Transformative equality: court accommodations for South African citizens with severe communication disabilities

Background: Persons with disabilities are generally at greater risk of experiencing violence than their peers without a disability. Within the sphere of disability, individuals with severe communication disabilities are particularly vulnerable and have an increased risk of being a victim of abuse or violence and typically turn to their country's criminal justice system to seek justice. Unfortunately, victims with disabilities are often denied fair and equal treatment before the court. Transformative equality should be pursued when identifying accommodations in court for persons with communication disabilities, as the aim should be to enable such individuals to participate equally in court, without barriers and discrimination. Objectives: This research aimed to identify court accommodations recommended by legal experts, which could assist individuals with severe communication disabilities in the South African court. Method: A qualitative design was used to conduct a discussion with a panel of legal experts. Results: Using Article 13 (Access to Justice) of the Convention on the Rights of Persons with Disabilities (CRPD) as a human rights framework, four themes were identified: equality, accommodations, participation and training of professionals. Conclusion: Foreign and national law clearly prohibits discrimination against persons with communication disabilities because of their disability and state that they should be given fair and equal access to the court system. For transformative equality to be achieved, certain rules and laws need to be changed to include specific accommodations for persons with communication disabilities so that they may be enabled to participate effectively in court in the criminal justice system

Assessing the Effects of Anti-Homosexuality Legislation in Uganda on HIV Prevention; Treatment; and Care Services

Uganda's response to the HIV epidemic has been lauded for its robustness and achievements. However; a key component of HIV prevention programming has been missing; for men who have sex with men (MSM). The main reason cited has been criminalization of male homosexual behavior. In 2009; the Anti-Homosexuality Bill (AHB) was introduced in the parliament to enhance existing anti-homosexuality law. A multi-disciplinary team made a Health Impact Assessment of the proposed AHB. The bill as tabled would severely increase punishments; increased closeting. Social capital of MSM would be eroded by clauses mandating reporting by friends; relatives; and acquaintances. Health-care professionals would have to inform on homosexuals. Mandatory HIV testing would be a blow to programming. Probable disclosure of HIV status in a public space (court) would also be a deterrent. Heftier punishments for those testing positive increases stigma and hobbles subsequent care. The AHB argues for exclusion; and more discrimination targeting persons living with HIV and sexual minorities. It will exacerbate the negative public health consequences of the existing legislation. The government of Uganda should review guidance documents published by authoritative bodies including the World Bank; World Health Organization to develop and bring to scale Human rightsaffirming HIV prevention; treatment; and care responses

A 4-year review of psychiatrists' participation in prosecutorial workshops on criminal capacity

Objective. The objective was to review psychiatric involvement in seven prosecutorial workshops on criminal capacity between 2004 and 2009. The aim was to evaluate the changing role of the psychiatrists in the workshops in order to identify areas in forensic psychiatry where prosecutors have a specific need for training; and to identify more suitable methods of training. Method. The workshop programmes; copies of presentations; the number of attending prosecutors at each workshop; informal personal notes from the presenters; suggestions from meetings in preparation for workshops and formatted feedback reports were reviewed. Information from a total of seven workshops was reviewed and interpreted by 2 psychiatrists from Weskoppies Hospital Forensic Psychiatry Unit (WHFPU). Results. The psychiatrists' involvement increased over the years. Problematic topics that were identified include non-pathological criminal incapacity; child psychiatry and the different roles of the psychiatrist and the psychologist in court. Exposure to practical aspects; interactive workshops with case presentations; discussion groups and audience participation seemed to be the preferred method of training. Attitudes of prosecutors towards psychiatry improved with increased knowledge and understanding of the field; and overall the training was rated as relevant and enriching. Conclusion. Psychiatrists can offer valuable training opportunities to legal professionals about the major mental illnesses and how they can affect criminal capacity; but evaluation of the training should be an ongoing process to address changing needs. Training sessions provide an opportunity for reciprocal sensitisation between the different fields. The ultimate goal is to work towards improved association between the criminal justice and mental health systems