Yes. In cases where policies are not implemented, a person or organization that feel themselves in disadvantage for not having their rights protected may file a lawsuit against the organization or a writ of mandamus, depending on the case. The legal consequences will vary based on each situation, but these consequences may be payments of fines or for moral damages, the obligation of following what is stated in the policy etc. (Presidency of Republic of Brazil, 1988, 2009).

References:

Presidency of Republic of Brazil. (1988). Federal Constitution of Brazil. http://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm

Presidency of Republic of Brazil. (2009). Lei 12016. http://www.planalto.gov.br/ccivil_03/_ato2007-2010/2009/lei/l12016.htm

Currently, there is no legislation specifically for protection against elder abuse in Hong Kong. The Social Welfare Department (SWD) refers to the Domestic and Cohabitation Relationships Violence Ordinance (Cap. 189) in their Procedural Guidelines for Handling Elder Abuse Cases (Revised 2019) to unify the definition and equip various professionals on handling suspected elder abuse case (Legislative Council Secretariat, 2017, February 21).

References:

Legislative Council Secretariat. (2017, February 21). Care services for elderly persons with dementia. Retrieved from https://www.legco.gov.hk/research-publications/english/essentials-1617ise10-care-services-for-elderly-persons-with-dementia.htm

The Maintenance and Welfare of Parents and Senior Citizens Act (2007) places the responsibility on children or relatives to take care of the elderly and highlights that neglect or abandonment of the elderly is a punishable offence by law (Ministry of Law and Justice, 2007).

References:

Ministry of Law and Justice. (2007). Maintenance and welfare of parents and senior citizens Act. Government of India.

There has not been any document indicating direct consequences of not implementing the policy. However, existing regulation on older people’s welfare mentions legal consequences for people/institutions deliberately not providing service to improve older people’s welfare (UU no. 13 No. 1998) (Undang-Undang Republik Indonesia No. 13 Tahun 1998 Tentang Kesejahteraan Lanjut Usia (Constitution of Republic of Indonesia No. 13/1998 on Older People’s Welfare), 1998). The national dementia plan protects people with dementia through existing regulation, provided that the person with dementia qualifies as an older adult.

References:

Undang-undang Republik Indonesia No. 13 tahun 1998 tentang Kesejahteraan Lanjut Usia (Constitution of Republic of Indonesia No. 13/1998 on Older People’s Welfare). (1998).

No data was found since there is no dementia-specific national document in Jamaica.

The Plan does not include consequences or penalties of non-implementation. With respect to the protection of older people’s rights or other human rights, there are different institutions that are in charge of granting these or pursuing those who violate them, such as the Mexico City Specialized Agency for the Care of Older Adults Victims of Family Violence and the National Human Rights Commission or the country’s Ombudsman institution. However, there are no specific provisions for people with dementia within these structures or programs.

NZ Dementia Framework:

The NZDF is more of a best practice guidance for DHB’s to use when they develop their own region-specific dementia pathways. DHBs are expected to implement their dementia care pathways and develop regional governance groups. The Ministry’s annual planning process will monitor the progress of the development and implementation of these pathways.

There is no specific resourcing or budgeting associated with the recommended action points in the NZDF but implies the DHB’s need to implement and provide governance or monitoring and that the MoH will in turn monitor the DHBs.

The NZDF also comments on governance and monitoring.

Governance:

DHBs should develop regional and local governance groups to:

• help implementing their dementia care pathways in line with the framework,
• ensure that a wide range of expertise (e.g., secondary care, primary health care, allied health, community services, volunteer services, family and whānau) is involved in developing dementia care pathways and services at the local and regional level,
• ensure that new models of care, good practice examples and research are shared locally, regionally, and nationally,
• develop measureable outcomes of the pathways’ effectiveness,
• identify and facilitate national and regional collaboration opportunities,
• develop regional approaches for complex cases (e.g., alcohol or drug addiction related dementia, people with Down syndrome, young onset dementia and tertiary services).

Monitoring and evaluation should:

• include measurable outcomes,
• identify gaps and ensure improvements in dementia care and support,
• include national and international benchmarking,
• evaluate outcomes from the perspective of people with dementia and their families and whānau.

Dementia Action plan:

The dementia plan for 2020-2025 outlines 4 objectives with associated actions and suggested lead organisations, and are explicit that these are the most urgent ones to undertake.

The plan comments on factors required for successful implementation and notes that “Work is still needed on detail such as volumes, costs, outcomes and measures/indicators”.

Not applicable, South Africa does not have a dementia-specific national plan. In terms of the rights of older persons within the country’s broader legislative framework, older persons should be protected against abuse where failure to report or respond to elder abuse is considered a criminal offense with legal consequences (see Older Person’s Act, no. 13 of 2006, chapter 5, p.14- 19).

 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