Asked by the Customer on 22-10-2016 16:36:02
Question posted in the Consumer Protection Law category relating to Western Cape

Within the past two days, I have had the same question from two different parents in two different provinces with exactly the same story: The parents are forced to use the school's prescribed doctors, they are not allowed to go to different doctors; the children must go onto Ritalin or the school won't accept them. I have heard similar stories many times before, and I know of other schools which have the same practice. (I can name them upon request.) I am an autistic activist and I try to bring attention to medical research in respect of health conditions affecting autistic people. There are good reasons why many autistic children and children with ADHD should NOT be on this medication, which I can explain using research evidence. These include adverse reactions such as seizures and sensory overload based on side effects resulting from epigenetic factors. (I have been on this and other medications myself, and I am not saying they are always wrong -- I am not driving a Big Pharma conspiracy case.) Whichever way, I do know that the practice of withholding access to school is against the constitutional rights of the children and the parents. I also know that many of the paediatric neurologists and other specialists in this area are NOT reading the relevant medical literature which is published in international journals, and the area of sensory dysregulation is not adequately addressed by most medical practitioners and clinical nutritionists, who are unaware of key factors such as channelopathies and NOS dysregulation. Past experience with autism organisations like Autism South Africa has shown that they do not seem to have the means, capacity, knowledge or political will to fight human rights abuses in respect of autistic children, and there is also a possible conflict of interest, as many of these schools and their appointed experts seem to be members of such organisations. We have tried on numerous occasions to bring attention to the latest research, but they do not seem to have the ability to understand or to disseminate it, and even less to ensure that it is followed. (In spite of having medical practitioners amongst their senior members.) What I would like to know is how parents should go about getting their children's rights respected. Many parents are themselves genetically predisposed to anxiety disorders, and feel afraid to confront the schools themselves, knowing also that their children may be victimised if they do not comply. My question is, what advice do you have for them? Is this a matter for the HRC, the Minister of Education, the Minister of Health, or will they be more effective if I encourage them to start a class action? What is the first step?