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
disability. Therefore people with disability are also protected from discrimination on the
basis of their disability.
205. Section 33 of the Constitution enjoins the government to put in place measures aimed
at protection and promotion of the rights of persons with disabilities as well as their
rehabilitation.
206. With regard to protection of children, section 32 of the Constitution provides that
children and young persons are protected from economic and social exploitation. It
provides that the employment of children and young persons in work harmful to their
morals or health or dangerous to life or likely to hamper their normal development is
punishable by law.
Legislative measures
207. As far as the family unit is concerned, the Marriage Act of 1974 provides for registration
and recognition of heterosexual marriages. No law in Lesotho recognises homosexual
unions as marriages. Therefore all laws protecting the family in Lesotho refer to a family
in the context of heterosexual couples. In terms of Sesotho customary law and culture, a
family also includes the extended family. In terms of the Legal Capacity of Married
Persons Act and the Children’s Protection and Welfare Act of 2011, the family also
includes adopted children.
208. Specific aspects of the types of marriage and their legal regimes are contained in Part B
of this report.
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