04.05.04.02. Does the legal system place the responsibility of older parents directly on their offspring (either in the law or specifically in various policies)? | South Africa

04.05.04.02. Does the legal system place the responsibility of older parents directly on their offspring (either in the law or specifically in various policies)? | South Africa

14 Aug 2022

Policies in South Africa are situated within a familial framework that promotes a philosophy of ‘active aging’ that aims to keep older persons within the family and community setting for as long as possible. Although this philosophy to support their participation in their communities for as long as possible is commendable, it promotes a shadow discourse that locates the responsibility for care of older persons predominantly within the family, which often translates to women shouldering the burden of care at the expense of their participation in the labour market. For example, the White Paper for Social Welfare (1997) as well as the Older Persons Act no.13, 2006 (Government Gazette, 2006) draw on principles of ubuntu, framing the care of the aged as predominantly a social and moral practice that is situated within the private space of the family. Ubuntu refers to the social nature of people and defines people as people through their relations with others, and positioned within policy, it largely privatises care for the aged within the family (Sevenhuijsen et al., 2003) and, thus, influences the way in which health challenges faced by older persons are perceived and responded to, within South Africa. It also influences perceptions about how the burden of care within the family is distributed and socially sanctioned as being primarily the responsibility of a female family member. Currently in South Africa, the typical profile of caregivers to persons living with dementia is a middle aged, or older female, child or spouse (Gurayah, 2015; Khonje et al., 2015; Marais et al., 2006), positioning women as responsible for “large-scale social and political problems” (Sevenhuijsen et al.,  2003, p.311).

References:

Government Gazette. (2006). Older Persons Act, No.13 of 2006 (Vol. 13, Issue 1098). Available from: https://www.westerncape.gov.za/other/2012/3/older_persons_act.pdf

Gurayah, T. (2015). Caregiving for people with dementia in a rural context in South Africa. South African Family Practice, 57(3), 194–197. https://doi.org/10.1080/20786190.2014.976946

Khonje, V., Milligan, C., Yako, Y., Mabelane, M., Borochowitz, K. E., & Jager, C. A. De. (2015). Knowledge , Attitudes and Beliefs about Dementia in an Urban Xhosa-Speaking Community in South Africa. Advances in Alzheimer’s Disease, 4, 21–36. https://doi.org/10.4236/aad.2015.42004

Marais, S., Conradie, G., & Kritzinger, A. (2006). Risk factors for elder abuse and neglect: brief descriptions of different scenarios in South Africa. International Journal of Older People Nursing, 1(3), 186–189. https://doi.org/10.1111/j.1748-3743.2006.00025.x

Sevenhuijsen, S., Bozalek, V., Gouws, A. and Minnaar-Mcdonald, M. (2003). South African social welfare policy: An analysis using the ethic of care. Critical Social Policy, 23(3), 299–321. https://doi.org/10.1177/02610183030233001