Yes.

There is universal law on inspecting the human rights conditions or care quality for older people. The Domestic and Cohabitation Relationships Violence Ordinance (Cap. 189) in the Procedural Guidelines for Handling Elder Abuse Cases (Revised 2019) unifies the definition and prepares various professionals on handling suspected elder abuse case (Social Welfare Department, 2020, February 26).

References:

Social Welfare Department. (2020, February 26). Services for Prevention and Handling of Elder Abuse. Retrieved from https://www.swd.gov.hk/en/index/site_pubsvc/page_elderly/sub_csselderly/id_serabuseelder/

This section to be updated soon.

The Ministry of Social Affair monitors institutions providing care to older people through direct visits, supervision, and regular evaluation to ensure the provision of sustainable quality care adhering to standards (Ministry of Social Affairs Republic of Indonesia, 2018).

References:

Ministry of Social Affairs Republic of Indonesia. (2018). Ministry of Social Affairs Regulation No. 5/2018 on National Standard of Older People Social Rehabilitation (Permensos No. 5/2018 tentang Standar Nasional Rehabilitasi Sosial Lanjut Usia).

Yes, the Standards and Regulation Division of the Ministry of Health and Wellness, described in Part 3, question 03.01.03, provides monitoring and evaluation of registered homes for the aged, where persons with dementia may reside. The division is legislatively supported by the Nursing Homes Registration Act (2004).

References:

Nursing Homes Registration Act. (2004). Available from: https://www.yumpu.com/en/document/read/36302201/nursing-homes-registration-actpdf

The care and protection of older members of society bill, 2018; PART VI section 33 (1) states that “the county executive committee member shall, for purposes of monitoring and evaluating the provision of services by homes registered under this Act, appoint such number of inspectors as the county executive committee member may consider appropriate” (Republic of Kenya, 2018b), page 354.

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

There are clinical practice guidelines for the detection and management of elder abuse (CENETEC, 2013; IMSS, 2013). But they do not make any specifications about people living with dementia.

References:

CENETEC. (2013). Detección y Manejo del Maltrato en el Adulto Mayor. www.cenetec.salud.gob.mx

IMSS. (2013). Guía de Práctica Clínica GPC. Detección y manejo del maltrato en el adulto mayor.

There is a complex framework of regulatory controls relating to the provision of health and disability services to mentally incapacitated persons including the Health and Disability Commission (HDC), the National Advocacy Service, the Retirement Commissioner, the regulation of registered health practitioners by registration authorities, the monitoring of health and disability places of detention by the Ombudsman, and the threat of possible criminal liability for failing to meet duties owed to a vulnerable adult (Human Righs Commission, 2018). The office of the ombudsman also provides a formal monitoring function, and this has recently been extended to monitoring and inspection of privately run facilities that include secure dementia units (Ombudsman New Zealand, 2021).

As noted earlier, while there are regulatory controls in place, they rely on concerns being raised by the individual or family members and do not take into account that many people who lack capacity to make decisions do not have people available to advocate on their behalf. Some regulatory controls such as certification audits of residential care facilities and DHB monitoring do not require a complaint to be laid but these review mechanisms are usually more focussed on policies and procedures rather than the individual. There are generally no regulatory controls for those lacking capacity who are not in institutions.

References:

Human Rights Commission. (2018). This is not my home: A collection of perspectives on the provision of aged residential care without consent. Auckland Human Rights Commission.

Ombudsman New Zealand. (2021). Aged care monitoring. Ombudsman website. Available from: https://www.ombudsman.parliament.nz/what-we-can-help/aged-care-monitoring.

Guided by the South African Human Rights Commission Act 40 of 2013 (South African Human Rights Commission Act 40 of 2013, 2014), the South African Human Rights Commission (SAHRC) is a body that investigates violations and conditions of human rights for all vulnerable populations in South Africa (safeguarding against exploitation, violence and abuse). The SAHRC has held an investigative hearing into systematic complaints relating to the treatment of older persons in 2015 (SAHRC, 2015). This investigation focused on stakeholder engagements, informing the public about violations brought to its attention, as well as identifying systemic issues that are in violation of older persons’ constitutional rights.

References:

SAHRC. (2015). Investigative Hearing Report: Investigating hearing into systemic complaints relating to the treatment of Older Persons. Available from: http://www.sahrc.org.za/construction-site/home/21/files/SAHRC Investigative hearing report.pdf

South African Human Rights Commission Act 40 of 2013, Pub. L. No. No.40 of 2013, 1 (2014). http://www.joasa.org.za/2013-040.pdf