The National Human Rights Commission (NHRC) has urged the three tiers of government to give effect to implementation of the National Mental Health Act (2023) in other to enhance realization of Mental Health Rights in Nigeria.
It further advocated for humane treatment of Persons with Mental Health Conditions, psycho-social or cognitive disabilities – as they also ought to be beneficiaries of Right to Dignity of the Human Person.
In alliance with other Mental Health advocates, the Commission was at the forefront of advocacy for legislative intervention in the area of mental health in Nigeria. This culminated in the Presidential Assent in January 2023 to the Mental Health Bill earlier passed into law by the National Assembly in 2021.
The National Mental Health Act therefore represents a commitment of government to progressively realize right to health pursuant to its obligation under the International Covenant on Economic , Social and Cultural Rights. Remarkably, the Act reaffirms Mental Health as a Human Right.
The NHRC Executive Secretary, Dr. Tony Ojukwu who spoke as the World marks the 2023 Mental Health Day, noted that this is symbolic having been eloquently reechoed in the theme for 2023 World Mental Health Day which is “Mental Health is a Universal Human Right’.
According to him, “The right to health is all encompassing of the various health components including mental health as acknowledged by World Health Organization and guaranteed by the Convention on Economic, Social and Cultural Rights as well as the African Charter on Human and Peoples Rights.
“The constitution also provides for Right to Health in Chapter 2 and there are government efforts to give effect to the right by other domestic legislation such as National Health Act (2014). Furthermore, the UN Convention on Rights of Persons with Disabilities reaffirms that all persons with all types of disabilities must enjoy all human rights and fundamental freedoms.This includes Mental Disability!
“Having passed the Mental Health Bill into law and subsequent Presidential assent , what next? How have the spirit and letters of the legislation been operationalized ? How available is Mental Health care in the country? How accessible are they? Are they affordable?
” It needs to be underscored that Availability, Accessibility and Affordability are central to government obligation in relation to all economic, social and cultural rights.
“The National Human Rights Commission therefore urges government to take further progressive steps to give effect to the legislation in order to enhance mental health in Nigeria.”
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