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
322. The other challenge is that the laws and policies are aimed at women as a group. The
government of Lesotho is aware that women are not a homogeneous group and that
certain groups of women such as rural women, women living with HIV, women with
disabilities and sexual minorities have specific challenges which affect their rights to
equality and non-discrimination. Hence efforts in the form of administrative measures are
being made to address these groups of women as indicated in detail in the next articles.
ARTICLE 3: THE RIGHT TO DIGNITY
Constitutional measures
323. The Right to dignity is a constitutional imperative entrenched under a number of
substantive rights. There are measures that have been taken with a view to preserving
the dignity of women besides the generality of the provisions relating to the dignity.
Sections 8 and 11 of the Constitution provide for the right to freedom from inhumane
treatment and right to respect for private and family life respectively.
Legislative measures
Sexual harassment
324. Section 200 of the Labour Code Order 1992 provides that ‘any person who offers
employment or who threatens dismissal or who threatens the imposition of any other
penalty against another person in the course of employment as a means of obtaining
sexual favours or who harasses workers sexually shall commit an unfair labour practice’.
325. Section 51(1) of the Penal Code Act 2010 criminalises indecent assault which is defined
as touching a person without such person’s consent in an indecent manner. A touch is,
according to the Act, deemed indecent if according to the standards of reasonable
members of the community, it demonstrates a sexual intention or motive.
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