HEALTH Ministers of Commonwealth member states on Monday adopted a legislative framework to empower, protect and care for persons with mental disorders.
The move followed realisation that the mental health legislation in many member states is outdated and does not fulfill international human rights obligations towards persons with mental disorders.
Also, the Minister of Health, Prof. Onyebuchi Chukwu, on Monday told journalists that the country's mental health laws are out of date and the country needs new ones. "Now everybody is talking about mental health. Currently, there has been a draft Bill by the Federal Ministry of Health (FMoH) to look at our mental health laws. As you know, the last one was before Independence, so it is out of date and this is the reality," Chukwu said.
The Commonwealth document titled "Metal Health: A legislative framework to empower, protect and care; A Review of Mental Health Legislation in Commonwealth Member States" was presented to the ministers and delegates at the 66th World Health Assembly (WHA) in Geneva, Switzerland by Dr. Soumitra Pathare from the Centre for Mental Health Law and Policy, Indian Law Society, Pune, India. It was commissioned by Commonwealth Health Professions Alliance (CHPA) and funded by Commonwealth Foundation.
The review found that mental health legislation in 20 per cent of Commonwealth member states, including Nigeria was enacted prior to 1960, before modern medical treatments became available and before many of the international human rights instruments came into force.
The framework recommended, among other things, that Commonwealth member states should urgently undertake reform of mental health legislation, ensure that the legislation meets their obligations under international human rights treaties, in particular the Convention on Rights of Persons with Disabilities and consider providing financial and technical support to low and middle income member states to undertake mental health law reform. It also recommends thorough review of all legislation to comprehensively address all civil, political, economic, social and cultural rights of persons with mental disorders, introduce provisions to promote decision making in mental health legislation and involve persons with mental disorders and care-givers, apart from other stakeholders, in the mental health law reform process.
The Commonwealth Health Ministers Meeting Partners' Forum 2013 brought together civil society representatives and senior officials working in health sectors to discuss mental health legislation across the
Commonwealth. Together with the commissioned research, it gave civil society a stronger voice and clearer messages so that they can participate more effectively in advocating for mental health legislation and policy reform in their own environment.
The Guardian