VOL 20 NO 157 REGD NO DA 1589 | Dhaka, Friday, January 25 2013 VOL 20 NO 157 REGD NO DA 1589 | Dhaka, Friday, January

25 2013

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Legal and social protection of senior citizens

Published : Friday, 25 January 2013 M S Siddiqui In the sub-continent, Bangladesh being no exception, the system of joint families still survives, and a senior or elderly person is the head of the family. The final decision on any issue like marriage etc usually needs endorsement from the eldest person. Elders are given priority over the younger people in a broader range of social settings. The young people in Bangladesh address any older but unrelated person with formal respect, i.e. even a slightly older person of the same generation may be referred to as an elder brother, or elder sister, while an elderly person may be referred to as 'aunt, 'uncle', 'grandfather' or 'grandmother' whatever seems appropriate. They have strong family values, with many people living in extended family households - either together or close by - and members are able to draw on each other's resources to meet psychological, social and physical needs. The older persons are still passing their days amidst the tender care and support mostly provided by their extended families in rural societies. But due to changes in socio-economic status, there is a rapid change in the urban society, particularly in the middle class, and families are disintegrating. The younger generation prefers the Western style of living away from the parents. They are losing the age-old custom of respect and are also becoming less concerned about the older persons. Popularity of the small-family culture, lack of cross-generation interaction, less social interaction with older persons, age discrimination, non-existence of inclusive social security system in Bangladesh, among other South Asian countries, can be cited as the most important reasons for the miserable condition of older persons in our urban areas. The age-discrimination is a core concern in all societies. Discrimination against people on grounds of age in Bangladesh is growing in a slow pace. Persons aged 60 years and above are considered as senior citizens, although the retiring age from any profession as decided by many countries ranges from 59 to 65.

Socially and economically vulnerable group: The elder population is a fast-growing segment of Bangladesh society nowadays. Every year, approximately 80,000 new older persons enter the group of the older persons who, in general, constitute a socially and economically vulnerable group with the basic needs remaining unmet in many cases. By 2050, it is estimated that the number of people over 60 will be approximately equal to the number of children under 14. The number of people over 75 is increasing faster than any other group. The average survival age in Bangladesh has increased to 62 years in the last several decades due to improvement in medical and social services, which has also witnessed decrease in child mortality. About 6 per cent people of the country were above 60 or of higher age in 2006, and it is presumed that the number will go up to 17 per cent in 2050. Thirty-one per cent of the population is living under poverty line. And most of them are living in the rural area having poor health, water, sanitation and other services. Most of the rural people in Bangladesh are suffering from malnutrition. Due to physical limitations, millions of the older people across the world pass through chronic poverty, untreated illness, homelessness or inadequate shelter, violence and abuse, lack of education, little or no access to law, fear and isolation. The older people may face difficulties in the following key areas: physical and mental health; community care; social care; housing; transport; employment; income; education and leisure; utilities and consumer protection; access to information; and decision-making. The older age can result in decreased mobility, impairment of sight, hearing and weaker muscle strength, as well as greater vulnerability to heat and cold. Minor conditions can quickly deteriorate into major handicaps that overwhelm older persons' ability to cope with. They have difficulty accessing services, and are less able or less willing to flee quickly or to protect themselves from harm in hostile situations. For instance, older persons have more difficulty accessing distribution points and carrying heavy supplies, while the loss of eyeglasses or walking canes can render them dependent on others. They are abused at home and outside by others. Global scenario: Different countries have different laws to protect them from problems and also offer privileges to enable them to enjoy certain facilities either at subsidised rate or free of cost and enjoy preferential treatment for services. There are efforts to address their problems and difficulties more or less in all countries, be they developed or developing. They address the issues of the aging population in their own ways. Evidence suggests that in poorer countries most people work until very old age or until death, often sustaining the whole family by their efforts. Older people are most likely to work in the informal sectors after retirement. Or discrimination forces people out of the formal sector many years before their working life is over. Many of the poorest have worked in the informal sector all their lives. Globally, the elderly population is the fastest growing segment of society. More than 1.2 billion people will be aged sixty or above, and more than seventy per cent of them will be residing in what are currently considered developing countries by 2050.

The human rights law has developed the idea that vulnerable groups must receive special measures of protection to ensure their enjoyment of human rights guaranteed to other members of society. This approach is based on a broad interpretation of the principle of equality before the law that is enshrined in human rights treaties at both the universal and regional level. The rights of the elderly are usually placed in human rights treaties that protect economic, social and cultural rights. Moreover, the fact that the elderly are considered a disadvantaged or vulnerable group enhances the protection that states are obliged to ensure them when complying with international human rights obligations. There is a global campaign to eliminate capital punishment for the crime committed by persons under 18 years of age or over 70 years of age. When it comes to the religious teachings and practice, Christians have a special provision on the responsibility of children towards parents. In 1992, the UN declared the 1st December as the International Day for the Elderly. Constitutional status: The Constitution of Bangladesh clearly declares in article 15(D) that the Government should introduce social security programme for the insolvent elderly population. But the government has negligible programmes for the elderly. One such is the National Policy for the Elderly 2006, purportedly a safeguard for the protection of the aged persons. The rights recognised in the human rights systems are traditionally classified based on the type of the rights protected. The most basic rights, civil and political rights (CPR), require immediate protection and strong supervision by the government and civil society. Older persons should be able to live in environments that are safe and adaptable to personal preferences at a home of their choice. Older persons should be able to pursue opportunities for the full development of their potential. They should have access to adequate food, water, shelter, clothing and health care through the provision of income, family and community support and self-help and should have the opportunity to work or to have access to other income-generating opportunities. They should be allowed to determine the time of retirement. Older persons should have access to appropriate educational and training programmes. They should be allowed to participate in formulation of policies that affect their well-being and have the right to make decisions about their care and the quality of their lives. Older persons should have access to the educational, cultural, spiritual and recreational resources of society. They should have the benefits in accordance with the cultural values of our society and appropriate protection from 'hostile families and communities'. They should have the due healthcare at the optimum level of physical, mental and emotional faculties. Older persons should be able to utilise appropriate levels of institutional care providing protection,

rehabilitation and social and mental stimulation in a humane and secure environment, enjoy human rights and fundamental freedoms, care or treatment facility, including full respect for their dignity, beliefs, needs and privacy etc. Official benefits: There are opportunities of retirement incentives for the government employees in Bangladesh. It is estimated that about 1.2 million people work in government jobs. After attaining the age of 59, the government employees get the retirement benefits as pension, gratuity etc. Government employees enjoy pensions up to death and after their death, his/her spouse gets the pension until their death. Moreover, there are some state-patronised organisations like Sena Kallyan Sanghtha, Freedom Fighter's Welfare Trust, Police Welfare Association, Abosarprapto Sarkari Karmachari Samity, which have very good packages of support for economic, social and recreational opportunities for retired government officials and their children. They also enjoy many other unofficial benefits from various agencies. But majority of the citizens in Bangladesh still live in rural areas and most of the workers and employees of the non-government entities, private firms and industries etc are not eligible for pensions. The majority of the citizens are vulnerable during old age. The only support to the older persons in the rural area on a large scale as well as nationwide coming from the government is the provision of 'old age allowance' (Boyosko Bhata) of a few hundred Taka. We must keep in mind that the formal pensioners, retired government service holders, constitute only a negligible part of the total population. The majority of the older citizens are dependent on the extended family and social values, both of which are diminishing day by day. The government and society should establish regulatory mechanisms, based on human rights standards, for the delivery of services to older people. The role of the family in helping them is very crucial to ensure all deserving facilities and services. The government should establish care-giving centres, counselling centres, design welfare programmes, reduce social isolation of the elderly by creating peer group-interaction programmes. Protection of social security: Nepal has Senior Citizens Act, 2006 that protects the social security of senior citizens. Vietnam has passed the Law on the Elderly in 2010 for prohibiting discrimination against the elderly in Article 9(1) of their constitution. According to the Act on the Stabilisation of Employment of Older Persons, it is unlawful for companies to stipulate retirement before the age of 60 and according to the Employment Measure Act, in recruiting and hiring, firms must deal equitably with all workers irrespective of age. Taiwan has Employment Services Act (2007), under which employers cannot discriminate against jobseekers on the basis of age. The Human Rights Act (1993) includes 'age' as one of the prohibited grounds of discrimination. New Zealand has the right to freedom from discrimination, which is further enshrined under the New

Zealand Bill of Rights Act (1990). The Austrian Protection against Violence Act (1997) includes elder abuse in its scope, except for in situations of family care. Chile, in accordance with Law 19.828/2002, established the National Senior Service to ensure and promote awareness of the rights of the older persons, which also includes the integrated protection system, conferences on elderly empowerment, and other initiatives related to care services and housing improvement. The Indian legislation on elders stipulates that if anyone responsible for a senior citizen abandons him/her, the person shall be punishable with imprisonment for up to three months, or a fine up to five thousand rupees, or both. The country's legal framework stems from the Act on Older Persons, No. 13, (2006) that represents the cornerstone of the provision of services to older persons, as well as the implementation of the International Plan of Action on Ageing. National Policy for the Elderly People: The Ministry of Social Welfare in Bangladesh has finalised the National Policy for the Elderly People 2006, but this may be stuck in the official files having no impact on the life of the elderly persons. The government should frame a law making mandatory provision of support to elderly persons and advocacy for their rights and privileges. Elderly persons deserve social and psychological support, legal and moral protection by the family, the neighbourhood, community and society and the state at large. Creating awareness of the human rights of the older persons in society, particularly among the older persons and protection of their rights has become an urgent task for all of us. The elders need legal protection, social protection, and home-based and personalised care from family members. This is a moral obligation for all of us, the younger people in particular.

The writer is pursuing PhD at Open University, Malaysia. shah@0banglachemical.com