Miscarriage of justice’

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eration for Mental Health also believes the court did not do enough to afford Manda his full rights as contained in both the country’s Constitution and the UN Convention on the Rights of People with Disabilities.

“This appears to be one example where inadequate services are rendered to persons with mental disabilities.

“The UN Convention on the Rights of People with Disabilities adopted key elements of the Bill of Rights, which include human dignity, equality and psychological integrity.

“This includes the right to be considered a person and to exercise legal capacity, irrespective of one’s mental state or disability.

“Article 12 of the Convention stipulates that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life ... everyone is equal before the law and has the right to equal protection and benefit of the law.

“Equality includes the full and equal enjoyment of all rights and freedoms.

“No person may unfairly discriminate, directly or indirectly, against anyone on one or more grounds, including ... disability.”

Patel says because South Africa became a signatory to the UN Convention in 2007, institutions such as courts are obliged to take appro

“priate measures to provide access to persons with disabilities with the support they might require in exercising their legal capacity”.

She continues: “However, current legislation continues to operate on the assumption that mental health users have no capacity to act and may therefore be incarcerated against their will, suffer preventative or pre-emptive detention for their own good, or the good of society and be locked up without access to legal assistance for up to 45 days at a time.

“In article 17 of the UN convention, the mental integrity of the person is given protection.

“Every person with disabilities has a right to respect for his or her physical and mental integrity on an equal basis with others.”

She concludes: “We recommend that members of the judiciary be trained to have full comprehension of the capacity and psychological functioning of persons with mental disability.

“Our courts are under so much pressure that very little consideration is given to the rights of persons with disabilities.” mananyetsoa@sundayworld.co.za Foillow me on twitter @Mezosti