Lesotho

Lesotho is a democratic kingdom (article 1). The Constitution is the Supreme Law of Lesotho and if any other law is inconsistent with this Constitution, that other law shall, to the extent of the inconsistency, be void (article 2).

A constitutional chapter is dedicated to the "Protection of fundamental human rights and freedoms" (chapter II). It does not include a right to health. Some rights constitutionally enshrined under this section include, among other things, the freedom of expression (article 14), the freedom of association (article 16), the freedom from discrimination (article 18), the right to equality before the law, and the protection of the law (article19) and the right to participate in government for citizens (article 20).

A constitutional chapter is dedicated to "Principles of State Policy" (chapter III) and includes among other things health protection (article 27), protection of children and young persons (article 32), and protection of the environment (article 36). Article 27 states that Lesotho shall adopt policies aimed at ensuring the highest attainable standard of physical and mental health for its citizens However, these principles (including health protection) are identified as not enforceable by court. These principles shall guide the authorities and agencies of Lesotho in the performance of their functions (article 25).

Under article 11, a child has the right to education and health. Specifically article 11 para 1 provides that a child as the right to access education, adequate diet, clothing, shelter, medical attention, social services. Under article 11 para 2, a child shall not be denied or hindered from medical treatment by reason of religious or other beliefs. Furthermore under article 11 para 6, a child has a right to sexual and reproductive health information and education appropriate to his age. Under article 13 a child with disability has a right to medical treatment and rehabilitation (along with other rights stated).

Under article 22, the state has a duty to formulate policies which will ensures special emphasis on the provision of primary and preventive health care, public health education, reduction of infant mortality and that no child is deprived of access to effective health services.

Part XXV (article 232 to article 234) includes rules on the protective measures relating to the health of children including on consent to medical treatment or surgical operation, HIV testing, access to legal, medical and health assistance for survivor or sexual abuse and exploitation.

The Act establishes the Lesotho Nursing Council (section 3). The Council is the governing body in matters relating to nursing and midwifery; its functions include among other things, making recommendations to the Minister on matters relating to and affecting the well-being of the nursing profession, providing guidelines on curricula and conduct of examination, inspecting nursing schools, prescribing registration fees, maintaining the register of nurses and prescribing requirements for persons wishing to engage in private practice(section 4). Its composition is provided for in section 5 of the Act as well as operating modes (e.g. section 8).

The Council is in charge of the registration of the nurses and midwives. The register of nurses is described in section 15 (how it is organized) and its procedure, the council may advise training institution. Furthermore, the Council by mandate of this act is in charge of the practicing license.

The Act also establishes a Council a Professional Conduct Committee and regulates its powers, which among other aspects, has the power to impose penalties.

The Public Health Order mandates the Ministry of Health, among others things, to promote individual health and environmental health within Lesotho; to prevent and guard against the introduction of disease from outside; to prevent or control communicable disease; to advise and assist district administrations and local authorities in regard to matters affecting public health; to promote or carry out researches and investigations in connection with the prevention and treatment of human diseases; to prepare and publish reports and statistics or other information relative to the public health (article 3).

The Order takes measures against communicable and noncommunicable disease, it makes focus on the spread of smallpox (part IV) and the introduction of disease into the country (part V). The Act also has regulations regarding sanitation and housing (part VII), water and food supplies (part IX) and cemeteries (part X).

The law mandates the establishment of a Medical, Dental and Pharmacy Council in Lesotho (article 3). The Council is in charge of the registration of practitioners who should be residents of the country. The council can make considerations and recommendations to the Ministry of Health to make regulations, among other things, regarding improper conduct from practitioners and the procedure for investigation and regarding general matters regarding ethics, testing, importation and manufacture of medical apparatus, and the labelling of substances (article 16 and article 18).

The Order also regulates the sales and licenses of medications, licensing for dealers and the labelling and storage of poisons (articles 20, 23, 25, 26 and 27).