DESK REVIEWS | 04.02.01.07.02. Any consequences for implementing or not implementing?
DESK REVIEW | 04.02.01.07.02. Any consequences for implementing or not implementing?
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).
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
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).
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.
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 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.