Transformation of the Lesotho juvenile justice system since ratification of the Convention of the Rights of the Child,1989 : legislation and practice.
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Date
2009
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Abstract
Lesotho ratified the United Nations Convention on the Rights of the Child 1989 (hereafter
'the CRC') in 1992. By virtue of ratification of the CRC Lesotho has undertaken to
harmonise its national laws with the CRC provisions.
This study looks into the transformation of the Lesotho juvenile justice system since the
ratification of the CRC. Some of the provisions of the Children's Protection Act No. 6 of
1980 (hereafter 'the CPA') which established the Lesotho juvenile justice system are not
fully compliant with the CRC. This study shows that some major topics in the current
Lesotho juvenile justice such as the age of criminal responsibility, procedures in the
children's court, legal representation and diversion do not meet the standards of the CRC.
Further, the general principles of the CRC are inadequately applied.
In order to address these inadequacies Lesotho has drawn the Children's Protection and
Welfare Bill 2004 (hereafter ' the Bill' ). Some of the provisions of the Bill relevant to
juvenile justice are analysed through the standards of the CRC. While the Bill still has
some short falls, in the majority of provisions it sufficiently addresses gaps between the
current juvenile justice system and the provisions of the CRC.
The study concludes by arguing that the enactment of the Bill should not be delayed
further. Professionals in juvenile justice should be trained. Further, some provisions of
the Bill like designation of magistrates for the Children's Courts can be put into practice
and the use of diversion and restorative justice continued. The CPA provisions which are
compatible with the CRC should be used.
Description
Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2009.
Keywords
Convention on the Rights of the Child (1989), Children's rights., Children's rights--Lesotho., Theses--Law.