Yes. There is Law No. 10.741 established in 2003 (“Older People’s Statute”), which guarantees the rights of all Brazilians aged 60 years and over. Older people (those aged 60 years and over) with dementia are included in this law and, in theory, should be given access to social protection, access to healthcare, housing, dignity, food, education, culture, sports, leisure, work, and transport. There is Normative No. 41 (2018) from the Ministry of Health that outlines palliative care and advance care directives in the context of SUS. The aim of this Normative is to provide quality of life for people with life-threatening diseases from the diagnosis to the end of life. The actions carried out include, among others, the provision of medicines to alleviate pain and the offer of psychological support for both the patients and their families (Brazilian Ministry of Health, 2018g, 2019b). The Law number 10.216 (2001) outlines about rights and protection of people living with mental disorders (Presidency of Republic of Brazil, 2001, p. 216). These laws comply with international human rights standards.

References:

Brazilian Ministry of Health. (2018g). RESOLUÇÃO N^o 41, DE 31 DE OUTUBRO DE 2018—Imprensa Nacional. http://www.in.gov.br/materia

Brazilian Ministry of Health. (2019b). Cuidados Paliativos no SUS. Ministério Da Saúde.

Presidency of Republic of Brazil. (2001). Lei 10.216. http://www.planalto.gov.br/ccivil_03/leis/leis_2001/l10216.htm

The laws relevant to persons with dementia are the following (Government of India, 2016; Ministry of Law and Justice, 2007; Ministry of Law and Justice, 2017; Kumar et al., 2019):

• The Mental Health Care Act (2017),
• The Maintenance and Welfare of Parents and Senior Citizens Act (2007),
• the Rights of Persons with Disabilities Act 2016

References:

Government of India. (2016). The Rights of Persons with Disabilities Act. THE GAZETTE OF INDIA EXTRAORDINARY PART II.

Kumar, C.T.S., Shaji, K.S., Varghese, M., Nair, M.K.C. (Eds) Dementia in India 2020. Cochin: Alzheimer’s and Related Disorders Society of India (ARDSI), Cochin Chapter, 2019. Available from: https://dementiacarenotes.in/dcnfiles/Dementia-in-India-2020.pdf

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

Ministry of Law and Justice. (2017). The Mental Health Care Act 2017. Government of India. Available from: https://egazette.nic.in/WriteReadData/2017/175248.pdf

Yes.

Article 54(1) of the Constitution of Kenya 2010 provides that “a person with disability is entitled;

(a) to be treated with dignity and respect and to be addressed and referred to in a manner that is not demeaning;

(b) to access educational institutions and facilities for persons with disabilities that are integrated into society to the extent compatible with the interests of the person;

(c) to reasonable access to all places, public transport and information;

(d) to use Sign language, Braille or other appropriate means of communication; and

(e) to access materials and devices to overcome constraints arising from the person’s disability.” (Government of Kenya, 2010), page 37.

Article 54(2) states that “The State shall ensure the progressive implementation of the principle that at least five percent of the members of the public in elective and appointive bodies are persons with disabilities” (The Republic of Kenya, 2013), page 37.

There are no other provisions for protecting the rights of people with dementia. However, a recent training workshop (July 2019) for clinicians, NGOs promoting research and advocating for the rights of people with psychosocial disabilities, government institutions and policy makers used the WHO Quality Rights Tool Kit (World Health Organisation, 2012) to create awareness and to transfer knowledge into practice. The Mental Health Amendment Bill of 2018 is the most recent legislation addressing Kenya’s infrastructure around Mental Health. It outlines, among other things, the obligations of  national and county governments to build systems that address mental illness (GoK, 2018). The document does not make mention of any specific illnesses, nor does it provide a protocol for addressing them.   

References:

GoK. (2018). Kenya Gazette Supplement. Finance Act, 2018, 59(59), 165.

Government of Kenya. (2010). The Kenya Constitution, 2010. Kenya Law Reports. http://www.kenyalaw.org/lex/actview.xql?actid=Const2010

Republic of Kenya. (2013). The National Social Security Fund Act, 2013 No. 45 of 2013. 27 December. Nairobi, Kenya. http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/NationalSocialSecurityFundAct2013.pdf

World Health Organisation. (2012). WHO QualityRights Tool Kit: Assessing and improving quality and human rights in mental health and social care facilities. Geneva, Switzerland. https://apps.who.int/iris/handle/10665/70927

Although there are no specific laws on dementia, other laws have an indirect impact.

Yes.

The New Zealand Bill of Rights Act (1990) (Parliamentary Counsel Office, 2013) outlines the illegality of arbitrary detention and deprivation of liberty in all but legally authorised situations. New Zealand is also a signatory to the International Covenant on Civil and Political Rights (ICCPR) (Ministry of Justice, 2020a) and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) (Ministry of Justice 2020b).

The Protection of Personal and Property Rights (PPPR) Act (1988) (Parliamentary Counsel Office, 1988) is the main piece of legislation in NZ and sets out in detail the criteria and thresholds that must be met for an individual to be deemed to lack decision making capacity for personal care and welfare or property matters.

The Mental Health (Compulsory Assessment and Treatment) Act (1992) (Parliamentary Counsel Office, 1992) has been used to protect the rights of a person with dementia on an urgent basis in the absence of any legal protection under the PPPR act.

The Code of Health and Disability Services Consumers’ Rights 1996 (Health & Disability Commission, 1996) gives legally enforceable rights to all consumers of health and disability services, and places corresponding obligations on providers of those services.

Right 7(4) of the code provides an exception to the general requirement in the Code that services should only be provided to a person who has made an informed choice and given informed consent. Right 7(4) states: “Where a consumer is not competent to make an informed choice and give informed consent, and no person entitled to consent on behalf of the consumer is available, the provider may provide services where – a) it is in the best interests of the consumer; and b) reasonable efforts have been taken to ascertain the views of the consumer; and c) Either, – ˚ If the consumer’s views have been ascertained and having regard to those views, the provider believes, on reasonable grounds, that the provision of the services consistent with the informed choice the consumer would make if he or she were competent; or ˚ If the consumer’s views have not been ascertained, the provider takes into account the views of other suitable persons who are interested in the welfare of the consumer and available to advise the provider.”

References:

Health & Disability Commission. (1996). Code of Health and Disability Services Consumers’ Rights, regulations 1996. Health & Disability Commissioner website. Available from: https://www.hdc.org.nz/your-rights/about-the-code/code-of-health-and-disability-services-consumers-rights/.

Ministry of Justice. (2020a). International Covenant on Civil & Political Rights (ICCPR). Available from: https://www.justice.govt.nz/justice-sector-policy/constitutional-issues-and-human-rights/human-rights/international-human-rights/international-covenant-on-civil-and-political-rights/.

Ministry of Justice. (2020b). Convention on the Rights of Persons with Disabilities. Available from: https://www.justice.govt.nz/justice-sector-policy/constitutional-issues-and-human-rights/human-rights/international-human-rights/crpd/.

Parliamentary Counsel Office. (1988). Protection of Person and Property Rights Act 1988. New Zealand Legislation website. Available from: http://www.legislation.govt.nz/act/public/1988/0004/latest/whole.html.

Parliamentary Counsel Office. (1992). Mental Health (Compulsory Assessment and Treatment) Act 1992. New Zealand Legislation website. Available from: http://www.legislation.govt.nz/act/public/1992/0046/latest/DLM262176.html?search=qs_act%40bill%40regulation%40deemedreg_mental+health+_resel_25_h&p=1&sr=1.

Parliamentary Counsel Office. (2013). New Zealand Bill of Rights Act 1990. New Zealand Legislation website. Available from: http://www.legislation.govt.nz/act/public/1990/0109/latest/DLM224792.html.

Laws in South Africa generally protect against discrimination on the grounds of race, age, sex, gender, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, disability, religion, conscience, belief, culture, language, and birth. However, provisions in South Africa are not dementia-specific.