The misconceptions in section 35 (1)(e) of the Nigerian constitution and the right to liberty of persons with mental disability
Posted: 25 August, 2022 Filed under: Abasiodiong Ubong Udoakpan | Tags: addicted to drugs, compulsory detention, constitution, Convention of the Rights of Persons with Disabilities, CRPD, human rights instruments, incompetency, mental disability, mental health, mental illness, negative stereotypes, Nigeria, psychosocial disabilities, right to liberty, unsound mind Leave a comment
Author: Abasiodiong Ubong Udoakpan
Data Protection Advisor, Researcher and a Human Rights Lawyer
The basic principle of any type of essential psychosocial care, is to respect the safety, dignity and rights of anyone you are helping, but can this be excused? An aspect of the Convention of the Rights of Persons with Disabilities (CRPD) appears to be particularly challenging to conventional mental health practice. This concerns involuntary treatment. Along with the general right to liberty, similar to that contained in other human rights instruments, the CRPD provides that ‘the existence of a disability shall in no case justify a deprivation of liberty,[1] but what happens when the Constitution set out standards and procedures by which psychiatric interventions can be imposed against the will of a person?
Of stereotypes and the ‘unsound mind’ clauses
Posted: 2 October, 2015 Filed under: Patricia Mwanyisa | Tags: Australian Law Reform Commission, Commonwealth Electoral Act, CRPD, disability rights, discrimination, eliminate discrimination, gender perspective, ignorance, inequality, law, mental health, mental illness, prejudice, promote equality, psychological, stereotype, stigma, tolerance, UN Convention on the Rights of Persons with Disabilities, unsound mind Leave a comment
Author: Patricia Mwanyisa
Human Rights, Justice and Rule of Law Programme Officer, Open Society Initiative for Southern Africa (OSISA)
Recently, during my studies I delved into the concept of stereotypes and their effects, albeit from a gender perspective. This academic encounter has become an important one to both my personal and professional frames of reference. I have discovered that my prior use and appreciation of the term stereotype was presumptuous, without depth and assumed familiarity. I had nonchalantly used the term often, in writing and conversation without fully appreciating the intricacies of this concept.
Quite worrying one might say, coming from a professional working on human rights, justice and equality issues – but I believe that my nonchalance is common among many of us. We tend to have a general over familiarisation with issues that form part of the realm in which we work and operate without necessarily appreciating the rudimentary theories underpinning particular terms or concepts.
So I think I deserve some credit for acknowledging my deficiency, and urge that we do not rush to deem as catastrophic such inadequacies in all circumstances because it is impossible to know everything about everything, even in your most familiar of territory. To be expected to know and fully understand each and every detail about a subject is a naïve expectation on the part of peers and an arrogant unintelligent assertion on the part of any such declarants. The universally renowned great mind Michelangelo, is remembered for his famous quote “ancora imparo” reportedly made at the age of 87 which means ‘I am still learning’ – well, so am I. So I ask for your indulgence as I share some of my learning on how stereotypes perpetuate inequality and marginalisation – you might just also learn that we all are still learning and need to keep learning.
I have learnt that stereotypes are a component of stigma. They assign negative attributes to socially salient differences forming what social identity theorists call in-group and out-group categorisation. People tend to stereotype as a means of screening people into either the in-group (us) or out-group (them) which in eventuality determines whether a group is accepted or rejected.
This categorisation (stereotyping) of other(s), provides people with a feeling of comfort and confidence based on what they are accustomed to, for predictability and personal security’s sake. Whilst it may be argued in some quarters that categorisation is useful in, for example, target marketing or planning of community and development projects among other mass planning purposes; unfortunately the cumulative effects of general categorisation and consequent stereotyping in most circumstances reinforce and perpetuate inequality.
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