DESK REVIEWS | 04.05.03.03. Provisions which aim to end discrimination against family carers

DESK REVIEW | 04.05.03.03. Provisions which aim to end discrimination against family carers

No provisions were found.

There is universal law pertaining to anti-discrimination on individuals based on family status, which concerns their responsibility for the care of immediate family members. The Family Status Discrimination Ordinance (Cap. 527) protects people on the basis of family status in different areas, including employment, education, provision of goods, services and facilities, disposal and management of premises, eligibility to vote for and to be elected or appointed to advisory bodies, participation in clubs, and activities of the Government (Department of Justice, 2018).

References:

Department of Justice. (2018). Cap. 527 Family Status Discrimination Ordinance. Hong Kong Retrieved from https://www.elegislation.gov.hk/hk/cap527.

This section to be updated soon.

There is no specific legislation or provisions found regarding ending discrimination against family carers (of people with dementia or other disability).

Similarly, in promotion of good mental health, the mental health policy (Ministry of Health, 2015c) aims at involving persons with mental disorders and caregivers in planning and feedback of mental health services.

References:

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

 

There is no specific legislation related to fighting discrimination against family carers.

The Human rights commission notes that discrimination on the basis of family status is prohibited under the NZ Human Rights Act. The commission has been involved in a number of legal cases related to payments to individuals who provide care to disabled adult family members and has voiced concern over the New Zealand Public Health and Disability Amendment Act (No2) 2013 which prohibits payments being made to family members providing care except in some narrow circumstances and prevents any future claims being taken to the Human Rights Commission, the Human Rights Review Tribunal, or the courts alleging that the new policy is discriminatory (Human Rights Commission, 2020).

References:

Human Rights Commission. (2020). Caring for disabled adult family members. NZ Human Rights website. Available from: https://www.hrc.co.nz/enquiries-and-complaints/faqs/caring-disabled-adult-family-members/.

Legislative provisions for anti-discriminatory practices are not dementia-specific in South Africa, however, they are protected generically under the Bill of Rights, Constitution of South Africa. Refer to response above regarding generic provisions against discrimination of all persons in South Africa (section V, (c)(ii), p.38).