DESK REVIEWS | 04.05.03.02. Provisions which aim to end discrimination against people with dementia
DESK REVIEW | 04.05.03.02. Provisions which aim to end discrimination against people with dementia
The Brazilian Association of Psychiatry runs a campaign for ending discrimination to people with mental health disorders, not only to people living with dementia (ABP | Campanha Psicofobia, n.d.). In addition, there is “Law Project” No 74 (2014) which was created to criminalise discrimination against people with mental health disorders. However, this law project seems to be ended without any conclusion in the Senate House Website (Projeto de Lei Do Senado N° 74, de 2014, 2014).
ABP | Campanha Psicofobia. (n.d.). Psicofobia. Retrieved October 30, 2019, from https://www.psicofobia.com.br
Projeto de Lei do Senado n° 74, de 2014. (2014). https://www25.senado.leg.br/web/atividade/materias/-/materia/116394
There is no specific provision for people with dementia. However, Law No. 8/2016 protects the rights of people living with disability to be free from discrimination, including in the workplace. The regulation ensures the rights of people with disabilities, including non-discrimination in the labour market (e.g., the right to have the same job and salary as people without disability and to receive the required support to work optimally to avoid losing their job due to their disability) (UU No. 8/2016 Tentang Penyandang Disabilitas (Law No. 8/2016 on People with Disability), 2016).
UU No. 8/2016 tentang Penyandang Disabilitas (Law No. 8/2016 on People with Disability). (2016). (Testimony of Republik Indonesia).
Kenya’s Mental Health Policy vision is to have “A nation where mental health is valued and promoted, mental disorders prevented and persons affected by mental disorders are treated without stigmatization and discrimination” and one of the priority actions is to “undertake communication programs to reduce stigma” (Ministry of Health, 2015c), page 7, page 14. Provisions to end discrimination in the workplace are covered within core values or mission statements for certain organizations. However, this is not specific to people with dementia. A task force on mental health was constituted in December 2019 whose mandate was to assess Kenya’s mental health status, systems including legal, policy and administrative environment and social determinants of adverse mental health outcomes and report on the recommendations that would lead to improved mental health and quality of life (Ministry of Health, 2020). Preliminary results in early 2020 revealed existing issues around stigma for different mental disorders and provided recommendations for improved funding for mental health care and integration of mental health services in primary health care settings in all counties.
Ministry of Health. (2015c). Kenya mental health policy 2015-2030: Towards Attaining the Highest Standard of Mental Health. Nairobi, Kenya. https://publications.universalhealth2030.org/uploads/Kenya-Mental-Health-Policy.pdf
Ministry of Health. (2020). The Taskforce on Mental Health Public Hearing. https://www.health.go.ke/the-taskforce-on-mental-health-public-hearing/
Legislative provisions for anti-discriminatory practices are not dementia-specific in South Africa. However, the Constitution of South Africa, chapter 2’s Bill of Rights protects the rights of all persons with safeguards against the unfair discrimination of anyone (including disability) (see section 9(3) and (4), p.5), protecting the right to human dignity (section 10, p.6), and freedom and security of the person (see section 12, p.6).
Additionally, the Older Person’s Act promotes the provision of services to older persons that includes public education on ageing including dementia (see chapter 4, section 17(d), p.9), supporting the combat of stigma and discrimination against persons living with dementia. Although it is not clear to which extent these programmes are operational and/or effective.