Reimagining mental health rights protection in Nigeria: Legal and institutional dimensions

Persons with mental health conditions around the world, including Nigeria, experience human rights violations either while receiving treatment or while carrying out their daily activities and need adequate protection. Contrary to the 1958 Lunacy Act, which included discriminatory terms and failed to protect the rights of persons with mental health conditions, the newly enacted Mental Health Act 2021 aligns more with international standards as it promotes and protects these rights. The study employs a qualitative research methodology to analyse the rights of persons with mental health conditions established in the Mental Health Act. It identifies the challenges that would restrict the effectiveness of the Mental Health Act and prevent the realisation of the rights of PWMHC. The study specifies that insufficient budgetary allocation to Mental Health Systems, inadequate resources of PWMHC to access treatment, lack of knowledge of the existence of the Act and its human rights provisions and limitations in accessing justice must be addressed to promote an efficient mental health system that complies with extant legislation. It concludes that the protection of the rights of PWMHC in Nigeria is a priority, and appropriate steps must be promptly taken to make this a reality.