Uncategorized

Mental health: Decriminalising attempted suicide offence

Today as we commemorate World Mental Health Day, we reflect on the offence of attempted suicide and its impact on mental health and call for the decriminalisation of attempted suicide worldwide.

Malawi is among the 19 countries in the world where attempted suicide remains a crime. Section 229 of the Penal Code criminalises suicide, particularly stating that ‘any person who attempts to kill himself shall be guilty of a misdemeanour’ and the maximum sentence for the offence is two years.

Co-Author: Kanyimbiri

However, despite having such provisions within the Penal Code which should act as a deterrence, there has been a steady increase in the number of reported suicide deaths and/or attempted suicide incidents, which begs the question whether criminalising suicide is really a viable remedy for deterrence

As we celebrate this year’s theme “Mental Health at Work”, we recognize the importance of mental health and well-being in the workplace and advocate for the decriminalisation of attempted suicide.

We call for lessons to be learnt from the case of S v Chinsepo (Judicial Review Matter 13 of 2022) [2022] MWHC 242 (4 August 2022) in which the Lilongwe First Grade Magistrates Court sentenced a 41-year-old man, Yakilini Chinsepo, to 18 months imprisonment for attempting suicide after encountering problems at his workplace, before the sentence was overturned by the High Court.

Co-Author: Kasunda

In this matter, the chief resident magistrate referred it to the High Court requesting its urgent review on the basis that the sentence was manifestly excessive.

Whilst the chief resident magistrate’s concerns in this matter should be applauded, it should be highlighted that attempted suicide is a health issue that should not be punishable in anyway.

Suicide has for a very long time been shrouded in stigma, misinformation, and punitive measures. It is important to put a human face to suicide by substituting criminal sanctions and replacing them with community support and mental health services in order to help  people who are already facing difficulties which prompt them to think of taking their own lives.

Decriminalising suicide aligns with international human rights standards such as Article 3 of the Universal Declaration of Human Rights and Article 6 of the International Covenant on Civil and Political Rights which enshrine the right to life, dignity and autonomy.

Criminalising, however, violates these rights by denying access to medical care and support as well as perpetuating stigma and discrimination. It is important to remember that Malawi has ratified both these international treaties and has therefore, demonstrated its commitment to upholding human rights and the rule of law.

The law should therefore not be used to criminalise mental health issues, but rather promote and protect mental health rights.

The 2021 call by the Malawi Human Rights Commission to have a Mental Health Bill is a step in the right direction to effectively raising awareness on attempted suicide and potentially decriminalising the repugnant existing suicide laws. 

As hefty as the process may seem, the Mental Health Bill has potential to bring about positive change in the mindset and backward notions of various mental health issues which have not been addressed in the archaic Mental Treatment Act of 1948.

Law reform on attempted suicide should thus be treated as a matter of urgency as it is the first legal step towards changing from punitive to supportive ways of dealing with mental health issues and especially promoting mental health rights.

This will also help change the mindset of people faced with suicidal thoughts who instead of seeking help, turn away from it for fear of being punished.

During this World Mental Health Day, let us all be dedicated to promoting mental health and well-being in the workplace and in our society.n

*The authors are working as interns at Southern Africa Litigation Centre (Salc).

Related Articles

Leave a Reply

Your email address will not be published. Required fields are marked *

Back to top button