The realisation of the right to mental health care of children and adolescents with clinical depression

Abstract

Due to its significant influence on socio-economic output, educational attainment, and human development, mental health has taken centre stage in discussions surrounding global health. The importance of the healthy development of children and adolescents for overall societal welfare and shaping a country's future as upcoming leaders, employees, and parents cannot be ignored. An international legal framework consisting of an all-inclusive set of yardsticks and systems for protecting the human rights of individuals globally recognises the right of access to health care as a fundamental right. The international legal framework for children's rights, concomitantly, recognises children as individuals having access to human rights. In noticing the detrimental consequences of mental illnesses such as clinical depression on the youth, this study aims to explore the extent to which South Africa is complying with international standards regarding the realisation of the right to health care for children and adolescents diagnosed with clinical depression. Regarding the right to healthcare for children and adolescents, including those with mental health disorders, South Africa has a strong legal and regulatory framework that de jure complies with international norms such as section 27 and 28 of the Constitution. The de facto implementation of the access to healthcare for children and adolescents with clinical depression in South Africa faces substantial obstacles, such as a lack of child and adolescent psychologists and psychiatrists, despite the country's robust legislative and administrative framework. The objectives of the study are: to analyse the right of children and adolescents to mental health care services, discuss the current position in international law regarding the duty to realise children and adolescent's right to mental health care, explore the legal duty of the South African State to realise children and adolescent's rights to mental health care and, lastly recommend ways in which the State can effectively comply with its legal duty. Data was generated through a thorough review of existing literature. This enabled the researcher to consolidate and analyse existing knowledge in the field of International Child Law with the aim of contributing to this field by offering guidance for enhancing current practices in South Africa to give effect to the right of access to health care in ii future. International, regional and national law, as well as case law, were used as primary sources. As secondary sources, peer-reviewed journal articles and edited academic books were employed. Findings indicate that South African national legislation aligns with international law pertaining to the right of access to health care, which the State is obliged to ensure. However, South Africa continues to experience significant challenges to effectively realise children and adolescents' right of access to health care despite having a strong legal framework guaranteeing and protecting children and adolescents' rights. Barriers such as societal stigma, a lack of resources, inadequate funding, and poorly implemented policies continue to restrict access to mental health services. As such, it is recommended that South Africa needs to prioritise mental health through practical reforms, allocation of more funding to the health sector, and establishment of inclusive, community-based care to which equal access is ensured if it is to fully realise this right. The effective implementation of legislation requires a political will to invest in community-based mental health services, run awareness campaigns, and integrate mental health into primary health care.