Mental Health and Suicide: At the Crossroad of a Static Law

2020 ◽  
pp. 1-22
Author(s):  
Titilayo Aderibigbe
Keyword(s):  
Mental Health ◽  
Mentally Ill ◽  
Mental Healthcare ◽  
Legal Protection ◽  
Psychological State ◽  
Health Law ◽  
Mental Health Law ◽  
Colonial Legacy ◽  
Responsibility Of Government ◽  
Penal Codes

Abstract Historically, mental health has been clothed in secrecy in Nigeria. The mentally ill were sequestrated, disregarding their rights. Often victimized, they become suicidal without societal empathy and legal protection. Mental health law remains static, a Colonial legacy. Changing needs of society, socio-economic vicissitudes/depression affected the mental state of many Nigerians, which subsequently drove some to attempt suicide. Under the moribund Lunacy Act 1958, the Criminal and Penal Codes 2004, attempted suicide is criminalised, further exacerbating the psychological state of the suicidal. Government is reluctant to amend the Lunacy Act, along extant societal reality. This article examines the historical and social antecedents of the Lunacy Act, its relevance to mental healthcare; the socio-cultural factors impeding its amendment; and the Mental Health Act Bill. It concludes that these laws do not secure constitutionally guaranteed social responsibility of government. Nigeria has reached a crossroad. Citizens must demand that Government ensure reform of the mental health law.

scholarly journals Mental health law in Ghana

2017 ◽  
Vol 14 (2) ◽  
pp. 38-39 ◽  
Author(s):  
George Hudson Walker ◽  
Akwasi Osei
Keyword(s):  
Mental Health ◽  
Mental Disorders ◽  
Health System ◽  
Mental Health System ◽  
Mental Healthcare ◽  
Health Law ◽  
Community Based ◽  
Mental Health Law ◽  
Mental Health Act ◽  
New System

In 2012 Ghana passed a new Mental Health Act, which aimed to create a new system of mental healthcare in Ghana. The Act includes provisions for the creation of a modern, community-based mental health system and for the protection of the rights of persons with mental disorders. This article discusses the implications of the Act and the progress which has been made towards its implementation.

scholarly journals Mental health law in Colombia

2015 ◽  
Vol 12 (4) ◽  
pp. 92-94 ◽  
Author(s):  
Roberto Chaskel ◽  
James M. Shultz ◽  
Silvia L. Gaviria ◽  
Eliana Taborda ◽  
Roland Vanegas ◽  
...  
Keyword(s):  
Mental Health ◽  
Policy Development ◽  
Mental Healthcare ◽  
Epidemiological Data ◽  
Health Law ◽  
Mental Health Law ◽  
The Past ◽  
Law And Policy ◽  
Laws And Policies ◽  
Health Laws

Mental health law in Colombia has evolved over the past 50 years, in concert with worldwide recognition and prioritisation of mental healthcare. Laws and policies have become increasingly sophisticated to accommodate the ongoing transformations throughout Colombia's healthcare system and improvements in mental health screening, treatment and supportive care. Mental health law and policy development have been informed by epidemiological data on patterns of mental disorders in Colombia. Colombia is distinguished by the fact that its mental health laws and policies have been formulated during a 60-year period of continuous armed conflict. The mental health of Colombian citizens has been affected by population-wide exposure to violence and, accordingly, the mental health laws that have been enacted reflect this feature of the Colombian experience.

Shared dilemmas, choice and autonomy in the management of psychosis: a phenomenological analysis

2015 ◽  
Vol 20 (4) ◽  
pp. 256-266 ◽  
Author(s):  
Simon Wharne
Keyword(s):  
Mental Health ◽  
Social Worker ◽  
Mental Healthcare ◽  
Phenomenological Approach ◽  
Research Approach ◽  
Health Law ◽  
Mental Health Law ◽  
Content Type ◽  
Hermeneutic Phenomenological ◽  
And Control

Purpose – When detaining and enforcing treatment, psychiatric services often assumed that the person is separate from their dysfunctional biology and removed from their social context. Coproduction is hindered by polarised views where one party holds power and others are not able to promote their views. But if biomedical models are abandoned, ethical grounding for mental health law would be lost. The purpose of this paper is to explore the experience of detaining and being detained, clarifying understandings of trust, illness, personhood and control. Design/methodology/approach – A hermeneutic phenomenological approach was employed. Findings – A Social Worker and man who suffers from psychosis report that their choices are limited by mental health law. They both experience themselves as passive. The man rejects society and withdraws to avoid stress; while the Social Worker just follows legal guidelines. Interaction in mental healthcare is experienced as lacking trust, involving threat, but sometimes negotiation is possible. Control over illness is associated with having a choice of treatments. Psychosis is not experienced as a separate illness process and control is exercised over the person rather than that illness. Research limitations/implications – This was a small qualitative study designed to prompt discussion and inform further research and policy review. Practical implications – To enable coproduction, detention or enforced treatment should be grounded more firmly in morality or criminal justice. Social implications – People who suffer psychosis could be understood and their views more often accepted. Originality/value – An innovative research approach is used to bring new understanding.

scholarly journals Mental health law in Cyprus

2018 ◽  
Vol 15 (4) ◽  
pp. 81-83
Author(s):  
Eleni Palazidou ◽  
Anna Polyniki
Keyword(s):  
Mental Health ◽  
Mentally Ill ◽  
Health Law ◽  
Court Order ◽  
Mental Health Law ◽  
Major Shift ◽  
The Republic ◽  
Republic Of Cyprus ◽  
And Function ◽  
Correct Implementation

The current Law for Psychiatric Care in the Republic of Cyprus was enacted in 1997 with amendments made in 2003 and 2007. The mental health law makes provision for the development and function of Psychiatric Centres for the care of the mentally ill. In contrast to the old Mental Health Law there is a major shift from a custodial approach to community care. Compulsory admissions under the Act, which require a Court Order, are made to a designated secure psychiatric in-patient unit. The protection of patients' human rights is at the core of the Act.The Mental Health Commission, a Supervisory Committee and designated body for the Protection of the Rights of the Mentally Ill, assists in the correct implementation of the Mental Health Law. The Commission has a primarily advisory role but it is actively involved in monitoring the implementation of the Mental Health Law.

scholarly journals Rescinding responsibilities as nearest relative and displacing the nearest relative

1994 ◽  
Vol 18 (11) ◽  
pp. 665-667 ◽  
Author(s):  
Fiona Cooke ◽  
Julia Watkins ◽  
Clive Adams
Keyword(s):  
Mental Health ◽  
Case Report ◽  
Mentally Ill ◽  
Health Law ◽  
Mental Health Law ◽  
Mental Health Act

A case report is presented which highlights two important, but rarely evoked, aspects of mental health law. In this case, the mentally ill person's nearest relative did not wish to act as such and rescinded his responsibility in favour of another. This other person objected to the use of section 3 of the Mental Health Act 1983 and displacement of her as nearest relative was considered. Some cases from the literature are cited to help clarify the meaning of “unreasonable objection” as used in the Mental Health Act 1983.

scholarly journals Mental health law in Montenegro

2016 ◽  
Vol 13 (4) ◽  
pp. 94-95 ◽  
Author(s):  
Lidija Injac Stevovic ◽  
Tatijana Perunovic Jovanovic ◽  
Aleksandra Raznatovic
Keyword(s):  
Mental Health ◽  
Mentally Ill ◽  
Action Plan ◽  
Health Law ◽  
Short History ◽  
Mental Health Law ◽  
The Law

This paper discusses the services and treatments that are offered in Montenegro to persons who are mentally ill. A short history is given. The law on the protection of the rights of patients who are mentally ill is described, along with the regulations governing voluntary and forced treatment. An action plan for promoting mental health has been partly already realised but some of its aims still need to be accomplished.

scholarly journals Mental healthcare in Brunei Darussalam: recent developments in mental health services and mental health law

2014 ◽  
Vol 11 (4) ◽  
pp. 100-102 ◽  
Author(s):  
Hilda Ho
Keyword(s):  
Mental Health ◽  
Mental Health Services ◽  
Health Services ◽  
Mental Healthcare ◽  
Health Law ◽  
Mental Health Law ◽  
Priority Areas ◽  
Brunei Darussalam ◽  
Recent Developments

Mental health services and legislation in Brunei Darussalam have undergone a period of development and reform. This paper describes the challenges met, recent innovations and priority areas for the next 10 years.

scholarly journals Mental health law in Qatar

2013 ◽  
Vol 10 (4) ◽  
pp. 88-90 ◽  
Author(s):  
Mohammed T. Abou-Saleh ◽  
Mohamed Abdelalaim Ibrahim
Keyword(s):  
Mental Health ◽  
Mental Health Services ◽  
Health Services ◽  
Mentally Ill ◽  
Common Law ◽  
Health Law ◽  
Mental Health Law ◽  
Health Strategy ◽  
Ongoing Development ◽  
National Mental Health

This article provides a brief outline of mental health services in Qatar, historical notes on the use of informal traditional conventions under common law for the care under compulsory conditions of people who are mentally ill and information on the ongoing development of the Mental Health Law and its key provisions in the context of the new National Mental Health Strategy.

scholarly journals Legal regulation of mental healthcare provision in Russia

2015 ◽  
Vol 12 (01) ◽  
pp. 17-18 ◽  
Author(s):  
N. G. Neznanov ◽  
V. Vasileva
Keyword(s):  
Mental Health ◽  
Healthcare System ◽  
Mental Healthcare ◽  
Legal Regulation ◽  
Health Law ◽  
Healthcare Provision ◽  
Mental Health Law ◽  
Patients Rights ◽  
Involuntary Hospitalisation

The article describes the changes that have taken place in the mental healthcare system in Russia since a new mental health law came into force. The focus is on involuntary hospitalisation and the guarantee of patients' rights.

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