Lesotho: Landmark case puts restrictive abortion law to work


Date: October 27, 2024
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The She-Hive Association, a grantee of the Voice and Choice Southern Africa Fund (VCSAF), facilitated a landmark legal change in 2024 with the successful termination of a pregnancy for a sixteen-year-old girl in Lesotho, approved on mental health grounds by the Children’s Court. This case is significant in Lesotho’s legal landscape, as it sets a precedent by recognising mental health as a basis for abortion, aligning with the Maputo Protocol’s guidelines. This advocacy-driven change strengthens access to Sexual and Reproductive Health and Rights (SRHR) resources and services, particularly for marginalised populations, such as rural communities, by challenging restrictive interpretations of abortion laws.

Significance of the change 

This case holds considerable significance for SRHR advocacy in Lesotho.

Legal Precedent: This case sets a precedent for considering mental health as a valid ground for abortion under Lesotho’s Penal Code, which aligns with the Maputo Protocol.

Advocacy Impact: It highlights the importance of persistent advocacy and legal action in protecting the reproductive rights of vulnerable individuals.

Support for Survivors: The case underscores the need for comprehensive support systems for survivors of abuse, including legal, medical, and psychosocial services.

Policy Influence: This success may influence future cases and encourage policymakers to consider broader interpretations of health grounds for abortion.

For the movement, this change means a step forward in ensuring that mental health is recognized in abortion laws and that survivors of abuse receive the necessary support. The next steps involve continued advocacy for broader legal interpretations and improved support systems for survivors.

Organisational contribution to this change 

She-Hive’s unwavering dedication and multi-faceted support were instrumental in securing this outcome. They pursued the case tirelessly in court, advocating for the termination order based on the girl’s mental health needs. She-Hive conducted thorough investigations to confirm the abuse, provided her with immediate shelter, and offered psychosocial support through their PSS team. Collaboration with the Department of Social Development enabled She-Hive to secure a social grant and longer-term shelter options, ensuring the girl’s well-being. By combining advocacy, legal action, and support services, She-Hive demonstrated a powerful, rights-based approach to addressing SRHR issues for marginalised young individuals.

Evidence of the Change 

Extensive documentation supports the impact of She-Hive’s work in this case. Legal evidence includes court records, which detail the legal proceedings and the Children’s Court’s ruling for termination based on mental health. Case files document the investigations, support services provided, and interactions with the girl and her family. Additional evidence includes testimonies from She-Hive staff, the girl, and her aunt, attesting to the advocacy, legal, and psychosocial support provided. Collaboration records such as correspondence and agreements with the Department of Social Development regarding the girl’s social grant and shelter also verifies She-Hive’s collaboration efforts to secure long-term care and assistance for the girl. These pieces of evidence collectively demonstrate She-Hive’s crucial role in achieving this change and advancing the rights and well-being of the girl involved.

This successful case represents a vital advancement in recognising mental health within abortion law in Lesotho, and it underscores the importance of a comprehensive support network for survivors of abuse. Through this work, She-Hive is poised to shape an inclusive, rights-based approach to SRHR and advocacy in Lesotho.


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