Human Rights Gaps in Zambia’s Mental Health Legal Framework: A Doctrinal Analysis of the Mental Health Act No. 6 of 2019

Abstract

This study critically examines human rights gaps in Zambia’s mental health legislation and policy framework, with particular focus on the Mental Health Act No. 6 of 2019. The overall objective of the study was to analyze the extent to which Zambia’s mental health legislation and policies align with international human rights standards and to identify gaps affecting the protection of the rights of persons with mental health conditions. Specifically, the study sought to examine alignment with international frameworks such as the Convention on the Rights of Persons with Disabilities (CRPD), identify key human rights provisions, analyze gaps and inconsistencies, assess governance and accountability mechanisms, evaluate the protection of specific rights such as legal capacity and freedom from coercion, and propose evidence-based reforms.
A qualitative doctrinal research design was employed, relying on document analysis of legal instruments, policy documents, and international frameworks. The findings reveal that the Mental Health Act No. 6 of 2019 represents a significant shift from a custodial to a rights-based framework, incorporating principles such as dignity, non-discrimination, and access to mental health services. However, substantial gaps remain, including the persistence of substituted decision-making, broad provisions for involuntary admission and treatment, weak accountability mechanisms, and limited prioritization of community-based care.
The study concludes that while Zambia has made notable progress in reforming its mental health legislation, the current framework remains only partially aligned with international human rights standards. It recommends comprehensive legal and policy reforms, including strengthening autonomy, reducing coercive practices, enhancing accountability, and promoting community-based mental health care to ensure full protection of human rights.