Abortion law Lesotho


Background (From the UN country report)

"There is no statutory law in Lesotho governing the performance of abortions.  Instead, abortion is a matter of common law, which was patterned after Roman-Dutch common law.  Under this law, which was also in effect in South Africa prior to the enactment of its Abortion and Sterilization Act (Act No. 2 of 1975), abortion is prohibited except in cases of necessity. There is some disagreement, however, as to what constitutes a case of necessity.  An abortion performed to save the life of the pregnant woman is a case of necessity.  However, it is possible that a case of necessity need not be so serious and that an abortion could be performed in cases of serious threat to health.  There is no case law on this issue in Lesotho. 

The Regulation of Advertisements Proclamation of 1953 (No. 60, section 3) prohibits the advertisement of items that could be used to procure an abortion. However, the Proclamation excludes from criminal liability those persons publishing advertisements in technical journals circulated among medical practitioners, chemists, pharmacists and hospital managers.  No details exist about the penalties for transgressing the law or about procedural requirements."

Source: http://www.un.org/esa/population/publications/abortion/doc/lesotho.doc