APPRAISAL OF THE RIGHTS OF MENTAL HEALTH PATIENTS

Abstract

The rights of mental health patients in Nigeria remains a significant social and legal issue, often leading to discrimination, social exclusion, and the denial of fundamental rights. This research critically examined the phenomenon from a legal perspective, exploring the existing legal frameworks and their effectiveness in protecting the rights of individuals with mental health conditions. The study is aimed at appraising the rights of mental health patients in Nigeria. This research employed doctrinal methodology, anchored on appraisal and comparative analysis. In the course of the research, it was found that there are inadequate legal framework protecting the rights of mental health patients. In addition, there is weak enforcement of the extant mental health laws, inadequate mental health infrastructure, and low public awareness of the legal rights. To address these issues, the research recommends, that the constitution be amended, to provide the right to mental health as an enforceable right in Nigeria. In addition, special courts that can entertain and adjudicate all matters relating to mental health should be established. Ultimately, the research highlighted that although there is paucity of extant legal framework protecting the rights of mental health patients, the enforcement of the relevant extant laws remains a challenge, hence, the need for stronger enforcement mechanisms, increased advocacy, and a shift in societal attitudes toward mental health. The role of the law in mitigating stigma and fostering a more inclusive society is emphasized as a critical step toward achieving mental health justice in Nigeria.