A/HRC/31/57/Add.2
60.
The Children’s Act 1998 prohibits “cruel, inhuman or degrading treatment or
punishment including any cultural practice which dehumanises or is injurious to the
physical and mental well-being of a child,” but allows for a degree of “reasonable” and
“justifiable” punishment of children in the home and in alternative care settings, as does the
Education Act (1961), the Ghana Education Code of Discipline in school settings. In 2014,
the Government confirmed the widespread and ‘lawful’ use of corporal punishment. The
Special Rapporteur calls on the Government to amend the relevant provisions as a matter of
urgency and explicitly prohibit all forms of corporal punishment in all settings, and educate
the authorities and the public so that the practice of caning, in particular, is eradicated.
61.
The Rapporteur congratulates the Government for ratifying the Optional Protocol on
the Involvement of Children in Armed Conflict in December 2014, and urges the expedited
ratification of the Optional Protocol on the Sale of Children, Child Prostitution and Child
Pornography. Although the Government has undertaken welcome legislative reforms to
broaden the scope of persons responsible for female genital mutilation (FGM), which
increases sanctions for those who commit the harmful practice, in 2015 the CRC reported
its prevalence in rural communities, despite its criminalization.
IV. Mental Healthcare Practices and Services
62.
The Special Rapporteur found that challenges facing the mental healthcare system
and conditions in psychiatric institutions and prayer camps remain the same as during the
last visit. Lack of capacity, whether in terms of budgetary support, infrastructure, mental
health professionals, medication, and even food, result in either dreadfully inadequate or
nonexistent provision of services, with an estimated 98% treatment gap. At the same time,
human rights abuses against persons with psychosocial disabilities – particularly in the
private or “informal” sector of prayer camps or other traditional healing centers –
continues, along with public stigmatization and discrimination, and the continued low
priority assigned to mental healthcare by the Government. The Special Rapporteur was
nevertheless impressed by the commitment displayed by the leadership of the Mental
Health Authority Board (Board) and by its ambitious plans in the face of difficult
constraints. However, ongoing efforts to regulate, control, and supervise health-care
practices, including monitoring the prayer camps and other privately-run institutions; to
recruit and train more mental healthcare professionals; and to improve the quality of care
provided, including in terms of food and shelter, must be dramatically intensified and
backed-up by adequate funding, resourcing, and capacity-building, if they are to result in
meaningful changes.
63.
In its 2015 annual report, the Board noted the troubling deterioration of services
against the increasing number of patients. Capacity for mental healthcare services remains
vastly reduced, with only 14 reported practicing psychiatrists and 1,600 psychiatric nurses
serving a population of nearly 26 million. The country’s three psychiatric hospitals are all
located in the coastal belt in the south of the country, and few options for care exist outside
these facilities. The Special Rapporteur welcomes information that the Board has begun
collaborating with mental health training institutions, notably Nurses Training Colleges, to
facilitate the training of psychiatric nurses and community mental health workers, and that
400 individuals have been trained to date. Nevertheless, their numbers remain very low,
and regional distribution is skewed, with the Board warning that the constraints posed by
inadequate funding and human resources make it impossible to extend mental health
services to all districts for the short- to medium-term future. It reported that there is only
one psychiatrist serving the Northern, Upper East, and Upper West regions.
17
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