As the world continues to manage emotional, psychological and mental stress, citizens in Nigeria should know the following key points about their mental health rights under the National Mental Health Act, 2021:
- The Act replaces the outdated Lunacy Act and provides a modern legal framework to protect the rights and dignity of people with mental health conditions, promoting non-discrimination and humane treatment.
- Persons with mental health conditions have the same fundamental human rights as others, including freedom from abuse, violence, torture, forced labor, and degrading treatment such as chaining.
- The law guarantees access to appropriate, affordable, and accessible mental health care integrated into all levels of healthcare, including primary and secondary facilities, improving availability beyond specialized institutions.
- Patients have the right to freely consent to or refuse treatment; involuntary admission and treatment require court approval and medical certification, protecting autonomy.
- The Act prohibits forced treatment, seclusion, or restraint except under strict conditions, with penalties for violations, ensuring protection from abuse in care facilities.
- Persons with mental health conditions can appoint legal representatives to make treatment decisions if they lack capacity, ensuring legal support and advocacy.
- The Act establishes a Mental Health Services Department and a Mental Health Fund to oversee enforcement, funding, and promotion of mental health rights and services nationwide.
- Despite the legal advances, challenges remain, such as limited mental health professionals and stigma, which organizations like the Mentally Aware Nigeria Initiative (MANI) are addressing through awareness and support programs.
In summary, Nigerian citizens with mental health conditions now have legally protected rights to dignity, non-discrimination, access to care, legal representation, and protection from abuse, marking a significant step forward in mental health care and human rights in the country.