The World Mental Health is celebrated on the 10th of October every year to remind the world of the need to pay attention to our mental health. We all have mental health but some of us have mental health conditions. The theme of the 2023 World Mental Health Day is “Mental health is a human right”, it is an opportunity for people and communities to unite behind the theme ‘Mental health is a universal human right” to improve knowledge, raise awareness and drive actions that promote and protect everyone’s mental health as a universal human right.

It emphasizes that mental health is the basic human right of everyone and everywhere. It is the right of all persons all over the world irrespective of colour or creed to have access to affordable, effective quality and culturally attuned mental health promotion, mental illness prevention and mental health interventions.

In many parts of the world, especially in our subregion, the rights of persons with mental health conditions are being violated all the time. The time has come for the world to address this pathetic situation through the enactment of appropriate and compassionate mental health legislation all over the world. In Nigeria, the lunacy act of 1916 was effectively replaced by the National Mental Health Act which was signed into law on 28th January 2022 and gazette two days later.

National Mental Health Act 2021

The key objectives of the law are to establish a department of mental department of mental health services within the Federal Ministry of Health, that would provide direction for a coherent, rational, and unified response to the delivery of mental health services in Nigeria.

The law is to promote and protect the fundamental human rights and freedom of all persons with mental health conditions and ensure that the rights are guaranteed; ensure a better-quality life through access to integrated, well-planned, effectively organized and efficiently delivered mental health care services in Nigeria.

Section 15 of the National Mental Health Act affirms the right of a person with a mental health condition to mental health services, it states that “a person with a mental health condition has the right to appropriate, affordable, and accessible physical and mental health care and services.

Section 16 states that a person with a mental health condition is entitled to the same standard of care as a person with physical health problems and shall be treated on an equitable basis including quality of in-patient food, bedding, sanitation, buildings, levels, and qualification of staff, medical and related services, and access to essential medicines.

Part II of the National Mental Health Act enshrines the rights of persons with mental health conditions. Section 12 of the act states that a person in need of mental health and substance abuse services, irrespective of the cause, nature, or degree of past or present mental health condition shall have the same fundamental rights as a fellow citizen and not be subjected to discrimination.

It went on to state that a person with a mental health condition shall have the right to access medical, social, and legal services; and protection from physical and mental abuse and any form of exploitation, forced labour, violence, torture, cruel, inhuman, or degrading treatment or punishment, including chaining.

The law protects persons with mental health conditions from stigma and social exclusion. It guarantees engagement in educational and/or vocational activities for persons with mental health conditions, partake in leisure and recreational activities and ensures that they have access to take part in activities that promote the person’s social, physical, mental, and emotional well-being.

It stipulates humane and dignified treatment at any time concerning personal dignity and privacy, freedom of expression and opinion and access to information. It states that any person who witnesses any form of abuse against a person with a mental health condition shall report the incident immediately to the police.

The law also covers the rights of persons with mental health conditions to enjoy equal access to work and employment opportunities and shall have the right to receive remuneration for any work done, like that payable to a person without a mental health condition.

The National Mental Health Act went on to further state the responsibility of the employer to an employee who has a mental health condition; “where an employer has reasonable cause to believe that a worker is suffering from mental health condition severe enough to affect the work output of the worker, the employer shall assist the worker to seek medical advice or treatment”.

Conclusion

Persons under the burden of mental health conditions must never be deprived of their human rights or be excluded from decisions about their health and other life activities. Yet all over the world, people with mental health conditions continue to experience a wide range of human rights violations. Many are excluded from community life and discriminated against, while many more cannot access the mental health care they need or can only access care that violates their human rights.

Professor Taiwo Lateef Sheikh is a Professor of Psychiatry at Ahmadu Bello University, Zaria. He is a Member of the Advisory Committee to Africa CDC on NCDs, Mental Health and Injuries.

Promoting Universal Mental Health:

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