Juvenile Laws at Lesotho
Lesotho has undertaken significant reforms in its juvenile justice system to enhance the protection and rights of children involved in legal proceedings.
Child-Friendly Courts: In January 2025, Lesotho inaugurated five renovated child-friendly courts in Maseru, Leribe, Berea, Mohale’s Hoek, and Thaba-Tseka. These courts feature dedicated waiting areas, play therapy tools, video conferencing systems, and child-appropriate furniture, aiming to create a supportive environment for children and their families navigating the justice system.
Legislative Framework: The Children's Protection and Welfare Act No. 7 of 2011 provides the legal foundation for juvenile justice in Lesotho. This Act outlines procedures for handling children in conflict with the law, emphasizing diversion from formal judicial proceedings when appropriate, and promoting restorative justice practices. The Probation Unit, established under this Act, plays a crucial role in facilitating community-based justice initiatives and supporting the courts with informed decisions.
Age of Criminal Responsibility: Lesotho's common law sets the minimum age of criminal responsibility at seven years, with a rebuttable presumption of criminal capacity between the ages of seven and fourteen. However, this low threshold has raised concerns among international bodies, prompting recommendations to align with global standards that suggest a higher minimum age.
Detention Practices: While institutionalization is considered a last resort, there have been reports of corporal punishment being used as a disciplinary measure in detention facilities. Such practices have been criticized for contradicting Lesotho's commitment to the Convention on the Rights of the Child, to which it is a signatory.
Recent Initiatives: The Citizen Voices Addressing Violence Against Children (CVAVAC) project, funded by the European Union and implemented by World Vision, has been instrumental in advocating for systemic improvements in the justice sector. Achievements include training community leaders on child protection laws, supporting legislative reforms like the Counter Domestic Violence Act (2022), and enhancing the capacity of justice sector authorities to handle child-related cases effectively.
These developments reflect Lesotho's ongoing efforts to reform its juvenile justice system, aiming to protect children's rights and provide justice in a manner sensitive to their unique needs.
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