Protection of the elderly: a need for activism

  • N. van Dokkum Department of Private Law, University of Natal (Durban)

Abstract

The elderly are a marginalized group in society and South African law reflects this status. The law to protect elderly citizens from abuse is inadequate. This paper examines developments in the area of child protection and the resultant Child Care Act, which could provide a model for a similar programme of action to fight abuse against the elderly. United States legislation on elder abuse is discussed as a guide for developing similar legislation for South Africa. Finally, a programme of activism is proposed to bring about the necessary changes in South African law.

References

Frank, J.A .! 993. Guardianship procedures: a clinical programme to assist in the decision-making process. Thomas Cooley Law Review, 10: 91-114.
Frolik, L.A. & Kaplan, R.L. 1995. Elder law in a nutshell. St. Paul, Minnesota: West.
South Africa (Republic). 1967. Aged Personís Act, No. 81 of 1967. Pretoria: Government Printer.
South Africa (Republic). 1983. Child Care Act, No. 74 of 1983. Pretoria: Government Printer.
South Africa (Republic). 1993. Prevention of Family Violence Act, No. 131 of 1993. Pretoria: Government Printer.
United States of America. 1992. Long-term Care Facilities and Home Health Agencies Act, No. 42. CFR SS 483.1 -484.52.
United States of America, 1965. Older Americans' Act of 1965. 42 USC SS 1397 et seq.
United States of America. 1986. Health Care Quality Improvement Act of 1986. 42 USC SS 11101 et seq.
Published
1996-04-01