Senior citizens are being encouraged to become knowledgeable about the various laws that protect their rights as older adults. While Jamaica does not have an Elder Abuse Act, several pieces of legislation can be used to prevent or punish elder abuse.
Attorney-at-law, Tamara Francis Riley-Dunn, has expressed concern over the increasing cases of elder abuse, noting that many senior citizens suffer in silence. Elder abuse can take many forms and primarily occurs due to the vulnerability and dependence experienced by seniors.
“It is accepted that our elders are 60 years and older, and we are dealing with a vulnerable group who, due to their vulnerability, are dependent on others, which can lead to abuse,” she said.
The veteran Jamaican attorney discussed the issue of elder abuse during an interview with Golden Conversations, an online programme for older adults. Every year on June 15, World Elder Abuse Awareness Day (WEAAD) is commemorated in Jamaica and globally.
The 2024 theme for World Elder Abuse Awareness Day is: Spotlight on Older Persons in Emergencies. The theme emphasises the urgent need to protect and support older individuals during crises. In solidarity of the commemoration, everyone is encouraged to wear purple in support of elders.
“Elder abuse can be defined as a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person,” outlined on WEAAD’s website.
Mrs. Riley-Dunn examined existing laws, mentioning that Jamaica's Nurses Home Act and the Maintenance Act include provisions for the protection of seniors. She also noted that lawyers often argue and win cases against elder abuse using the Duty of Care concept.
“The Duty of Care is not legislation but a law born out of court because of its longevity. If there is a relationship where I have to rely on you, you have a duty to take care of me. If you breach that duty or trust, resulting in harm or financial loss, a claim can be made against you,” she explained.
Mrs. Riley-Dunn highlighted that several first-world countries do not have an elder-specific act but have enacted various legislation targeting areas of potential abuse and governing the care of seniors.
The United Kingdom (UK), for instance, has numerous acts covering psychological, financial, and physical situations but no single act dedicated solely to elder abuse. The UK’s Social Caregiver Act sets minimum standards for caregivers, ensuring they receive support and training to avoid medical neglect.
“If you are a grandchild caring for an elderly grandparent, you assume the role of a caregiver. You are obligated to provide care with the due standard defined by law. Failure to do so can result in liability for neglect, criminal charges, and lawsuits,” she said.
Another general act used in the UK is the Protection from Harassment Act, which includes clauses covering vulnerable persons, including older adults.
Mrs. Riley-Dunn also referenced Australia, where approximately fifteen percent of the population is aged. Despite this, Australia did not have a singular act for elder care until late 2021, relying instead on various social acts.
Canada, similarly, does not have a central elder care act but has numerous legislatures targeting medical, social, psychological, and economic forms of elder abuse. For criminal actions, Canada utilises its Criminal Code, which states that everyone has a legal duty to provide necessities of life to a person under their charge if that person is unable to do so due to age, illness, mental disorder, or other causes. Criminal Code (R.S.C., 1985, c. C-46) sec. 215 (1) (c). This is often used in criminal proceedings where elder abuse is alleged.
In Jamaica, there is no legislative act specifically covering harassment, but the Domestic Abuse Act can be used to protect the elderly. However, Mrs. Riley-Dunn pointed out that this Act needs to be more flexible, as individuals have become more creative in causing neglect, not limited to threats or violence but also through harassment.
Interestingly, Section 10 of the Maintenance Act in Jamaica states that “Every person who is not a minor has an obligation, to the extent that the person is capable of doing so, to maintain the person's parents and grandparents who are in need of such maintenance by reason of age, physical or mental infirmity or disability.” Therefore, a senior citizen may take their child to court for maintenance payments if they are in genuine need. “Not many people are aware of this clause,” stated the attorney-at-law.
To conclude, Mrs. Riley-Dunn implored Jamaica to strengthen its laws robustly to tackle all instances of elder abuse, aiming to prevent it from occurring while also reinforcing existing laws to punish offenders.
Share with us in the comments your suggestions on how as a soiety we can stop elder abuse.
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