003 (1).
157
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