Juridical Implication of Article 12 of the Convention on the Rights of Persons with Psychosocial Disability in the Health Sector of EthiopiaPosted: 3 June, 2022 | Author: AfricLaw | Filed under: Hawi Asfaw | Tags: Article 12, Convention on the Right of Persons with Disability, CRPD, Ethiopia, Ethiopian Civil Code, guardian, health sector, insane person, involuntary admission, judicial review, judicially interdicted, legal capacity, legal incapacity, mental health, mental health legislation, non-consensual treatment, notoriously insane, psychosocial disability | Leave a comment
Author: Hawi Asfaw
Associate Human Rights Officer, Ethiopian Human Rights Commission
Recognition of legal capacity is inseparably linked with the enjoyment of rights in the health sector since it is a prerequisite for a person to fully control his or her health and to make a free and informed decision concerning sexual, reproductive, and mental health. Article 12 of the Convention on the Right of Persons with Disability (CRPD) to which Ethiopia is a party, provides that states should recognize the legal capacity of persons with disability and provide them with access to support in the exercise of their legal capacity which in no way amount to substitute decision making. Additionally, article 25(d) of the CRPD states that the right to health includes the right to health care on the bases of free and informed consent which presupposes the recognition and protection of legal capacity by the state for its enforcement. Read the rest of this entry »
The Cost of Separating PowersPosted: 1 June, 2021 | Author: AfricLaw | Filed under: Chris Himsworth, Linda Ajemba | Tags: COVID-19, discrimination i, government, health inequalities, human rights protection, lack of access to employment, mental conditions, mental health needs, psychosocial disability, SDGs, social environment, South Africa, Sustainable Development Goals | Leave a comment
Author: Chris Himsworth
University of Edinburgh, United Kingdom
It was reported on 28 April 2021 that authorities in Lesotho could not appoint a new High Court judge because of a lack of funds. While this might have come as a shock to most people, this will not have surprised the authors of the Report on the Independence of the Judiciary in the Kingdom of Lesotho, published only a month earlier in March. Chaired by Justice Zak Yacoob, former South African Constitutional Court Judge, a Working Group of the Southern African Development Community (SADC) Lawyers’ Association had aired a trenchant critique of the current condition of judicial independence in Lesotho.
Using evidence in the time of COVID-19 to reduce health inequalities for Persons with Psychosocial Disability in South AfricaPosted: 27 April, 2021 | Author: AfricLaw | Filed under: Linda Ajemba | Tags: COVID-19, discrimination i, government, health inequalities, human rights protection, lack of access to employment, mental conditions, mental health needs, psychosocial disability, SDGs, social environment, South Africa, Sustainable Development Goals | 1 Comment
Author: Linda Ajemba
LLD candidate, Centre for Human Rights, Faculty of Law, University of Pretoria
The ongoing coronavirus (COVID-19) pandemic has had an unparalleled impact on all spheres of life globally. As with other disasters, evidence shows that while the impact of the COVID-19 pandemic threatens all members of the society, it disproportionately affects persons with psychosocial disabilities. Persons with psychosocial disability refers to individuals suffering from a spectrum of mental conditions that influence their feelings, perceptions and behaviors. A psychosocial disability arises when someone with a mental health condition interacts with a social environment that presents barriers to their equality with others. Persons with psychosocial disabilities are greatly impacted by diverse response measures employed by governments across the globe to curb the pandemic.