scholarly journals Human Rights That Influence The Mentally Ill Patient In South African Medical Law: A Discussion of Sections 9; 27; 30 and 31 of the Constitution

Author(s):  
Magdaleen Swanepoel

The personalised nature of mental illness obscures from general view the intolerable burden of private and public distress that people with serious mental illness carry. Invariably the mentally ill person encounters rejection and humiliation that are in some way tantamount to a "second illness." The combination either disrupts or puts beyond reach the usual personal and social life stages of marriage, family life, raising children, sexual relationships, the choice of treatment, affordable housing, transportation, education and gainful employment. As a result of their lack of financial and social support and their experience of rejection from society, persons with mental illness tend to neglect themselves and their diet, and frequently delay seeking treatment. Against this background, this contribution critically focuses on the human rights that influence the mentally ill patient in South African medical law. Specific attention is paid to the relevance and meaning of sections 9 (the equality clause), 27 (access to health care services), 30 and 31 (language, culture and religion) of the Constitution of the Republic of South Africa, 1996.

2019 ◽  
Vol 12 (2) ◽  
pp. 40-45
Author(s):  
D. Koirala ◽  
M Silwal ◽  
A Gurung ◽  
R. Gurung ◽  
S. Paudel

Introduction: Mental health problems raise many human rights issues. People with mental illness are exposed to human rights violation within and outside the health care context. Because of lack of awareness, people with mental illness and their families do not exercise their rights. Psychiatric patients are most vulnerable groups in community. Incidence of violation of rights of mentally ill patients can be avoided if the community people become aware of them. Objective: To assess knowledge regarding human rights and myth of mental illness among community people. Method: A descriptive crosssectional study was conducted among 140 community people of Ritthepani-27, Kaski, Nepal. Non probability convenient sampling technique was adopted to collect the data. Inclusion criteria included head of the family of the selected community who were willing to participate in the study. Data was collected through face to face interview using a structured questionnaire. Results: In the present study, it was found that 46.40% of the community people had inadequate knowledge regarding human rights of mentally ill patients. There was no significant association between demographic variables and knowledge score of the respondents. The study found that more than half of the respondents (51%) had belief that mental illness is not related to physical health. Likewise 36.4% believed mental illness is caused by supernatural power and evil and 30% believed that marriage can cure mental illness. Conclusion: Based on findings, it is concluded that the level of knowledge regarding rights of mentally ill patient is inadequate and there is a high prevalence of myths and misconceptions related to mental illness among the adult population. So, there is need to conduct awareness raising activities in the community.


2021 ◽  
Author(s):  
Laroux Peoples

Canadian prisons house persons who have never committed a crime but who have immigration problems and mental illness. This paper explores why this is happening by reviewing current immigration legislation, past policy shifts, public opinion about immigrants and persons with a mental illness, and the role of political elites and the media in shaping the issues.


2019 ◽  
Vol 2 (2) ◽  
pp. 31-35
Author(s):  
Christos Iliadis ◽  
Aikaterini Frantzana ◽  
Aikaterini Kourkouta ◽  
Petros Ouzounakis

Introduction: Mental health is the development of a person's healthy view ofthemselves and the environment in which they live, so that they can achieve thehighest degree of self-fulfillment. Purpose: The purpose of the present work is toinvestigate and highlight the rights of the mentally ill and to promote and promotethe health of these patients. Methodology: The study material consisted of articleson the topic found in Greek and international databases such as: Google Scholar,Mednet, Pubmed, Medline and the Hellenic Academic Libraries Association(HEAL-Link), using keywords: mental illness, patient rights, health professionals. Results: The rights of mental patients and their exercise in a meaningful andeffective manner is a dynamic process that encompasses the corresponding rightsand obligations of mental health professionals. An important legal effort to protectthe rights of the mentally ill is Resolution 46/119 of the United Nations GeneralAssembly on the Protection of Persons with Mental Illness and Improving MentalHealth Care, adopted on 17 December 1991. Conclusions: The exercise of therights of the mentally ill requires their encouragement from mental healthprofessionals, who are essentially obliged to refrain from restrictive practices.


2021 ◽  
Author(s):  
Laroux Peoples

Canadian prisons house persons who have never committed a crime but who have immigration problems and mental illness. This paper explores why this is happening by reviewing current immigration legislation, past policy shifts, public opinion about immigrants and persons with a mental illness, and the role of political elites and the media in shaping the issues.


2017 ◽  
Vol 6 (1) ◽  
pp. 27-31
Author(s):  
Kriti Thapa ◽  
Vimala W. Samson

Background: Mental illness raises many human rights issues. People with mental disorders are exposed to a wide range  of human rights violation both within and outside the health care context. People with mental illness and their families  do not exercise their rights, because of lack of awareness that they have such rights, lack of knowledge about how to effectively assert their rights, and lack of confidence in asserting their rights. The most important factor in ensuring patient’s rights is the knowledge, attitude and commitment of the mental health professionals.Objectives:  The objectives of the study were to assess knowledge and attitude of staff nurses regarding human rights of mentally ill patients.Methods: A descriptive approach was adopted for the study. A total of 50 staff nurses working in psychiatric wards of general hospitals and in psychiatric hospitals of Bangalore were selected through purposive sampling technique. A structured knowledge questionnaire was used to assess level of knowledge and a four-point Likert scale was used to assess attitude of nurses regarding human rights of mentally ill patients.Results: The overall mean knowledge score was 50 percent and the overall mean attitude score was 68.65 percent among  the staff nurses.Conclusion: The results of the study exposed the requirement of continuing education of staff nurses regarding human rights of mentally ill patients. Journal of Kathmandu Medical College Vol. 6, No. 1, 2017, page: 27-31


Author(s):  
Lesley J. Robertson ◽  
Malegapuru W. Makgoba

Introduction: Mental health has been included in the Sustainable Development Goals and quality assurance is needed to ensure its achievement. To date, more than 140 people with severe mental illness have died in the Life Esidimeni tragedy. The tragedy highlights the ineffectiveness of quality assurance in South Africa.The aim of this case study was to identify possible measures which may be used for future monitoring of mental health by analysing the quality deficits evident in the Life Esidimeni tragedy.Methods: A framework for the analysis was devised using South African legislation and policy as well as international literature on quality assurance in mental health. Categories of quality care for macro-, meso- and micro-levels of analysis were developed. The Health Ombud’s report into the ‘Circumstances surrounding the deaths of mentally ill patients: Gauteng Province’ was examined for phrases which reflected quality care. These were allocated to the different categories and clustered into common themes which could be reflected as ‘quality measures’.Results: Measures identified at macro-level included basic human rights, mortality, financial protection and stakeholder consultation. Most quality deficits evident in the report were at meso-level and included adherence to legislation, access to health care and equitable financial distribution. At micro-level, transparent communication, treatment of medical conditions, relapse and readmission for mental illness, and caregiver and family satisfaction were identified. There were no references to user-reported quality measures in the report.Conclusion: In the context of South African legislation and policy, quality deficits at each level of analysis were exposed by the Life Esidimeni tragedy. These could be translated into health indicators or survey requirements for future quality assurance.


Sign in / Sign up

Export Citation Format

Share Document