The Role Of Mental Health Court In The Protection Of Human Rights Of Persons With Mental Disability In Ethiopia

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Mentally disabled persons are entitled to fundamental rights and freedoms that are providedrnunder international, regional and domestic human rights instruments on equal footing with otherrnmembers of the society. Despite this fact, persons with mental disability are the marginalized andrnostracized group of society. As a result there is high probability of human rights violation againstrnthis group. Mentally disabled persons may refuse treatment for their problems because therndisorder may impair their decision making capacity. Thus, persons with mental disability deservernmore attention and protection from state.rnIn Western Europe and North America there was deinstitutionalization movement in the latterrnhalf of 20th century as a result of which many mental healthcare institutions were underfundedrnand the number of mental healthcare was reduced. Consequently, the number of persons withrnmental disability has increased tremendously. This on the other hand increased the number ofrnmentally disabled persons’ involvement in the criminal justice system. Mentally disabled personsrnwere incarcerated for minor offences. They were revolving in the criminal justice system for thernreason that criminal justice system focuses on punishment rather than treatment.rnTo tackle this problem, Mental Health Court which was modeled after drug courts had beenrnestablished in USA and Canada. Mental Health Court was established with the objective ofrntreating the root cause of criminal behavior rather than punishment. It has been therapeuticrnjurisprudence which advocates that the justice system should deal with the main cause thatrnmakes a person to interact with the criminal justice system. Unlike traditional justice system,rnMental Health Court participants are required to undergo treatment if the accused successfullyrncompleted the treatment plan s/he would be released from criminal responsibility. Otherwise,rns/he would be sent back to traditional system. Mental Health Courts have been expandingrnrapidly.rnIn Ethiopia Mental Health Court was established in May 2015. The court was established underrnFederal First Instance Court Lideta Division in collaboration with Addis Ababa UniversityrnHealth Science College Psychiatry Department. The court has three main objectives. Firstly itrndetermines the fitness of accused to stand trial. Secondly it examines whether accused person isrncriminally responsible or not while the third objective is diversion of accused to treatment if s/hernis found to be mentally disabled.rnThis research paper evaluates the role of mental health court in the protection of the human rightsrnof persons with mental disability in Ethiopia. In the course of this, the researcher has identified arnmore relevant case which the Mental Health Court Bench decided to show how the establishmentrnof the court has brought change in the protection of the right to bail, right to health, brotherhoodrnspirit, reintegration of the accused to the society and peace and security of the society

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The Role Of Mental Health Court In The Protection Of Human Rights Of Persons With Mental Disability In Ethiopia

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