LEGAL REGIME FOR THE PROTECTION OF WOMEN WITH POSTPARTUM DISORDERS IN NIGERIA

Abstract

This paper is borne out of the fact that many Nigerians are unaware of the effect of postpartum disorder and its link to infanticide. The research methodology adopted is the doctrinal method of research. The objective of this papei is to analyse relevant Nigerian statute law as it relates to the rights of women suffering from postpartum disorders. The paper discussed several mental health problems associated with women suffering from postpartum disorder. The paper found that the law provides for the protection of rights of mothers suffering from mental health conditions, but found that some of these fights ate non-justiciable owing to the provisions of the Constitution of the Federal Republic of Nigeria, 1999. The paper opines that the effect of lactation insanity as a defence to infanticide is that patients suffering from postpartum depression are likely to be left to their own fate since the defence is not a complete defence and only applies when the child killed is 'within twelve months of birth. The paper makes a case for the amendment of the Nigerian Constitution to make the right to health justiciable. The paper recommends a review of the law on infanticide, mandatory psychiatric evaluation of mothers standing trial and suspected to be suffering from mental health conditions, and their treatment in mental health care facilities with recovery, rehabilitation and reintegration into society as the end.