Disparate impact discrimination: the predicament of attempted suicide survivors

Abstract

This study seeks to identify the link between attempted suicide and the law and to determine whether the legal provisions that criminalise the offence of attempted suicide are discriminatory against survivors of attempted suicide that suffer from mental health conditions such as depression. It further analyses the impact of these laws on the affected persons. The study also outlines recommendations for alternative interventions. In pursuit of the objectives of the study, a descriptive literature review on arguments made for and against the decriminalization of suicide is conducted. Further, evidence that allows one to generate a perspective on the decriminalization of suicide is incorporated through a descriptive analysis of the theoretical relationship between attempted suicide and discrimination. The research incorporates tests developed by courts and case law on discrimination matters. The study finds that the law criminalising the offence of attempted suicide and other related laws negatively impact survivors of attempted suicide due to the relationship that exists between suicide and mental health. The laws discriminate against a protected group of persons and further impact other rights of the affected persons. The study then proposes the decriminalization of attempted suicide in Kenya and the formulation of public health legislation to identify and prevent suicides without the discriminatory effect. The study concludes that the decriminalization of suicide would be more beneficial to the state as opposed to the continuous criminalization of the same. Keywords: attempted suicide, mental health, discrimination