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Theme Committee 4: Subsection 3 - Human Dignity [1994] ZAConAsmRes 23 (6 March 1994)

 

6th March 1994


Theme Committee 4: Subsection 3 - HUMAN DIGNITY

As a state-employed psychiatrist, I bring to yourattention the plight of institutionalised chronic psychiatric patients, held in terms of sections 19 and 28 of the Mental Health Act (18, 1973).

  1. These people are detained involuntarily and indefinitely.

  1. Their well-being depends entirely on the beneficence of the hospital staff.

  1. The Health Budget cuts of the past 5 years have resulted in

steady deterioration in their quality of life with respect to:


* diet (R5 per day for 3 meals at ValPtenberg, in March 1995)

* nurse:patient ratio

* communication (lack of interpreters)

* conditions in the wards (sexual assault and rape)

I propose that the human dignity of this voiceless group be protected by the new constitution in the following way:

1. A minimum nurse:patient ratio for chronic patients be defined by the Minister of Health and protected by the constitution.

  1. An ombudsman, not employed by the department of health, be charged with inspecting psychiatric hospitals to ensure that basic human rights are not being violated.

  1. Access to said ombudsman and Pro Deo legal counsel be provided in cases of suspected human rights abuses.


I would like to emphasise that the people to which I am referring are "wards of the state". The state, therefore, has a moral obligation to ensure that their rights are protected in the constitution.




Dr. Greg McCarthy M.B.B.Ch. F.F. Psych (S.A.)
Community Psychiatrist, Valkenberg Hospital