A Critical Appraisal of the Law Protecting Persons with Mental Health Conditions in Zambia

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.