We have certainly made progress when it comes to awareness on mental health. Because of the stigma of mental health carries, sufferers are often socially excluded, preventing them from accessing treatment, resources, and support they need to live full lives.
According to the World Health Organization, people with mental health issues are sometimes exiled to the outskirts of towns where they are left half-naked or in rags, tied up, beaten, and forced to go hungry.
Those suffering from mental illness are treated with gross inhumanity in our country at both institutional and individual-levels.
Our mental health awareness fails to protect those with psychosocial disabilities, writes Lesley Robertson, professor at the University of Witwatersrand's Department of Psychiatry.
How can the human rights of people with mental health conditions be promoted and protected?
According to lawyer Sasha Stevenson, team leader of the health rights group at Section 27, a public interest law organisation that works on the rights to health and basic education, everything is dependent on the Constitution.
The Constitution states that everyone has a right of access to healthcare services, which includes mental healthcare.
There are three main areas of focus in South Africa’s mental healthcare act: human rights, the protection of the rights of those with mental health disorders, and a closer examination of an integrated approach to mental healthcare services. The act outlines precisely what the rights of people who require mental healthcare services are.
“The most important thing for mental health is that the best interests of the person concerned are prioritised and that the least restrictive measures are used to protect and provide services to people with mental health illness,” said Stevenson in a live chat with Sadag.
Currently, our healthcare system is inaccessible, with only 5% of public health expenditure allocated to mental healthcare.
Despite its limitations, the Mental Health Act in Section 25 outlines situations in which patients can be admitted to full care without their agreement.
Despite these restrictions, the act places a priority on the patient's best interests and strives to strike the correct balance.
The delicate balancing act between ensuring that people receive the treatment and care they require and not violating other rights, such as the freedom and the ability to make decisions is crucial, said Stevenson.
The mental health review board’s job is to gather complaints regarding patient mistreatment or neglect. It also has the ability to challenge decisions made by healthcare facilities to subject patients to forced treatment.
The board receives the documentation from mental healthcare providers and then looks into whether the decision was made correctly, within the limited time frame.
Although Stevenson noted that the review board’s authority to address those complaints is unclear, there is no guidance provided in the Constitution regarding how to proceed. It’s important for patients to know their rights and the correct structures to report mistreatment, she said.