Application of International human rights law to mental health in Nigeria.
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Date
2023
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Faculty Of Law, Obafemi Awolowo University.
Abstract
This study appraised the practice of protection and management of mental health in the framework of extant national laws in Nigeria. It analysed the provisions of international human rights laws applicable to protection and management of mental health. Furthermore it discussed the phenomena of gross violation of the rights of persons with mental disability in Nigeria. Moreover, it assessed the level of compliance of the existing legal framework for the protection of the human rights of the mentally disable in Nigeria with regard to international human rights laws. These were done with a view to assess the impact of international human rights laws to
mentalhealthinNigeria.The study relied on primary and secondary sources of information. The primary sourcecomprised oftheNigerian Constitution 1999 as amended, the National Mental Health Act, 2021,the recently repealed Lunacy Act, 1958, international laws, conventions and treaties like the International Bill of Human Rights, UN Charter, the African Charter on Human and Peoples’ Rights, International Convention on the Rights of Persons with Disabilities and other instruments relevant to mental health like the United Nations Principles on Protection of Persons with Mental Illness and Improvement of Mental Healthcare and the Nigerian National Policy on Mental Health. The secondary source comprised of books, journal articles, conference proceedings, newspapers, magazines and the internet. The study made use of unstructured interviews. The
interviews were conducted on key purposively selected informants made up of six consultant psychiatrists, two Psychologists, two Psychiatric Nurses, two Social Workers, one Occupational Therapist and five persons with mental disabilities. The information gathered was subjected to content analysis.
The study revealed that the mental health management in Nigeria was being carried out without paying attention to the inadequacies inherent in the existing legal framework on the subject matter in Nigeria. Factors responsible for this to a great extent are the inadequate provisions in the existing laws. Result further showed that there are provisions within the international human rights laws if embraced within the Nigerian domestic laws could have enhanced the life of persons with mental disabilities in Nigeria. Result further revealed that phenomena of the violation of the rights of persons with mental disabilities are rampant. Moreover, the study revealed that the existing legal framework for the protection of persons with mental disabilities were not in compliance with international human rights laws.
The study concluded that international human rights law provisions presently were not being complied within the management of mental health in Nigeria.
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xxi, 358p
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Citation
Koyejo, L.B.(2023). Application of international human rights law to mental health in Nigeria. Faculty Of Law, Obafemi Awolowo University.