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DESK REVIEWS | 04.05.04.01. Are there provisions to protect the rights of family and other unpaid carers?

DESK REVIEW | 04.05.04.01. Are there provisions to protect the rights of family and other unpaid carers?

There is no dementia-specific or universal legislation pertaining to protect the rights of family and other unpaid carers in Hong Kong. The Employment Ordinance (Cap. 57) is the main piece of legislation governing conditions of employment in Hong Kong, which does not apply to domestic helpers, carers, or other personal helpers who dwell free of charge in their employing household (Department of Justice, 2019a).

References:

Department of Justice. (2019a). Cap. 57 Employment Ordinance. Hong Kong: Department of Justice, HKSAR Retrieved from https://www.elegislation.gov.hk/hk/cap57.

This section to be updated soon.

There is a conditional cash transfer programme to support poor families, with additional amount available for families providing care to an older person living in the household (Program Keluarga Harapan) (Kementerian Sosial Republik Indonesia, 2019). However, no regulations are found that make specific provisions to protect the rights of families and other unpaid carers, such as a right for education or a right for respite.

References:

Kementerian Sosial Republik Indonesia. (2019). Program Keluarga Harapan. https://kemsos.go.id/program-keluarga-harapan-pkh

This is not reflected in any policy or document in Kenya. However, under the National Policy on Older Persons and Ageing policy statement, the government intends to collaborate with relevant stakeholders to “promote and protect the family as a fundamental unit of the society, to provide care, and assistance to older Persons (Ministry of Labour, 2014), page 10.” There are currently no ongoing programmes in Kenya protecting the family as a unit.

References:

Ministry of Labour, S. S. and services. (2014). The national policy on older persons and ageing. Nairobi, Kenya. http://www.partners-popdev.org/ageing/docs/National_Policy_on_Older_Persons_and_Ageing_Kenya.pdf

So far, there is no specific law to promote the rights of unpaid family or caregivers of persons with dementia.

No. The PPPR act lays out the requirements and obligations of the nominated attorney but does not make explicit provision for protection of the attorney.