Abstract
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.
Highlights
People suffering from mental illness are among the most disadvantaged groups in society
There is a very large group which he refers to of as "the silent successful." These are people who recover from mental illness but who are afraid to speak out
This reluctance is very understandable, very human, but it is unfortunate because it perpetuates the misperception that mental illness cannot and should not be treated and cured
Summary
People suffering from mental illness are among the most disadvantaged groups in society. As a consequence of their lack financial and social support and their rejection from society, persons with mental illness tend to neglect themselves and their diet, and frequently delay seeking treatment.9 Because this is a contribution of limited scope, the focus here is placed on sections 9 (the equality clause), 27 (access to health care services), 30 and 31 (language, culture and religion) of the Constitution. Because South Africa acknowledges access to health care services in its Constitution, it is submitted that these include adequate treatment services for mentally disordered patients, including adequate treatment in psychiatric institutions, or for example, electroconvulsive therapy, especially if these are the only treatments recognised as appropriate for the purpose and treatment. Mental healthcare and support services for indigenous peoples or racial and ethnic minorities must be respectful of their cultures and traditions.
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
