2021-09-06

  • Human Rights Law
  • Mental Health Law

Mental Health And Illness In Uganda: The Gaps And Shortfalls Of The State, Law And Its Practice

Article by Awano Collette Melvina & Victor Andrew Taremwa

Abstract

With mental health trending on social media and a growing cause for concern in the modern age, there is all the more need for the state and its laws to be able to reflect these changes and suitably protect the people’s mental health. This article explores Uganda’s mental health history as a backdrop to a discussion of various legal facets, particularly criminal law and torts, all in an effort to show the gaps and shortcomings affecting mental health and mental illness. It also presents an elaborate discussion on a spectrum of factors that affect mental health; and puts forward suggestions for reform in the mental health legislation and legal practice in Uganda for a better understanding and approach to mental health issues.

Related Articles

Domesticating The Kampala Convention As A Pivotal Step In Protecting Persons Displaced By Conflict And Violence In Northern Nigeria

Esther Hatsiwa Emmanuel

The paper interrogates the internal displacement in northern Nigeria, through an appraisal of the extant laws particularly the African Union Convention for the Protection and Assistance of Internally Displaced Persons (IDPs) in Africa (Kampala Convention) and other International, regional and domestic instruments. There is no specific National legal framework for the protection and assistance of internally displaced persons in Nigeria. The state is yet to domesticate the Kampala Convention, even though there is a bill pending before the National Assembly that seeks to do the same. The paper recognizes that efforts have been invested by national authorities in developing a National IDP Policy, which was finalized in 2012 but was never adopted. Nigeria should therefore operationalize the Kampala Convention because it provides a comprehensive framework that will bring improvement to the lives of IDP’s in Northern Nigeria.

The Human Rights Implications Of Uganda's Borrowing

Ruth Muhawe

The relationship between the sovereign debt of developing countries and the protection of the social rights of citizens in those countries has received considerable analysis from the economic, political and moral perspectives, but relatively little has been written from the legal point of view. Consequently, this paper provides legal insights into the lingering crisis that sovereign debt poses to human rights, with a specific focus on the economy of Uganda. The paper is particularly concerned with examining what Uganda’s debt burden means for the basic observance and enjoyment of human rights by its citizens of both the present and the future.

Without Their Consent: Unravelling The Conundrum Surrounding Rape In Uganda

Dominic Adeeda

Sexual violence is an emergent problem in Uganda today and it leaves an enduring and devastating impact on the survivors. Rape is one of the most pressing issues under the broader genus of sexual violence. It desecrates the very core of the victim’s esteem, dignity and integrity and it is mostly perpetrated by men. Although originally this type of crime was not openly discussed, research has provided a greater understanding of the offence and its devastating effects to survivors. This article therefore contributes to this scholarship by demystifying the whole notion of rape in Uganda while looking at the legal regime that governs the offence, national crime statistics and prosecution of the offence. The article thus makes an overall appeal to curb rape through a multi – disciplinary approach and undertaking necessary reforms in the law that governs the offence.

To Grant Or Not To Grant Bail Pending Appeal: A Review Of The Supreme Court’s Decision In Magombe Joshua V. Uganda

Gerald Ndobya & Bruno E. Amanya

The recently decided case of Magombe Joshua v Uganda declared the concept of bail pending appeal nonexistent in the Ugandan Human rights regime on ground that there is no constitutional basis upon which the Supreme Court or lower appellate court could grant the same. This decision departs from earlier decisions of the Supreme Court that had allowed bail applications pending appeal. This paper elucidates that the decision in Magombe v. Uganda upsets the constitutionally recognized law on right to apply for bail. The paper also highlights the various factors left in issue by the decision, paying particular interest to the scope of the presumption of innocence and the need for a liberal and general approach to constitutional interpretation.