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Public Opinion

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History

Homosexual activity in Butha-Buthe

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Homosexual activity in Butha-Buthe 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 Butha-Buthe

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Same-sex marriage in Butha-Buthe 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 Butha-Buthe

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Censorship of LGBT issues in Butha-Buthe is no censorship.

Current status
No censorship
In Lesotho, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Details
Sources:
theotherfoundation.org/wp-c…
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Right to change legal gender in Butha-Buthe

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Right to change legal gender in Butha-Buthe 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 Butha-Buthe

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Gender-affirming care in Butha-Buthe is restricted.

Current status
Since 1994
Restricted
In 1994, Lesotho legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.

However, neither sex reassignment surgery nor hormone replacement is available in Lesotho leaving people to go to South Africa for healthcare.
Details
Sources:
www.rhsupplies.org/uploads/…
www.southernafricalitigatio…
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Legal recognition of non-binary gender in Butha-Buthe

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Legal recognition of non-binary gender in Butha-Buthe 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 Butha-Buthe

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LGBT discrimination in Butha-Buthe 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 Butha-Buthe

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LGBT employment discrimination in Butha-Buthe 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 Butha-Buthe

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LGBT housing discrimination in Butha-Buthe is no protections.

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

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Same-sex adoption in Butha-Buthe 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 Butha-Buthe

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Intersex infant surgery in Butha-Buthe 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 Butha-Buthe

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Serving openly in military in Butha-Buthe 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 Butha-Buthe

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Blood donations by MSMs in Butha-Buthe is unknown.

Current status
Unknown

Conversion therapy in Butha-Buthe

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Conversion therapy in Butha-Buthe 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 Butha-Buthe

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Equal age of consent in Butha-Buthe is unknown.

Current status
Unknown
Equality Index ?
40 / 100
Legal Rights
52 / 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 Butha-Buthe to help improve its accuracy.

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Common queries:
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  • Is homosexuality legal in Butha-Buthe?
  • Is gay marriage legal in Butha-Buthe?

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