Friday, 23 May 2014

Mozambique man with psycho-social disability amputated

A 46 year old man of Maputo was amputated after developing injuries around his wrist due to chaining within the hospital. The named gentleman lives in Maputo, Mozambique with his father, sister and nephew. He has brought his complaint to our Maputo paralegal partners, the Forum for Disability Organisations in Mozambique.

The named man says that he has been living with the psycho-social disability since the age of 24. All along he has been receiving traditional medicine and it kept him stable. In 2013, his traditional healer died. So, he could not continue with his traditional therapy. This led to having him develop a crisis. In December, 2013 he was rushed to Maputo Central Hospital. Just because he tended to be violent, he was tied up with wires around his wrists. He continuously complained about serious pain to the hospital staff but they ignored him. “I remained in pain all the time I was in hospital,” he said in Portuguese.

After some days, he was discharged and released to go home. Upon reaching home, he complained of serious pain so the uncle and sister took him back to the hospital but this time at the surgical section. The doctor prescribed amputation. The gentleman says that since he was experiencing great pain he agreed to be amputated. His two relatives confirmed this. He was amputated.

The gentleman and his relatives want to take action against the hospital for tying him and causing injury, leading to amputation. The Maputo paralegal team is putting together facts to ensure the matter has sufficient legal merit to proceed with court action.

Definitely the man was not supposed to be tied to such an extent as to cause such bodily harm. Someone must account for this. It is for a long time since we have been calling for restraint from medical personnel and the society from subjecting people with psycho-social disabilities when they tend to be violent. The manner in which the said gentleman was treated is equivalent to torture, inhuman and degrading treatment and punishment. His mental and physical integrity was also injured. His liberty and security of person was also injured by these medical personnel. The liberty issue could have been justified but it was extreme and reasonable accommodation should have been provided. Today, the gentleman suffers double impairments, psycho-social and physical impairments. Tragedy! His functional capacity is now restricted and his ability to physically work is now limited. The amputation may cause the aggravation of his mental state.

It is thus very important for governments to put in place laws that recognize people with different mental impairments as people just like any other person. Such mental health laws should outline the rights of people with mental illnesses as they receive mental health care services. Tied, chaining and beating should be banned and considered an offence. Mozambique does not have a mental health law in place. It has a draft Bill but that Bill does not comply with international human rights principles. Other countries in Africa have got colonial era Laws that treat people with mental illnesses as lunatics meant to be kept in prisons. Malawi has a draft Bill which does not comply with international human rights principles. So, what prevails is the colonial law of 1949. Zambia produced a Mental Health Bill this year. It is yet to be submitted to the Ministry of Justice. It somehow attempts to comply in some sections. We would to see this Bill pushed to Parliament in the next sitting for enactment. Let us all stand up to protect the rights of our beloved comrades.

Wamundila Waliuya.

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