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.
