Constitution of Lesotho

Section 18(1) of the Constitution makes any law with discriminatory provisions or effect presumptively invalid. Discriminatory is defined as “affording different treatment to different persons attributable wholly or mainly” to their respective descriptions by race, colour, sex, language, and so on. However, Section 18(1) is limited in its scope by the exceptions enumerated in Section 18(4). Section 18(4)(a) exempts any analysis of discrimination for laws pertaining solely to non-citizens of Lesothol; Section 18(4)(b) allows for discriminatory laws related to “adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description”; and Section 18(4)(c) identifies customary law as exempt from evaluation according to Section 18(1). Section 26(1) calls for Lesotho to adopt “policies aimed at promoting a society based on equality and justice for all its citizens regardless of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” Section 30 of the Constitution provides for just and favorable conditions of work for women and calls for the creation of particular policies toward the completion of this end, including fair and equal pay, safe working conditions, equal promotion opportunities, and pregnancy and childbirth protections.



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