Lesotho
Grounds on which abortion is permitted:
To save the life of the woman Yes
To preserve physical health No
To preserve mental health No
Rape or incest No
Foetal impairment No
Economic or social reasons No
Available on request No
Additional requirements:
Information is not readily available.
Government view on fertility level: Too high
Government intervention concerning fertility level: To lower
Government policy on contraceptive use: Direct support provided
Percentage of currently married women using
modern contraception (aged 15-49a ,1991/92): 19b
Total fertility rate (1995-2000): 4.8
Age-specific fertility rate (per 1,000 women aged 15-19, 1995-2000): 85
Government has expressed particular concern about:
Morbidity and mortality resulting from induced abortion Yes
Complications of childbearing and childbirth Yes
Maternal mortality ratio (per 100,000 live births, 1990):
National 610
Southern Africa 260
Female life expectancy at birth (1995-2000): 57.3
a For all women of ages specified.
b Preliminary or provincial.
There is no statutory law in Lesotho governing the performance of abortions. Instead, abortion is a matter of common law, which was patterned after Roman-Dutch common law. Under this law, which was also in effect in South Africa prior to the enactment of its Abortion and Sterilization Act (Act No. 2 of 1975), abortion is prohibited except in cases of necessity. There is some disagreement, however, as to what constitutes a case of necessity. An abortion performed to save the life of the pregnant woman is a case of necessity. However, it is possible that a case of necessity need not be so serious and that an abortion could be performed in cases of serious threat to health. There is no case law on this issue in Lesotho.
The Regulation of Advertisements Proclamation of 1953 (No. 60, section 3) prohibits the advertisement of items that could be used to procure an abortion. However, the Proclamation excludes from criminal liability those persons publishing advertisements in technical journals circulated among medical practitioners, chemists, pharmacists and hospital managers. No details exist about the penalties for transgressing the law or about procedural requirements.
Although abortion figures are not readily available in Lesotho, a study conducted in 1981 by the Faculty of Law of the University of Lesotho indicates that abortion is a common phenomenon. The report documents the fact that Basotho women frequently request an abortion from medical personnel and that some women seek clandestine abortions in neighbouring South Africa. The study also provides criminal statistics from the Office of Commissioner of Police which suggest that self-induced and other illegal abortions are frequently reported to the police and that some cases have been subject to prosecution
The Government of Lesotho supports all efforts regarding family planning. A National Population Policy was adopted in 1994 and is currently being revised. Family planning services in Lesotho are primarily provided by the Ministry of Health, the Private Health Association of Lesotho and the Lesotho Planned Parenthood Association. Although the Government has indicated its desire to reduce the rate of population growth and has initiated some important programme activities, these activities have been hindered by a shortage of contraceptives, the unwillingness of church-funded programmes to provide methods of family planning other than natural methods, inadequate personnel and training, poor communication, and cultural factors limiting the adoption of a small family norm.
Source: The Population Policy Data Bank maintained by the Population Division of the Department for Economic and Social Affairs of the United Nations Secretariat. For additional sources, see list of references.
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