Abstract :

Mental health is widely recognised as an important part of the proper functioning of an individual and contributes to the overall well-being of a person. A human rights based approach states that all members of society should be catered for in the eyes of the law and have equal access to justice. However, there is not much importance placed on mental health in the Republic of Zambia and there is a lot of discrimination against persons with mental conditions. The aim of this research is to critically appraise the Mental Health Act of 2019 and hereafter educate the public on mental health. Inaddition, the research seeks to investigate how Zambia has dealt with mental health, analyse the improvements made in the Mental Health Act, 2019, and make proposals for solutions to the shortcomings identified in how the provisions of the law are carried out.

This research was essentially desktop based and reviewed statutes. The desk review involved the qualitative analysis of the provisions of the Mental Health Act in determining its significance. Analysis of books, articles, and other various online sources was also used to collect the information contained in this research.

The findings revealed that the legislation on mental health in Zambia is progressive but lacks practicality. There are no workable guidelines, either legislative or judicial, which accommodate persons living with varying degrees of mental challenges. Arising out of this analysis it is recommended that the Mental Health Act should be amended to include in-depth definitions of the major conditions that could affect members of the public and incorporate mental health services in existing health establishments to increase access to these facilities by people with mental health difficulties.

---

Keywords :

Appraisal, Judicial System, Mental Health, Zambia

---

References :

1. Benedet J and Grant I, ‘Sexual Assault and the Meaning of Power and Authority for Women with Mental Disabilities’ (2014) 22 131 https://link.springer.com/article/10.1007/s10691-014-9263-3
2. Chainama Hills Hospital College’ (ZambiaYP)

<https://www.zambiayp.com/company/8297/Chainama_Hills_Hospital_College>

3. Hunt P and Mesquita J, ‘Mental Disabilities and the Human Right to the Highest Attainable Standard of Health’ (2006) 28 332 http://www.jstor.org/stable/20072740
4. Hyman, S, Chisholm, D, Kessler, R, Patel, V, and Whiteford,H (2006) Mental Disorders (Chapter 37), Oxford University Press, New York)
5. Kalunga FK and Nkhata CM, ‘Protection of the Rights of Persons with Mental Disabilities to Liberty and Informed Consent to Treatment: A Critique of Gordon Maddox Mwewa& Others v Attorney-General & Another’ (2018) 6
6. Kanguya T and others, ‘Mental Health Comorbidity In HIV-Positive Zambian Adults Who Consume Alcohol’ (2020) 30 <https://search.proquest.com/docview/2476157690>
7. Kapungwe A ‘Mental Illness–Stigma and Discrimination in Zambia’ (2010) 13 192

<https://www.ncbi.nlm.nih.gov/pubmed/20957318>

8. Lamers SMA ‘The Impact of Emotional Well-Being on Long-Term Recovery and Survival in Physical Illness: A Meta-Analysis’ (2012) 35 538 <https://www.narcis.nl/publication/RecordID/oai:ris.utwente.nl:publications%2Ffdcb9e99-3a53-4430-958f-feece529db3c>
9. F, ‘Zambia High Court calls for Review of Mental Health Law’ (2017) Validity
10. P and Kashdan. T, ‘The Importance of Functional Impairment to Mental Health Outcomes: A Case for Reassessing Our Goals in Depression Treatment Research’ (2009) 29 Clinical Psychology Review 243 <https://linkinghub.elsevier.com/retrieve/pii/S0272735809000063>
11. ‘Mental Disorders’ (2022) World Health Organization
12. J, ‘History Of Mental HealthIn Zambia’ (2020)<https://www.youtube.com/watch?v=L_lhgl6PG_g&t=8s
13. Munakampe MN, ‘Strengthening Mental Health Systems in Zambia’ (2020) 14 International Journal of Mental Health Systems 28 <https://ijmhs.biomedcentral.com/articles/10.1186/s13033-020-00360-z>
14. E, ‘Mental health vis-à-vis family support’ (2020) Zambia Daily Mail Limited
15. J and Beezhold. J, ‘Mental Health in Zambia – Challenges and Way Forward’ (2009) 6 International Psychiatry 39 <https://www.cambridge.org/core/product/identifier/S1749367600000424/type/journal_article>
16. P, ‘Removing Obstacles to Mental Health Care – Over the Phone’ (2021) Global Press Journal
17. M, et al, ‘No Health without Mental Health’ (2007) 370 The Lancet 859 <https://linkinghub.elsevier.com/retrieve/pii/S0140673607612380>
18. M. R, et al, ‘Investigating Court Accommodations for Persons with Severe Communication Disabilities: Perspectives of International Legal Experts’ (2021) 23 Scandinavian Journal of Disability Research 224 http://www.sjdr.se/articles/10.16993/sjdr.779/