The Right to proper health care for the mentally handicapped

Abstract

The Constitution of Kenya recognises socio-economic rights under Article 43. Among these rights is the right to proper health care for the mentally handicapped. The recognition of this right aims at protecting and improving the well-being of the mentally handicapped persons of Kenya who form part of the most vulnerable people in our society. This study discusses: the state and circumstances of health care for mentally handicapped persons in Kenya; whether the State is playing its role in ensuring that adequate health care is being provided and the rights accorded mentally handicapped people are being fulfilled; and whether the present and proposed laws regarding the mentally handicapped people in Kenya are appropriate, up to date and reflect standards set by international practice. This study also assesses the obligations placed on the State by the Constitution of Kenya, the judicial enforcement of the right to proper health care for the mentally handicapped and the challenges faced in the judicial enforcement of this right. Finally, the study makes several recommendations regarding ways in which the judiciary and the national and county governments of Kenya can help ensure the constitutional rights of the mentally handicapped people of Kenya are fully achieved and implemented.