DESK REVIEWS | 04.05.02.02. Provisions exist which enable people with dementia (or all persons) to protect their rights and to file appeals and complaints to an independent legal body

DESK REVIEW | 04.05.02.02. Provisions exist which enable people with dementia (or all persons) to protect their rights and to file appeals and complaints to an independent legal body

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 elderly people is a punishable offence by law (Ministry of Law and Justice, 2007). In addition, the Rights of Persons with Disabilities Act 2016 and the Mental Health Care Act 2017 highlight protection of rights of people with disabilities and mental health conditions, respectively (Government of India, 2016; Ministry of Law and Justice, 2017).

References:

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

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

Human rights of all persons (including safeguarding against exploitation, violence, or abuse) are regulated by the Law no. 9/1999 on Human Rights. There is an independent legal body called the National Commission on Human Rights (Komnas HAM) whose function is to carry out assessment, research, counselling, monitoring, and mediation. It has the capacity to receive appeals/complaints, to run investigations, and to perform monitoring-evaluations when needed (UU No. 39/1999 Tentang Hak Asasi Manusia (Law No. 39/1999 on Human Rights), 1999).

There is also a law pertaining domestic violence, which is applicable to abuse committed within the household. There is no mention of different approaches in cases where the victim is an older person or a person living with dementia (UU No. 23/2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga (Law No. 23/2004 on Elimination of Domestic Violence), 2004).

References:

UU No. 23/2004 tentang Penghapusan Kekerasan Dalam Rumah Tangga (Law No. 23/2004 on Elimination of Domestic Violence), (2004) (testimony of Republik Indonesia).

UU no. 39/1999 tentang Hak Asasi Manusia (Law no. 39/1999 on Human Rights), (1999) (testimony of Republik Indonesia).

The care and protection of older members of society bill, 2018; PART III provides for the prohibition, notification, and register of abuse of an older member of society. PART VII indicates the manner in which matters concerning older members of society are to be tackled while taking into consideration the unique needs of such persons (Republic of Kenya, 2018b). However, this is not specific to people with dementia.

References:

Republic of Kenya. (2018b). The Care and Protection of Older Members of Society Bill, 2018. Kenya Gazette Supplement No. 73 (Senate Bills No. 17), pp. 333–363. Nairobi, Kenya. http://www.parliament.go.ke/sites/default/files/2018-08/The%20Care%20and%20Protection%20of%20Older%20Members%20of%20Society%20Bill%2C%202018.pdf

 

While there are no specific laws in favor of persons with dementia or their caregivers in Mexico, more general laws are aimed at preserving their rights as persons, such as the Federal Law to Prevent and Eliminate Discrimination, and the General Law for the Inclusion of Persons with Disabilities. However, it must be recognised that neither of these two mentions dementia specifically.

There are no provisions specifically for persons living with dementia. However, the South Africa Human Rights Commission (SAHRC) was established in 1995 as an institution that is mandated to support constitutional democracy and project human rights of all persons in South Africa. Violations and/or issues of concern can be lodged as complaints to the SAHRC and can be investigated in the interest of safeguarding against exploitation, violence, and abuse.