Constitution

Lesotho 1993 Constitution (reviewed 2018)

Table of Contents

CHAPTER III. PRINCIPLES OF STATE POLICY

25. Application of the principles of State policy

The principles contained in this Chapter shall form part of the public policy of Lesotho. These principles shall not be enforceable by any court but, subject to the limits of the economic capacity and development of Lesotho, shall guide the authorities and agencies of Lesotho, and other public authorities, in the performance of their functions with a view to achieving progressively, by legislation or otherwise, the full realisation of these principles.

26. Equality and justice

  1. Lesotho shall 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.
  2. In particular, the State shall take appropriate measures in order to promote equality of opportunity for the disadvantaged groups in the society to enable them to participate fully in all spheres of public life.

27. Protection of health

  1. Lesotho shall adopt policies aimed at ensuring the highest attainable standard of physical and mental health for its citizens, including policies designed to–
    1. provide for the reduction of stillbirth rate and of infant mortality and for the healthy development of the child;
    2. improve environmental and industrial hygiene;
    3. provide for the prevention, treatment and control of epidemic, endemic, occupational and other diseases;
    4. create conditions which would assure to all, medical service and medical attention in the event of sickness; and
    5. improve public health.

28. Provision for education

Lesotho shall endeavour to make education available to all and shall adopt policies aimed at securing that–

  1. education is directed to the full development of the human personality and sense of dignity and strengthening the respect for human rights and fundamental freedoms;
  2. primary education is compulsory and available to all;
  3. secondary education, including technical and vocational education, is made generally available and accessible to all by every appropriate means, and in particular, by the progressive introduction of free education;
  4. higher education is made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular, by the progressive introduction of free education; and
  5. fundamental education is encouraged or intensified as far as possible for those persons who have not received or completed their primary education.

29. Opportunity to work

  1. Lesotho shall endeavour to ensure that every person has the opportunity to gain his living by work which he freely chooses or accepts.
  2. Lesotho shall adopt policies aimed at–
    1. achieving and maintaining as high and stable a level of employment as possible;
    2. providing technical and vocational guidance and training programmes; and
    3. achieving steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.

30. Just and favourable conditions of work

Lesotho shall adopt policies aimed at securing just and favourable conditions of work and in particular policies directed to achieving–

  1. remuneration which provides all workers, as a minimum with–
    1. fair wages and equal remuneration for work of equal value without distinction of any kind, and in particular, women being guaranteed conditions of work, including pension or retirement benefits, not inferior to those enjoyed by men, with equal pay for equal work; and
    2. a decent living for themselves and their families;
  2. safe and healthy working conditions;
  3. equal opportunity for men and women to be promoted in their employment to an appropriate higher level, subject to no considerations other than those of seniority and competence;
  4. the protection of women who are in employment during a reasonable period before and after childbirth; and
  5. rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays.

31. Protection of workers’ rights and interests

Lesotho shall take appropriate steps in order to encourage the formation of independent trade unions to protect workers’ rights and interests and to promote sound labour relations and fair employment practices.

31A. Protection of victims of crime

Lesotho shall adopt policies designed to make provision for victims of crime support services including mechanisms to ensure compensation for victims of crime, and assist vulnerable groups of victims.

32. Protection of children and young persons

Lesotho shall adopt policies designed to provide that–

  1. protection and assistance is given to all children and young persons without any discrimination for reasons of parentage or other conditions;
  2. children and young persons are protected from economic and social exploitation;
  3. 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; and
  4. there are age limits below which the paid employment of children and young persons is prohibited and punishable by law.

33. Rehabilitation, training and social resettlement of disabled persons

With a view to ensuring the rehabilitation, training and social resettlement of disabled persons, Lesotho shall adopt policies designed to–

  1. provide for training facilities, including specialised institutions, public or private; and
  2. place disabled persons in employment and encourage employers to admit disabled persons to employment.

34. Economic opportunities

Lesotho shall adopt policies which encourage its citizens to acquire property including land, houses, tools and equipment; and shall take such other economic measures as the State shall consider affordable.

35. Participation in cultural activities

  1. Lesotho shall endeavour to ensure that every citizen has an opportunity to freely participate in the cultural life of the community and to share in the benefits of scientific advancement and its application.
  2. Lesotho shall adopt policies designed to protect the interests of any citizen in any scientific, literary or artistic production of which he is the author.

36. Protection of the Environment

Lesotho shall adopt policies designed to protect and enhance the natural and cultural environment of Lesotho for the benefit of both present and future generations and shall endeavour to assure to all citizens a sound and safe environment adequate for their health and well-being.