By: Lebohang Maluke
MASERU
-Negligence of children, also known as child neglect, is indeed considered a crime in Lesotho. It refers to the failure of a parent or caregiver to provide basic needs, such as food, shelter, clothing, supervision, education, and medical care, for a child.
Lesotho as a country recognizes an Act coined ‘Children’s protection and Welfare Act’ aimed to protect and promote children’s rights and welfare.
The Police Constable Moeketsi Phokojoe from CGPU Thaba-Tseka mentions that, Mrs. ‘Mathabo Shemane (34) is accused of “negligence” of her 3 children (4, 9, and 14) for days.
The discovery of hungry children by the police, shows that the neglect was severe enough to warrant intervention during investigations. The sight of hungry children raised alarm bells for the community policing forum, indicating that the children had been neglected for a substantial amount of time, potentially putting their health and well-being at risk.
The Children’s Protection Act mandates that decisions must prioritize the best interests of the child. However, a report from the NGO Coalition for the Rights of the Child, Save the Children UK, published in 2000, reveals that this principle is not enforceable in court and is often disregarded in practice.
The report highlights the absence of a definitive government policy or procedure to ascertain when it is appropriate to remove a child from their family environment, leading to decisions being made on an inconsistent, case-by-case basis.
The Department of Social Welfare (DSW) lacks the legal authority to assess whether a child requires care; this responsibility is instead assigned to the police and probation services, resulting in a lack of clarity regarding legal obligations.
Although courts are theoretically responsible for determining the best interests of the child in cases of parental separation, many such cases do not reach the judicial system, with decisions frequently made solely by the DSW.
Given that separations often arise from divorce, family breakdown, or conflict, children are inadequately represented in these circumstances, and there are no established channels for them to express their feelings and opinions.
Once children are placed in alternative care, the social welfare system is ill-equipped to provide necessary family support, and most children end up in the care of NGOs without a proper legal framework, review system, or complaint mechanism.
Placement decisions are primarily based on the availability of NGO services rather than the specific needs of the child. Furthermore, there are limited and insufficient review mechanisms for children in alternative care, regardless of whether their placement was court-ordered; the existing mechanisms are not accessible to the children themselves and are not effectively utilized.
Neglect has serious and long-lasting effects on a child’s physical, emotional, and psychological well-being, and is often considered a form of child abuse. The authorities are involved if there is evidence that a child is being neglected, and the perpetrators face criminal charges.
Shemane was found guilty and sentenced to four years imprisonment with an alternative to settle a bail of M5000.00, but the sentence was later reduced to one year, and she was given a chance to pay M2500.00, which she failed to pay. She was detained.
The Constitution of Lesotho identifies education as a guiding principle of state policy within Chapter 3, rather than as a legally enforceable right. Nevertheless, both the Child Protection and Welfare Act of 2011 and the Education Act of 2010 explicitly recognize the right of children with disabilities to receive an education.
Furthermore, Section 4(2) (b) of the Education Act mandates that duty bearers are responsible for ensuring the inclusion of children with disabilities in the educational framework.
The right to education is also safeguarded by Article 24 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which obligates state parties to provide free and compulsory primary education without excluding children with disabilities.
This inclusion must be supported by accessibility measures, reasonable accommodations, and effective individualized support to enhance both academic and social development. Lesotho ratified the CRPD in 2008 and implemented free universal primary education in 2001 to promote education for all.
The country has also established a National Disability Policy in 2011, an Education Sector Strategic Plan for 2005-2015, and a Special Education Unit, all aimed at fostering inclusive education for individuals with disabilities.
The legal ramifications of these statutes and policies indicate that the government of Lesotho is bound by both international and domestic law to ensure that children with disabilities are integrated into the general educational system and can learn alongside their able-bodied peers.
Despite these provisions, there remains a significant disparity between the established legal framework and the actual implementation of inclusive education in Lesotho, as many children with disabilities still do not attend primary school.
Indeed police authorities state that having too many children is a crime, it would likely cause an uproar of controversy and debate. Such a stance could potentially violate individual rights and freedoms, while also raising questions about the legal and ethical basis for such a policy.
Additionally, it could create a situation in which certain groups or demographics, such as those from low-income or minority backgrounds, might be unfairly targeted or penalized for their reproductive choices.
Overall, this is a highly complex and contentious topic that requires careful analysis and sensitivity to the many factors that contribute to family size and population dynamics.