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
forced to conform to the societal construct and undergo such practices and where they
have not, they are ostracised by their communities and labelled as defiant and
insubordinate. Just like FGM, these practises are not documented and therefore their
prevalence is not known. There are also no laws which prohibit such practices.
Early and Forced Child Marriages (EFCM)
348. According to the Marriage Act 1974, the minimum age of marriage is 21 years old.
However, the law allows girls to marry at 16 and boys at 18 with the written permission
from the Minister. The Children’s Protection and Welfare Act defines a child as anyone
under the age of 18 but does not say anything about child marriages.
349. Despite legal prohibition of early marriages, UNICEF estimates that in Lesotho every 1 in
5 girls gets married before reaching their 18th birthday. 66 UNICEFs Demographic and
Health Survey of 2014 shows that 17.7 percent of girls aged between 15-19 years were
married. EFCM does not only hinder achievement of MDGs, but it also infringes the girls’
right to choose their partners at an appropriate age. It also violates their right to health
(complications from pregnancy and childbirth are amongst leading causes of their death
and exposure to STIs) and education.67
Administrative measures
350. Measures which have been adopted to deal with harmful practices in Lesotho include
establishment of the Human Rights Commission whose legislative framework is in place
although the Commission has no yet been operationalized; CGPU (whose mandate is
discussed in Part A of this report), holding of public gatherings to dissemination
information on the wrongfulness of these practices and involvement of traditional leaders
in such campaigns. Since the Human Rights Commission is not yet operationalized, the
66
67
Girls Not Brides http://www.girlsnotbrides.org/about-child-marriage
Sunday Express “Escaping Child Marriage by a Whisker” January 31, 2017
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