24th January,
2022
Global Disability Summit 2022
Commitments
to create a more Disability Inclusive Zambia – Delivering Quality Health
Many
persons with disabilities in Zambia still bemoan the quality of health they
receive in comparison with other persons who do not have disabilities. They
believe that the quality of health they receive is not of the same standard as
that delivered to persons without disabilities. This is a paradox because
persons with disabilities attend the same health facilities, with the same
health professionals and maybe the same medicines and other medical services.
Anyway,
what persons with disabilities and their representative organisations are
saying is that they encounter different barriers that tend to hinder them from
accessing the quality of health they deserve. In simple terms, persons without
disabilities do not encounter any of the barriers persons with disabilities
encounter. Thus the difference in the quality of health they receive. It is
therefore very important that the Government of the Republic of Zambia
redresses this discriminatory situation by exhibiting accountability to its
international obligations, under the Convention on the Rights of Persons with
Disabilities (CRPD) and the Sustainable Development Goals (SDGs) through the
Global Disability Summit 2022.
The
government has an opportunity to begin
positioning itself strategically in terms of fulfilling its international
obligations. This is in as far as implementing with the promise of leaving no
one behind. This will be actualised by having the government to sign up to the
Global Disability Summit 2022 by expressing specific, ambitious and deliverable
Commitments on the provision of quality health to persons with disabilities.
This
article will specifically and deliberately focus on some Commitments to deliver
quality mental health services to all, but in particular persons with mental
conditions and indeed associated psychosocial disabilities. The GDS22, to which
the government should commit itself to will be held from 15th to 17th
February, 2022 in Oslo, Norway. It will be held virtually, so many persons have
got any opportunity to attend.
At
this point in time, let us dwell straight into the Commitment the Organisation
of Persons with Disabilities (OPDs) are proposing that government upholds and
dedicate itself to during the GDS22 and thereafter during implementation. The
Commitment is picked among other Commitments from the thematic field of health.
The OPDs propose that the government Commitment should be, “by end of 2023 Ministry of Health will
appoint the Mental Health Council, with a commensurate budgetary allocation and
action plan”. This Commitment is drawn from the Mental Health Act of 2019. The
object of the Act includes the partial domestication of the CRPD. So, this is
where the government should pick it from. Committing to appoint the members of
the Mental Health Council and establishing its secretariat is about
implementing the Act. Basing our reference to the object of the Act to
domesticate the CRPD, the implementation of the Act is a stride to the
implementation of the CRPD. It is also about actualisation of the SDGs,
especially Goal 3, which includes indicators on mental health. It is in this
perspective that the government should interpret its dedication to this
Commitment because it contributes to fulfilling its international obligations
on the CRPD and the SDGs. Its own proposition of leaving no one behind is also
amplified and strengthened.
The
Commitment, by government, to appoint the Mental Health Council members carries
with it many implications directly related to the principles and spirit of the
CRPD. This can be seen in the functions of the Council as provided for by the
Mental Health Act 2019.
Of
course the first function is to protect the rights of a mental patient. This
brings to light that the government recognises and respects the rights of
persons with mental conditions and associated psychosocial disabilities. This
recognition is all about realising that persons with mental conditions are
rights holders, who must be allowed to make their own decisions and participate
in life activities on an equal basis with others. It is essential here that
this function of the Council in the Mental Health Act is specifically
addressing rights related to accessing mental health services. In a real
perspective, persons with mental conditions and psychosocial disabilities’
rights spread across all life domains like education, employment, physical
health, financial services, housing and relationships. These are the same
rights as those of other persons with disabilities and of course persons
without disabilities. This perspective should never be lost.
The
other important function of the Mental Health Council, the government should be
alert to as it commits itself to appointing members of the Council, is to facilitate
and promote communication about mental health issues, including the elimination
of stigma and discrimination against a mental patient. Again, this leans on the
rights of persons with mental conditions and psychosocial disabilities to be
protected from stigma and discrimination on the basis of their disability. The
promotion of communication about mental health issues just as already stated
cuts across the recognition and respect of all the rights of persons with
mental health conditions and psychosocial disabilities across all life domains.
This promotion will eventually contribute to reducing stigma and
discrimination. This Commitment is very important because of the aspect of
reducing stigma and discrimination, which is a core thematic area of the GDS.
The
Commitment by government to appoint the Mental Health Council members will
strengthen the other function of the Council of facilitating the mobilisation
of resources for mental health services in Zambia. Mobilisation of resources
for mental health services and other disability inclusion programmes is a
Commitment on its own and the GDS22 emphasises this aspect of mobilising
resources for the implementation of the CRPD. Remember, as we go on to argue, we
are drawing these functions of the Mental Health Council to which the
government should commit itself to appoint its members from the Mental Health
Act of 2019. So, this is a low-hanging Commitment for the Government of Zambia
because it is already prescribed in law.
The
other function of the Mental Health Council, to which the government should commit
to appoint its members, is to facilitate the development and implementation of
community-based mental health services and promote de-institutionalisation of
persons with mental health conditions and psychosocial disabilities. This is a
key element of the CRPD on the right for persons with disabilities to be
included in the community while promoting personal liberty. Living within the
community also allows persons with mental conditions and psychosocial
disabilities to access other rights related to education, employment, housing,
financial services and relationships. This gives an opportunity for individuals
to live independently or chose where to live and with whom they should live
with.
The
Mental Health Act provides for the composition of the Council which includes a
person with a psychosocial disability coming from a representative organisation
of persons with psychosocial disabilities. This increases the participation of
persons with psychosocial disabilities in advocacy efforts in national CRPD
accountability spaces while promoting the promise of leaving no one behind. It
is in this view that by Committing to appointing the members of the Mental
Health Council, the government is greatly contributing to the implementation of
the CRPD and the actualisation of the SDGs. So, this Commitment is valuable,
specific and deliverable.
As
the government commits itself to appoint the members of the Council, it should
remain upright to ensuring that the appointment is gender sensitive. The issue
of the participation of women with disabilities should never come and remain at
the back of the thoughts of any government, including the Government of Zambia.
This is critical.
While
this article concentrated on the Government Commitment to appoint the members
of the Mental Health Council, it should not be swayed away from the other
important Commitments it should subscribe to in terms of providing persons with disabilities with the same range,
quality and standard of free or affordable health care and programmes as
provided to other persons, including in the area of sexual and reproductive
health and population-based on public
health programmes as provided for by the CRPD. This should include the
Commitment to provide health services as close as possible to people’s own
communities, including in rural areas. The Commitment to train health
professionals to provide health services while taking into consideration the
concept of disability inclusion should remain upheld by the government.
Conclusively, the Government of the Republic of Zambia carries a
huge chunk of respect when it comes to putting into place legislation meant to
promote and protect the rights of persons with disabilities. This respect
should always be reflected in all its deeds and consistent Commitment to fulfil
its international obligations towards implementing the CRPD. Zambia shall
always strive to go first in promoting and protecting the rights of persons
with disabilities. Correct?
Wamundila Waliuya,
Disability Rights Watch.
24th January, 2022.