Navigating the complexities of the mentally ill and mentally incapacitated in the criminal justice system in South Africa

Hout, Marie Claire Van; Wessels, Jakkie

doi:10.1016/j.fsiml.2021.100068

Cited by 5 publications

(1 citation statement)

References 27 publications

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“…The Committee for the Prevention of Torture in Africa is concerned with the state of prisons in Africa. Scoping reviews and human rights assessments of African prisons document little improvement in the conditions of detention in the past 20 years and underscore the additional vulnerabilities of certain groups of prisoners (women, children, juveniles, the mentally ill and mentally incapacitated, and the disabled) in the system (Agomoh et al 2008;Van Hout and Mhlanga-Gunda 2018;2019a;2019b;Van Hout and Wessels 2021c). In terms of African Court on Human and Peoples' Rights jurisprudence, several African states (Nigeria, Malawi, Mauritania, Zaire, Burkina Faso, Tanzania, Rwanda) have been found in violation of the Charter's right to health as it relates to conditions of detention pertinent to a prisoners right to life, and prohibition of cruel, inhumane or degrading treatment concerning neglect, abuse and prison environments as conducive to spread of diseases (human immunodeficiency virus (HIV) and TB) and chronic ill-health (lack of safe and sufficient space, food, sanitation, hygiene and ventilation).…”

Section: Human Rights and Right To Health In Detention Environmentsmentioning

confidence: 99%

Using COVID-19 to Address Environmental Threats to Health and Leverage for Prison Reform in South Africa, Malawi and Zimbabwe

Hout¹

2022

Journal of Human Rights Practice

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Health rights of prisoners has long been a neglected political issue in Africa, where over one million people are detained, and almost half of whom are in pre-trial detention. African prisons constitute high-risk environments for communicable disease transmission. During the COVID-19 pandemic, the public health literature on African prison responses focused on preparedness as it related to testing capacity, quarantine practices and personal protective measures to mitigate disease spread. This article combines the right to health as narrowly defined by a prisoner’s right to access non-discriminatory equivalent health care, with a broader focus on assessing normative standards of detention. A comparative legal realist assessment of prison operations in South Africa, Malawi and Zimbabwe during COVID-19 state disaster measures is presented, focusing on the environmental determinants of health (ventilation, minimum floor space, water, sanitation, hygiene and nutrition) in prisons. It reveals the inherent tensions in ensuring a balance between respecting the fundamental rights of people living and working in prisons, ensuring adequate environmental health standards and mitigating disease during public health emergencies. Despite insufficient government resourcing and inadequate coverage of COVID-19 responses, few severe outbreaks were reported. This could be due to lack of testing, reporting or other factors (asymptomatic infection, acquired immunity). Prison congestion and unrest however affected prisoners and staff fearful of hazardous living and occupational health conditions. COVID-19 as public health emergency amplifies the need to address systemic deficits in infrastructure, resourcing and efficiency of criminal justice systems. Policy level and pragmatic recommendations for enhanced human rights practice are outlined.

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Section: Human Rights and Right To Health In Detention Environmentsmentioning

confidence: 99%

Using COVID-19 to Address Environmental Threats to Health and Leverage for Prison Reform in South Africa, Malawi and Zimbabwe

Hout¹

2022

Journal of Human Rights Practice

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The Judiciarization of People Living with Mental Illness: A Grounded Theory on the Perceptions of Persons Involuntary Admitted in Psychiatric Institution

Paradis-Gagné,

Holmes,

Bernheim

et al. 2023

Issues in Mental Health Nursing

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Inequities in Forensic Mental Health in South Africa and Recommendations for Service Development

Pillay

Kramers-Olen

Gowensmith

2023

International Journal of Forensic Mental Health

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The roots of South Africa's forensic mental health system are plagued by its colonial and apartheid legacy. Extensive forensic waitlists exist partly due to restrictive criminal justice legislation and an under-funded forensic mental health system, predicated largely on European norms and standards. There are several areas of concern in South Africa's forensic mental health system, which may be viewed as inequitable to Black Africans and other marginalized groups. Black Africans are over-represented in the forensic mental health system, and many defendants are not fluent in Englishthe official language of the courts. The absence of competency restoration can result in extended detention in forensic hospitals. People with intellectual disabilities are disproportionately targeted for sexual assault, and face significant barriers in attempts to achieve justice. Further, the colonial legacy of the rebuttable presumption of doli incapax (children presumed incapable of forming criminal intent) can affect determinations of children's criminal capacity. These issues warrant change, including introducing competency restoration, improving systems for testimony by sexual violence survivors with intellectual disabilities, reconsidering the rebuttable presumption in child justice matters, and using psychologists and outpatient evaluations to address the waitlists for forensic examinations. Comparisons are also made with US standards, challenges, and developments, especially in view of the authors' knowledge of both systems and the common challenges facing them.

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Navigating the complexities of the mentally ill and mentally incapacitated in the criminal justice system in South Africa

Cited by 5 publications

References 27 publications

Using COVID-19 to Address Environmental Threats to Health and Leverage for Prison Reform in South Africa, Malawi and Zimbabwe

Using COVID-19 to Address Environmental Threats to Health and Leverage for Prison Reform in South Africa, Malawi and Zimbabwe

The Judiciarization of People Living with Mental Illness: A Grounded Theory on the Perceptions of Persons Involuntary Admitted in Psychiatric Institution

Inequities in Forensic Mental Health in South Africa and Recommendations for Service Development

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