On the 21st of March 2026, South Africa celebrates Human Rights Day. This year, the SA Federation for Mental Health shine a light on the urgent need for young persons with intellectual disabilities (ID) to have equal access to justice, highlighting the Cape Town-based programme that helps young persons with ID to claim their rights to have equal access to justice.
Research shows that young persons with ID are two to six times more likely to experience sexual abuse than their peers without ID, and are less likely to report it.
Persons with ID are at risk of experiencing various forms of abuse, including personal or property crimes, bullying, financial abuse, and physical and sexual assault. According to researchers, the vulnerability of young persons with ID is increased by several factors, including limited communication and social skills, heavy reliance on caregivers, frequent changes in caseworkers, and a lack of sexual education.
Cape Mental Health Deputy Executive Director, Carol Bosch, says that experience has shown that most abuse is inflicted by someone known to the survivor, sometimes even someone in the household. She says:
It is important to emphasise that abuse is never part of care, and violence against persons with intellectual disability is a crime, not a misunderstanding or an accident”.
Experts argue the need for more research on the risks of abuse and violence faced by young persons with ID. Researchers also point out that communication difficulties or fear of consequences can make it harder for young persons with ID to report abuse to the authorities. Another concern is the reliance on others to report abuse on behalf of victims, as caregivers may be unaware of what is happening, or, in some cases, may themselves be responsible for the abuse.
This also means that access to justice is limited for young persons with ID, as many depend on caregivers for assistance. An intervention that has been shown to be effective in addressing this issue is Cape Mental Health’s Access to Justice (ATJ) programme. The programme was started over twenty years ago in response to the need to provide access to justice for persons with ID who had been sexually abused.
By upholding Section 9 of the South African Constitution (which states that ‘everyone is equal before the law and has the right to equal protection and benefit of the law’), the ATJ programme promotes inclusivity and societal change for persons with intellectual disabilities, breaking systemic barriers and discrimination, and enhancing prevention and response efforts. SAFMH would like to see this programme become available in all provinces of South Africa.
SAFMH Communications and Awareness Lead, Michel’le Donnelly, chatted with Carol Bosch to find out more about the ATJ programme and the hope it has brought to young persons with ID who have experienced abuse, and their families.
Listen to the interview below.
This Human Rights Day, we ask you to stand with us in advocating for the rights of young persons with intellectual disabilities. Together, we can ensure they receive equal access to justice and that their voices are heard.
For enquiries, please contact:
Michel’le Donnelly – Communications & Awareness Lead
CELL: +27 (0)79 799 6533
EMAIL: michel’le@safmh.org
