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Public Opinion

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History

Homosexual activity in Qacha's Nek

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Homosexual activity in Qacha's Nek is legal.

Current status
Since Mar 9, 2012
Legal
The Penal Code Act of 2010 decriminalized homosexuality in Lesotho. It took effect in 2012.
Details
Sources:
web.archive.org/web/2013070…
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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 Qacha's Nek

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Same-sex marriage in Qacha's Nek is unrecognized.

Current status
Unrecognized
There is no legal recognition provided to same-sex couples in Lesotho. However, there is also no explicit ban on marriage.
Details
Sources:
data.unicef.org/wp-content/…
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Censorship of LGBT issues in Qacha's Nek

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Censorship of LGBT issues in Qacha's Nek 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 Qacha's Nek

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Right to change legal gender in Qacha's Nek 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 Qacha's Nek

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Gender-affirming care in Qacha's Nek 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 Qacha's Nek

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Legal recognition of non-binary gender in Qacha's Nek 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 Qacha's Nek

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LGBT discrimination in Qacha's Nek is illegal in some contexts.

Current status
Since Jan 5, 2012
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 law came into effect in 2012.

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:
www.wvi.org/article/lesotho…
natlex.ilo.org/dyn/natlex2/…
natlex.ilo.org/dyn/natlex2/…
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Until Jan 4, 2012
No protections
Until 2012, there were no protections from discrimination provided to LGBTIQ+ people in Lesotho.
Details
Sources:
www.wvi.org/article/lesotho…
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LGBT employment discrimination in Qacha's Nek

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LGBT employment discrimination in Qacha's Nek is sexual orientation and gender identity.

Current status
Since Apr 2, 2024
Sexual orientation and gender identity under federal Lesotho 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 Qacha's Nek

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LGBT housing discrimination in Qacha's Nek is no protections.

Current status
No protections
There are no protections from discrimination in housing provided to LGBTIQ+ people in Lesotho.
Details
Sources:
www.state.gov/reports/2023-…
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Same-sex adoption in Qacha's Nek

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Same-sex adoption in Qacha's Nek is single only.

Current status
Single only
Single males and same-sex couples cannot adopt in Lesotho.
Details
Sources:
lib.ohchr.org/HRBodies/UPR/…
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Intersex infant surgery in Qacha's Nek

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Intersex infant surgery in Qacha's Nek 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 Qacha's Nek

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Serving openly in military in Qacha's Nek is legal.

Current status
Legal
There are no known bans or restrictions on LGBTIQ+ people serving in the military of Lesotho.
Details
Sources:
www.judiciary.gov.ls/wp-con…
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Blood donations by MSMs in Qacha's Nek

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Blood donations by MSMs in Qacha's Nek is legal.

Current status
Legal
There are no known bans or restrictions on blood donations from men who have sex with men in Lesotho.
Details
Sources:
www.libertyhealth.net/lesot…
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Conversion therapy in Qacha's Nek

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Conversion therapy in Qacha's Nek 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 Qacha's Nek

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Equal age of consent in Qacha's Nek is equal.

Current status
Since Mar 9, 2012
Equal
Homosexuality was decriminalised in Lesotho in 2012 with an equal age of consent to heterosexuality.
Details
Sources:
web.archive.org/web/2013070…
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Equality Index ?
45 / 100
Legal Rights
58 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Qacha's Nek to help improve its accuracy.

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