351. In relation to mental health, the Court has noted in this judgment that, PWA
are discriminated against and suffer stigma from birth and throughout most
of their lives. They suffer from anxiety and fear of attacks due to the
superstitions and harmful beliefs regarding them. In addition, the disdainful
treatment in health centres affects their psychosocial wellbeing. Children
and women suffer other mental health challenges such as abandonment
and seclusion from families and society at large.
352. The Court observes that the Respondent State has submitted that it has
undertaken some awareness-raising campaigns to curb the societal norms
and negative attitudes towards PWA, however, the Court notes that it has
not addressed the issue of providing counselling and other services that
PWA urgently require to avoid mental health diseases such as depression
and suicide tendencies.
353. The Court underscores that the mental well-being of individuals in the
Respondent State is not an inferior obligation or a by-product of physical
wellness such that it can be taken for granted or dispensed with. The Court
reminds the Respondent State that the mental well-being of PWA who suffer
trauma from birth is equally a primary health care which needs to be
attended to forthwith.
354. Finally, the Court observes as reported by the Independent Expert on the
Enjoyment of Human Rights by Persons with Albinism that many PWA lack
basic medical information regarding their condition and therefore seek
medical assistance as a last resort, at which point, it is too late.100 The Court
notes that the obligation of the Respondent State extends to disseminating
of medical information especially to vulnerable groups like PWA. Therefore,
the Respondent State has failed in this duty.
100
Report of the Independent Expert on the Enjoyment of Human Rights by Persons with Albinism,
supra.
80