P a g e | 18 3.0 DEFINITION OF CHILD 3.1 Definition of Child in the country’s laws and regulations The African Charter on the Rights and Welfare of the Child in article 2 defines a child as “any human being below the age of 18 years”. Lesotho too uses age as the benchmark. As previously mentioned, much of the legislation in Lesotho has been reviewed to ensure compliance with international treaties and conventions. There is also much still to be reviewed, primarily legislation whose content does not directly relate to children. This is polarised by the varying ages which define a child in the different sectors. Child Protection Definition The CPW Act fully adopts the charter definition when it enunciates that a child is any person under the age of eighteen (18). The Act when read together with the Labour Code (1992) requires that a child be of at least fifteen (15) years to be engaged in any formal employment under section 228(1). A child of at least thirteen (13) years may be employed in light work, defined as work that is not likely to harm a child's health and development and does not interfere with a child's schooling. Section 226 of the same Act prohibits the employment of any person under eighteen (18) years in any form if exploitative labour, which deprives the child of access to health, education or development. Section 227 says no person under eighteen (18) years shall be employed in night work or industrial work and section 230 prohibits children under eighteen (18) from employment in hazardous work. This can include mining, carrying heavy loads, manufacturing where chemicals are used and commercial sex work, per section 230(3). Marriage Definition The marriage age in Lesotho is age eighteen (18) years but culturally children marry much younger in rural areas, sometimes as young as commencement of puberty. The Identity Cards Act (2011) says a child will not be given a national identity card until age sixteen (16) years. Penal Definition The penal age of a child in Lesotho varies according to which Act they are being prosecuted under. The CPW Act in section 79(1) espouses that a child under age of ten (10) years cannot be prosecuted. It goes on to say in section 79(2) that a child between ten (10) and fourteen (14) years will be presumed to lack the capacity to know right from wrong and can therefore not be criminally prosecuted. It is for the prosecution to rebut this presumption. A child over the age of fourteen (14) years, the CPW Act deems can be prosecuted. Children under the age of fourteen (14) years cannot be detained in a detention centre according to section 156(1) of the CPW Act. The Penal Code (2010) says that a child under seven (7) years is not criminally responsible and a child above seven (7) years and below fourteen (14) years is not