Introduction:
Ageing is a part of living, an inevitable process; still old age always remains as one of the most unexpected things that happen to a man. Recently the world has witnessed a considerable increase in the absolute and relative numbers of elderly people. Worldwide, the number of persons over 60 years is growing faster than any other age group and the same is true in context of the Indian subcontinent. Traditionally, in India, it has been a part of our culture, for society and the family to take care of older persons. However, In recent times when the society has undergone a structural transformation owing to urbanisation and modernisation, the old joint family system has disintegrated and individualistic nuclear families have become
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Lack of care and abandonment of elderly people, coupled with instances of abuse subject them to emotional, physical and financial insecurity and elderly people thus remain passive victims of neglect abuse and discrimination, helplessly languishing in a hostile environment, their plight knowing no bounds, and their basic human rights being blatantly violated.
Over the years, interest in the area of aging has increased involving multidisciplinary efforts and innovative strategies to deal with the increasing problems of the elderly within the changing society. Today, the elderly population is the main focus of the various social planners and service providers across the world. It has been felt that there is a clear need for a comprehensive solution for the elderly care which encompasses their overall security. At the International level, numerous initiatives have been undertaken by the U.N and measures for protection of the elderly have been incorporated in International instruments. In India, the need for social security for the aged is reflected in the law of the land itself, and consistent efforts in legislative sphere have been made by incorporation of provisions in personal and criminal laws in the country. Recently, a new legislation has been enacted viz. The Maintenance and Welfare of Parents and Senior
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To examine the Risk Factors for elderly people.
3. To examine the adequacy of existing international and domestic protective mechanism for elderly people.
4. To examine the efficacy of existing domestic laws and policies related to elderly people in India.
5. To examine the role of judiciary in the protection of elderly peoples’ rights in India.
6. To examine the role of NGOs, Media and Civil Society in the protection and promotion of elderly peoples’ rights in India.
Research Methodology
The methodology adopted in this work is primarily doctrinaire methodology. The work is discussed basing on existing literatures. Descriptive, analytical, informative methods will be adopted in this analysis. The Supreme Court Cases, High Court Cases, law books, social science books (Indian as well as foreign author), human rights reports, various Commission Reports, Law Commission Reports, e-books, journals etc. will be relied upon while undertaking the study.
Tentative Chapterisation
Chapter I: Introduction
Chapter II: Demographic Profile of Elderly People in India
Chapter III: International Welfare Norms on Elderly People
Chapter IV: Constitutional and Legal Safeguards for Elderly People in India
Chapter V: Policies, Programmes and Plan of Action in
Cooper, C., Selwood, A., & Livingston, G. (2008). The prevalence of elder abuse and neglect: a systematic review. Age and ageing, 37(2), 151-160. Department of Heath (2000) No Secrets: Guidance On Developing and Implementation of Multi-Agency Policies and Procedures to Protect Vulnerable Adults from Abuse.
National attention should focus on seniors living along or with someone (family members often are the offenders in abuse towards their senior love one), resulting in a reduction of emotional, and physical, financial and sexual abuse of seniors. At this juncture, the National Center of Elder Abuse Administration of Aging (NCEA) should be involved as well as the Alzheimer’s Association to educate the public on aspects of people who get older and can no longer maintain many parts of their lives, including their health. To implement this initiative, a national focus should turn toward current and new applications for products and services applied in the name of a senior, who is not likely to accumulate debt.
The United States government is doing a surprisingly little amount for the million of elderly who are being abused everyday. An affective abuse policy increasing elderly protection services is immensely needed. The public should also be informed about elderly abuse, and the individuals who commit the crime of abusing the elderly should have stricter punishments. People in society can help towards pushing for a more goal driven elder justice policy. In the article, “The Elderly Must Be Protected From Abuse,” author Robert B. Blancato explains seven goals which should be addressed towards elderly justice.
Long-term care policy is to guide the development of the system of power, its decisions should be based on national or regional cultural characteristics, resources and other policy objectives. In a long time period, long-term care was considered to be a personal issue be classified as personal and family responsibilities, public policy intervention less number because of personal or family poverty, by charitable organizations and concerned sectors of society to receive welfare. After 1950s Western countries had been massive growth in the elderly population, long-term care from the minority poor social problem into a number of common problems. For long-term care policies have to reflect on how to improve the quality of long-term care services,
Aging policy in America has caused on three domains of security for elders: economic security, health security, and functional security (Chernof, 2011). In the years to follow the crisis of the aging Americans, will need comprehensive intervention that will impact older Americans and what’s really in it for Elders. In devising a plan to ensure that the planners, government, private agencies, health care and service organizations are all devoted to providing and caring for the aging. Significant demographic changes in the history of the American people in this century.
Domestic courts are put in a position of a problem solver but their “hands” are bind really tight and it is hard to protect human rights since so many prohibitions are implemented. On other hand, looking to Human Rights Act from a political perspective, it is thought that this act upholds the doctrine of Parliamentary sovereignty and political control. Since more tools are given to the judiciary it may result in judges as law-making power. Recent governments have shown concern over the increased power
Research also proposed, “adults as unpaid laborers within the household is no longer sustainable. In most advanced democracies, therefore, policymakers are now facing growing societal demands for private and public care services for frail elderly people” (Hieda, 2012). This is where advocacy from social workers across the nation and different demographic areas comes to play. For instance research stated that “despite these socio-demographic conditions shared by a number of advanced industrialized democracies, however, elder care policy has enormous variations among them in terms of public spending, coverage, generosity, and the like” (Hieda, 2012). However, it will be accurate to say that, as baby boomers increases in population over the years, so are the need for services and social programs will increased proportionately which is consistent with research as stated “The volume and coverage of their elder care services stand out among advanced democracies.
When it comes to abuse and neglect, we automatically think of children. Children are not the only ones who deal with being abused. In fact, this happens to the elderly as well. While some elderly may be productive enough to care for themselves, others are not.
The legislation has become a bedrock in the way forward for a healthy and fit for purpose Social Care system that will be able to meet the needs of the people it is meant to protect. The Report Human Rights of Older Persons and their Comprehensive Care states that “while there is no universally accepted definition of care, it usually
Department of Health and Human Services states that approximately 5 million seniors suffer from some form of neglect, elder abuse, or exploitation each year. These numbers are absolutely abhorrent and continue to increase each year. It is thought that for every case of elder abuse that actually gets reported, another 23 do not. These numbers are not only frightening, after all, we trust the care of our aging loved ones to these nursing homes and assisted living facilities, but they are also shocking and something needs to be done.
The process of aging in not an unfamiliar topic to society and is an inevitable phase of life. Since 2011, the number of older individuals are increasing annually particularly those from the baby boomer generation. The life expectancy has been increasing with people living longer thanks to modern medicine. These occurrences are proof that civilization is growing exponentially, however the process of aging also means that the older individuals are facing dilemmas such as decreased physical functions, financial instability from retirement, and abuse. Even older adults who are independent may face some limitations.
Elder Abuse The mistreatment of the elderly is not something as it has been there since antiquity and despite its severity, the society continues to ignore elder abuse. Various initial trials to understand the clinical spectrum of this phenomenon and to identify an effective intervention strategy have been limited by their unpredictable nature. In the past decade, there have been improvements on the research regarding this subject as a way of provoking interest in the field of nursing, particularly professionals who take care of the older adults and their immediate families. Though in most cases the term elderly abuse has been used to refer to physical mistreatment of the older citizens, financial exploitation as part of psychological mistreatment
ON the other hand the degree of the elder mistreatment should be catalogued. In addition various agencies could engage in research which is focusing upon the various factors that put seniors at risk for senior abuse or educating people upon ways that protect older people against this from of misconduct. Therefore the local community and politicians could assist with meticulously evaluating the success rate of preventive measures toward thwarting the mal-treatment of elders.
It is difficult to imagine such an Elderly Rights Law being implemented to the Western culture. a. However, France has established a similar decree in 2004 which is in Article 207 of the Civil Code, where the citizens are required to keep in touch with their geriatric parents. i. So, it is applicable to our country as even a develop country like France takes a serious action on caring for the elderly by establishing the Elderly Rights Law.
In the UK, over five hundred thousand abuse against elderly people occurred each year. These abuses can occur anywhere, including in someone own home, residential home or hospital. Both older men and women can be at risk of abuse, though the majority of victims are women over the age of 70’s. There are five common types of abuse; physical, psychological, financial, sexual abuse and neglect. Where does elderly abuse to place Elder abuse tends to take place where the senior lives: most often in the home where abusers are often adult children, other family members such as grandchildren, or spouses/partners of elders.