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 Periodical article |
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| Title: | The notion of culture and equality in international law: conflict of laws in Lesotho |
| Author: | Letete, P. |
| Year: | 1998 |
| Periodical: | Lesotho Law Journal: A Journal of Law and Development |
| Volume: | 11 |
| Issue: | 1 |
| Pages: | 159-176 |
| Language: | English |
| Geographic term: | Lesotho |
| Subjects: | conflict of laws women law |
| Abstract: | The imminent conflict between cultural practice and the right to equality under international human rights law is discussed with reference to the status of women in Lesotho. The Constitution of Lesotho 1993 enshrines the principles of equality and nondiscrimination. Moreover, Lesotho is party to the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the African Charter on Human and Peoples' Rights, and the Convention on the Elimination of Discrimination against Women. At the same time, the Constitution recognizes the applicability of customary law in circumstances where there is such need. Under Sotho customary law a woman is a minor, while under common law the legal position of a married woman is analogous to that of a minor under guardianship, since marital power is vested with the husband. Succession to chieftainship and to the throne is attributed to the first-born son, inheritance under the Laws of Lerotholi 1903 is attributed to the first male child, and the husband is considered the head of the family. Despite the constitutional provisions of nondiscrimination, the legal imbalance between men and women in Lesotho amounts to gender inequality. Notes, ref. |