Aspects of the Impact of the United Nations Convention on the Rights of Persons with Disabilities on South African Health Law: Section 1

This article addresses the question of whether the Sterlisation Act, the Mental Health Care Act and the National Health Act are compatible with the United Nations Convention on the Rights of People with Disabilities. The CRPD recognises equal legal capacity and free and informed consent of people wi...

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Bibliographic Details
Main Author: Magdaleen Swanepoel
Format: Article
Language:English
Published: Elsevier 2020-11-01
Series:Forensic Science International: Mind and Law
Subjects:
Online Access:http://www.sciencedirect.com/science/article/pii/S2666353820300072
Description
Summary:This article addresses the question of whether the Sterlisation Act, the Mental Health Care Act and the National Health Act are compatible with the United Nations Convention on the Rights of People with Disabilities. The CRPD recognises equal legal capacity and free and informed consent of people with disabilities and equal right to respect for physical and mental integrity. Relevant aspects of the Constitution of the Republic of South Africa, 1996, aspects of the CRPD and South African legislation are discussed. Context of discussion: It is very important that people with disabilities should be treated fairly and with dignity. But currently many people with disabilities are stigmatised, discriminated against and treated unfairly. We often see this in mental health. That is the rationale behind this article – to mention the rights that people with disabilities are entitled to and to discuss enforcement.
ISSN:2666-3538