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Abortion in Lesotho
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Abortion in Lesotho
In Lesotho, abortion is illegal except when the pregnancy poses a risk to life or health, or in cases of rape or incest. Legal abortions must be provided by a "medical practitioner" and approved by another. People who provide or assist abortions may be punished. Unsafe abortions cause about one-fifth of maternal deaths in the country. Few hospitals provide abortion. Lesotho listed the grounds for legal abortion in its penal code in 2010, prior to which there was no written abortion law. In 2021, the Parliament of Lesotho and church leaders debated legalisation, with Member of Parliament Fako Moshoeshoe supporting it. The government has recommended that women seeking abortion travel to South Africa, where it is safe and legal. Clandestine abortions are available in Lesotho from foreign physicians. Women who are likely to have abortions are those who have an unmet need for contraception, are young, or get pregnant outside of marriage. Government guidelines provide for post-abortion care, but few facilities exist.
Section 45 of the Penal Code Act 2010 criminalises abortion unless there is a legal defence:
— Penal Code Act of 2010, Section 45
The law does not specify a gestational limit. Lesotho does not have national guidelines on safe abortion or post-abortion care (PAC), but the Ministry of Health told the Lesotho Times in October 2024 that PAC guidelines were being written. The country's abortion law is one of the most restrictive in the region.
The British colonial government did not create an abortion law in what is now Lesotho. Thus, Lesotho was subject to common law, which was primarily based on Roman-Dutch law as implemented in South Africa, while an English law principle, in which the offence of abortion required the woman to be "quick with child", may also have applied. Lesotho was considered to have a total ban on abortion before legalising abortions to save the life or health of the pregnant woman in 2010. In its 2018 review of the Addis Ababa Declaration on Population and Development, the government of Lesotho listed management of unsafe abortion as a priority. In 2010, the chair of the Parliament's Social Cluster Committee, Fako Moshoeshoe, suggested the legalisation of abortion, saying there was a high rate of abortion complications and a need for increased public health education. On 30 March 2021, 26 members of parliament met with a group of church leaders who opposed abortion. The meeting was led by the Southern Africa HIV and AIDS Information Dissemination Service, along with the SADC Parliamentary Forum. Moshoeshoe proposed a referendum on abortion. Church leaders agreed. The Lesotho Nursing Council voiced concerns about the unsafe abortion rate at an October 2024 meeting with the National Assembly following reports of medical professionals performing illegal abortions. At this meeting, Lesotho Mounted Police Service inspector Peke Petje said that some government employees were involved in illegal abortions, with some civil servants owning illegal pharmacies in Maseru.
From 2015 to 2019, 67% of pregnancies were unintended and 24% of these resulted in abortion. Between 1990–1994 and 2015–2019, the unintended pregnancy rate remained constant and the abortion rate increased 28%. According to the 2022 State of the World Population Report, 60% of unintended pregnancies in the country result in abortion, and the unintended pregnancy rate is rising. Abortion data collection in the country is sparse.
According to the Ministry of Health, as of 2015 only 10% of hospitals provide safe abortion, and medical abortion is available in 18% of hospitals and 14% of health centres. Lesotho's guidelines for healthcare providers deal with referral for legal abortion. In the 1990s, most abortions were conducted unsafely by unqualified providers. They used chemicals, herbs, or physical methods to induce abortions. Some girls sought abortions from traditional healers.
The Ministry of Health recommends that women travel outside the country to receive abortions. In neighbouring South Africa, safe and legal abortions are available. Critics have said it is hypocritical that the government suggests getting abortions abroad instead of legalising abortion. Few women in Lesotho can afford the cost of travel. Within the country, foreign medical professionals often perform illegal procedures for high prices. They often avoid prosecution, as they can flee the country, and women are afraid to report them. Many women search for abortion services on Facebook. Dozens of Facebook pages advertise safe abortion pills and services. Women who receive these pills experience bleeding and faintness. Some receive procedures that do not work. Local newspapers advertise abortions.
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Abortion in Lesotho
In Lesotho, abortion is illegal except when the pregnancy poses a risk to life or health, or in cases of rape or incest. Legal abortions must be provided by a "medical practitioner" and approved by another. People who provide or assist abortions may be punished. Unsafe abortions cause about one-fifth of maternal deaths in the country. Few hospitals provide abortion. Lesotho listed the grounds for legal abortion in its penal code in 2010, prior to which there was no written abortion law. In 2021, the Parliament of Lesotho and church leaders debated legalisation, with Member of Parliament Fako Moshoeshoe supporting it. The government has recommended that women seeking abortion travel to South Africa, where it is safe and legal. Clandestine abortions are available in Lesotho from foreign physicians. Women who are likely to have abortions are those who have an unmet need for contraception, are young, or get pregnant outside of marriage. Government guidelines provide for post-abortion care, but few facilities exist.
Section 45 of the Penal Code Act 2010 criminalises abortion unless there is a legal defence:
— Penal Code Act of 2010, Section 45
The law does not specify a gestational limit. Lesotho does not have national guidelines on safe abortion or post-abortion care (PAC), but the Ministry of Health told the Lesotho Times in October 2024 that PAC guidelines were being written. The country's abortion law is one of the most restrictive in the region.
The British colonial government did not create an abortion law in what is now Lesotho. Thus, Lesotho was subject to common law, which was primarily based on Roman-Dutch law as implemented in South Africa, while an English law principle, in which the offence of abortion required the woman to be "quick with child", may also have applied. Lesotho was considered to have a total ban on abortion before legalising abortions to save the life or health of the pregnant woman in 2010. In its 2018 review of the Addis Ababa Declaration on Population and Development, the government of Lesotho listed management of unsafe abortion as a priority. In 2010, the chair of the Parliament's Social Cluster Committee, Fako Moshoeshoe, suggested the legalisation of abortion, saying there was a high rate of abortion complications and a need for increased public health education. On 30 March 2021, 26 members of parliament met with a group of church leaders who opposed abortion. The meeting was led by the Southern Africa HIV and AIDS Information Dissemination Service, along with the SADC Parliamentary Forum. Moshoeshoe proposed a referendum on abortion. Church leaders agreed. The Lesotho Nursing Council voiced concerns about the unsafe abortion rate at an October 2024 meeting with the National Assembly following reports of medical professionals performing illegal abortions. At this meeting, Lesotho Mounted Police Service inspector Peke Petje said that some government employees were involved in illegal abortions, with some civil servants owning illegal pharmacies in Maseru.
From 2015 to 2019, 67% of pregnancies were unintended and 24% of these resulted in abortion. Between 1990–1994 and 2015–2019, the unintended pregnancy rate remained constant and the abortion rate increased 28%. According to the 2022 State of the World Population Report, 60% of unintended pregnancies in the country result in abortion, and the unintended pregnancy rate is rising. Abortion data collection in the country is sparse.
According to the Ministry of Health, as of 2015 only 10% of hospitals provide safe abortion, and medical abortion is available in 18% of hospitals and 14% of health centres. Lesotho's guidelines for healthcare providers deal with referral for legal abortion. In the 1990s, most abortions were conducted unsafely by unqualified providers. They used chemicals, herbs, or physical methods to induce abortions. Some girls sought abortions from traditional healers.
The Ministry of Health recommends that women travel outside the country to receive abortions. In neighbouring South Africa, safe and legal abortions are available. Critics have said it is hypocritical that the government suggests getting abortions abroad instead of legalising abortion. Few women in Lesotho can afford the cost of travel. Within the country, foreign medical professionals often perform illegal procedures for high prices. They often avoid prosecution, as they can flee the country, and women are afraid to report them. Many women search for abortion services on Facebook. Dozens of Facebook pages advertise safe abortion pills and services. Women who receive these pills experience bleeding and faintness. Some receive procedures that do not work. Local newspapers advertise abortions.