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Rethinking legal standards to include the neurodivergent mind
The law must adapt to different ways of processing
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By Peter Clark (Senior Editor, Autism Info Center) Wednesday 13th May 2026 |
The South African legal system is facing calls to modernize its understanding of human behavior by incorporating the principles of neurodiversity into its standards of reasonableness.
Legal experts argue that the traditional reasonable person test is often based on neurotypical expectations of social cues, communication, and sensory processing.
This can lead to unfair outcomes for autistic people or those with ADHD, whose responses to high-stress situations may be misinterpreted by the courts.
For example, a person who fails to make eye contact or who responds literally to language may be seen as evasive or dishonest, when they are simply displaying common neurodivergent traits.
The proposed reforms would allow for expert testimony to explain how a person's neurodevelopmental condition might affect their perception of danger or their ability to follow standard social protocols.
This approach does not seek to exempt people from the law, but rather to ensure that the law is applied fairly by acknowledging the natural variation in how human brains function.
By moving away from a one-size-fits-all model of behavior, the justice system can better protect the rights of all citizens.
This shift is seen as a critical step in fulfilling the constitutional promise of equality and dignity for people with disabilities.
Integrating neurodiversity into legal practice represents a broader movement toward a more inclusive and empathetic society that values all forms of cognitive difference.
Source: Daily Maverick (South Africa)
https://www.dailymaverick.co.za/article/
Further reading, listening and viewing...
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