{"title":"Mental Health and Suicide: At the Crossroad of a Static Law","authors":"T. Aderibigbe","doi":"10.1163/17087384-12340057","DOIUrl":null,"url":null,"abstract":"\nHistorically, 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.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"13 1","pages":"1-22"},"PeriodicalIF":0.2000,"publicationDate":"2020-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/17087384-12340057","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"African Journal of Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/17087384-12340057","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
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.
期刊介绍:
The African Journal of Legal Studies (AJLS) is a peer-reviewed and interdisciplinary academic journal focusing on human rights and rule of law issues in Africa as analyzed by lawyers, economists, political scientists and others drawn from throughout the continent and the world. The journal, which was established by the Africa Law Institute and is now co-published in collaboration with Brill | Nijhoff, aims to serve as the leading forum for the thoughtful and scholarly engagement of a broad range of complex issues at the intersection of law, public policy and social change in Africa. AJLS places emphasis on presenting a diversity of perspectives on fundamental, long-term, systemic problems of human rights and governance, as well as emerging issues, and possible solutions to them. Towards this end, AJLS encourages critical reflections that are based on empirical observations and experience as well as theoretical and multi-disciplinary approaches.