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Research in attittudes towards LGBTQ+ issues in Lesotho have identified a strong opposition to LGBTQ+ rights, reflecting underlying homophobic sentiments.

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History

Homosexual activity in Lesotho

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Homosexual activity in Lesotho is legal.

Current status
Since Mar 9, 2012
Legal
The Penal Code Act of 2010 decriminalized homosexuality.
Details
Sources:
www.lesotholii.org/ls/legis…
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1884–Mar 9, 2012
Male illegal, female legal
The Roman-Dutch law of the Cape Colony, including the sodomy offence, was applied to Basutoland (as Lesotho was then known) by a proclamation of the British High Commissioner in 1884 (exact date unknown).
Details
Sources:
ilga.org/ilga/en/countries/…
lib.ohchr.org/HRBodies/UPR/…
www.jstor.org/stable/23245418 (page 164-165)
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Same-sex marriage in Lesotho

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Same-sex marriage in Lesotho is banned.

Current status
Since Oct 4, 1966
Banned
The common law definition of marriage is “a union of one man with one woman, to the exclusion, while it lasts, of all others”
Details
Sources:
lib.ohchr.org/HRBodies/UPR/…
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Censorship of LGBT issues in Lesotho

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Censorship of LGBT issues in Lesotho is no censorship.

Current status
No censorship
In Lesotho, there are no laws restricting the discussion or promotion of LGBTQ+ topics.

However, laws against forgery and fraud could be used to criminalise transgender identity which is rarely granted recognition in the country.
Details
Sources:
theotherfoundation.org/wp-c…
web.archive.org/web/2019012…
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Right to change legal gender in Lesotho

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Right to change legal gender in Lesotho is legal, but requires medical diagnosis.

Current status
Since Apr 1, 1975
Legal, but requires medical diagnosis
Article 22 of the Registration of Births and Deaths Act (1973) states that "In the event of a child, after being registered, either by operation or otherwise, changing from a female to a male or from a male to a female and such change is certified by a registered medical practitioner, the district registrar of the district in which the birth is registered shall, with the approval of the registrar and on the application of the parent or guardian of that child, alter the particulars of such child which appear in the births register."

People may also possibly change their legal gender under the National Identity Cards Act 9 of 2011.

However, despite the two laws, there is usually no legal recognition granted in practice.
Details
Sources:
commons.laws.africa/akn/ls/…
commons.laws.africa/akn/ls/…
www.southernafricalitigatio…
lesotholii.org/akn/ls/act/1…
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Until Mar 31, 1975
Illegal
Until 1975, there was no legal gender recognition provided in Lesotho.
Details
Sources:
lesotholii.org/akn/ls/act/1…
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Gender-affirming care in Lesotho

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Gender-affirming care in Lesotho is restricted.

Current status
Restricted
Neither sex reassignment surgery nor hormone replacement are available in Lesotho leaving people to go to South Africa for healthcare.
Details
Sources:
www.southernafricalitigatio…
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Legal recognition of non-binary gender in Lesotho

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Legal recognition of non-binary gender in Lesotho is not legally recognized.

Current status
Not legally recognized
Non-binary identities are not legally recognized in Lesotho.
Details
Sources:
database.ilga.org/lesotho-lgbti
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LGBT discrimination in Lesotho

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LGBT discrimination in Lesotho is illegal in some contexts.

Current status
Since 2011
Illegal in some contexts
Section 127(4) of the Children's Protection and Welfare Act 2011 states that "No child may be unfairly discriminated against on the basis of sexual orientation in the selection of a diversion programme, process or option and all children shall have equal access to diversion options.

The Labor Code (2024) bans discrimination based on gender and sexual orientation. It bans violence, harassment and sexual harassment based on gender identity.
Details
Sources:
database.ilga.org/lesotho-lgbti
natlex.ilo.org/dyn/natlex2/…
natlex.ilo.org/dyn/natlex2/…
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LGBT employment discrimination in Lesotho

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LGBT employment discrimination in Lesotho is sexual orientation and gender identity.

Current status
Since Apr 2, 2024
Sexual orientation and gender identity federal law
The Labor Code (2024) explicitly bans discrimination based on gender and sexual orientation. It also bans violence, harassment and sexual harassment based on gender identity.
Details
Sources:
natlex.ilo.org/dyn/natlex2/…
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Until Apr 2, 2024
No protections
Until 2024, there were no protections from discrimination in employment provided to LGBTIQ+ people in Lesotho.
Details
Sources:
www.state.gov/reports/2023-…
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LGBT housing discrimination in Lesotho

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LGBT housing discrimination in Lesotho is no protections.

Current status
No protections
No protections
Details
Sources:
database.ilga.org/lesotho-lgbti
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Same-sex adoption in Lesotho

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Same-sex adoption in Lesotho is illegal.

Current status
Since Oct 4, 1966
Illegal
Single males and same-sex couples cannot adopt
Details
Sources:
lib.ohchr.org/HRBodies/UPR/…
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Intersex infant surgery in Lesotho

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Intersex infant surgery in Lesotho is not banned.

Current status
Not banned
Surgery on intersex infants is legal in Lesotho but not reported.
Details
Sources:
www.state.gov/reports/2023-…
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Serving openly in military in Lesotho

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Serving openly in military in Lesotho is lesbians, gays, bisexuals permitted, transgender people banned.

Current status
Lesbians, gays, bisexuals permitted, transgender people banned
Not a single country in Africa allows trans military service .
Details
Sources:
www.cbc.ca/news/world/count…
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Blood donations by MSMs in Lesotho

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Blood donations by MSMs in Lesotho is unknown.

Current status
Unknown

Conversion therapy in Lesotho

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Conversion therapy in Lesotho is not banned.

Current status
Not banned
Conversion therapy is legal in Lesotho but not reported.
Details
Sources:
www.state.gov/reports/2023-…
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Equal age of consent in Lesotho

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Equal age of consent in Lesotho is unknown.

Current status
Unknown

LGBT Rights by District

View the LGBT laws in each individual district of Lesotho.

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