Disability Rights Watch DRW

 

24^th 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 15^th to 17^th 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.

24^th January, 2022.