Human rights are basic rights and freedoms that all human beings are entitled to. Human rights are inherent to all human beings regardless of race, sex, nationality, disability, religion or language (United Nations, n.d.).
The South African Human Rights Commission (2018) lists basic human rights everyone should know in accordance with the Bill of Rights. Every South African should familiarise themselves with these rights; the right to equality, human dignity, life, freedom and security, basic education, housing, personal privacy, freedom of expression, freedom of association.
Human rights became a global focus after the Universal Declaration of Human Rights was adopted by the United Nations General Assembly in 1948.
In the early 1960’s deinstitutionalisation of persons with psychosocial and intellectual disabilities in hospitals and institution was implemented in the United States and part of Europe, acknowledging the rights of mental health care users.
South African implemented the same approach officially in 2004 when the Mental Health Care Act 17 of 2002 came into effect.
In 2007, South Africa became one of the first 10 signatories of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). Article 5 of the UNCRPD, which deals with equality and non-discrimination, states that all signatories shall ‘prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds’.
Mental disabilities form part of the overall disability sector and are protected under all the relevant policies and legislation that aims to protect the rights of persons with disabilities. Some of the policies and legislation that protect rights of persons with disabilities (including mental disabilities) are available here.
A human rights violation can be described as an infringement of rights as stipulated in the Constitution of South Africa’s Bill of Rights. All laws must be in line with the Bill of Rights, however, human rights violations can happen in any environment – in the workplace, educational setting, in the health care system and in the community.
It is important for people to have avenues for support should they feel that their human rights have been violated in anyway.