Parental Mental Health Disorder and the Rights of A Child

It is no longer news that so many parents are depressed as a result of several issues including; economic hardship, divorce,postpartum disorder, spousal neglect or abandonment, overwhelming parental duties and so on. The essence of this article is to bring to the awareness of parents and caregivers the adverse effects of parental depression on their children.

The Convention on the Rights of a Child ratified by Nigeria as the Child Rights Act, advocates for the best interest of a child; right to life, survival and development. It therefore implies that the law places a duty of care on parents and caregivers as to  the wellbeing of their wards. Whatever affects a parent, affects a child.

Depression is the mental health disorder that causes feelings of hopelessness, despair, and lack of motivation to move on. This disorder can affect a child negatively in different ways such as; a parent bonding with a child, hostility of parents towards children, abusiveness, withdrawal, parents less likely to be responsive to children’s needs.

Such child will be affected in terms of physical health, emotional withdrawal from parents, poor academic performance,low self esteem and so on.

In the case of ESABUNOR AND ANOR V. FAWEYA AND ORS, THE APEX COURT recognized the vulnerability and incapacity of the child to make decisions relating to his health when it held that: all adults have the inalienable right to make any choice they may decide to make and assume the consequences. When it involves a child different considerations apply and this is so because a child is incapable of making decisions for himself and the law is duty bound to protect such child from abuse of his rights

A child’s right to life, survival and development will no doubt be breached  where the parents or caregivers are suffering from severe depression. In fact, such parents will be less concerned about the rights of their children and focus mainly on their lives, how to get out of their depressed state.

Worthy of note is the fact that it takes a whole parent to bring up a whole child. Where there is a defect in a parent’s mental health, it will no doubt affects the child’s mental health and even physical health.

As parents and caregivers, in protecting the rights of our children, our mental health is of utmost importance and we must give proper attention to it. Undermining it is undermining the development and wellbeing of your child. Seek help, don’t shy away from it or assume everything will be fine because children are sensitive receptors to parental stress.

Success Oghosa Osaretin is a Legal Practitioner and Professional Volunteer

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