Understand and End Financial Abuse of Older People: A

Human Rights Issue

Md. Lutfur Rahman

A person mainly passes five stages in his lifespan. The stages are infancy, childhood,
adolescence, adulthood and old age. Old age starts after sixty years of age and ends in death.
According to World Population Ageing Report 2015, between 2015 and 2030, the number of
people in the world aged 60 years or over is projected to grow by 56 per cent, from 901 million
to 1.4 billion, and by 2050, the global population of older persons is projected to more than
double its size in 2015, reaching nearly 2.1 billion. Over the next 15 years, the number of older
persons is expected to grow fastest in Latin America and the Caribbean with a projected 71 per
cent increase in the population aged 60 years or over, followed by Asia (66 per cent), Africa
(64 per cent), Oceania (47 per cent), Northern America (41 per cent) and Europe (23 per cent).

Bangladesh is the eighth largest populated (164,722,580) and aged 60 years or over is projected
to grow by 600,000. Traditionally, elderly people are revered in Bangladeshi society. However,
along with changes to the traditional social institutions, these values of deference and respect
of the elderly are also changing rapidly due to the impacts of modernization and urbanization.
The numbers of nuclear and small size families are increasing while the traditional status and
role of the seniors have at the same time reduced.

Elder abuse is any act which causes harm to an older person and is carried out by someone they
know and trust. According to World Health organization "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". Elder abuse can take various forms such as
financial, physical, psychological and sexual. It can also be the result of intentional or
unintentional neglect. WHO estimates that 15.7% of people 60 years and older are subjected
to abuse. These prevalence rates are likely to be underestimates as many cases of elder abuse
are not reported.

The United Nations General Assembly, declared June 15 as World Elder Abuse Awareness
Day (WEAAD). It is the main day in the year when the world voices its opposition to the abuse
and suffering inflicted on older people. Understand and End Financial Abuse of Older People:
A Human Rights Issue The 2017 theme underscores the importance of preventing financial
exploitation in the context of elder abuse to the enjoyment of older persons human rights. In
line with the 2030 Sustainable Development Agenda and the Madrid International Plan of
Action on Ageing, older people have the right to a life of dignity in old age, free of all forms
of abuse, including financial and material exploitation, which could lead to poverty, hunger,
homelessness, compromised health and well-being, and even premature mortality.

The rights of the elderly are provided for in the Constitution of the Peoples Republic of
Bangladesh. As per Bangladesh constitution, the needy elderly people has a right to social
security. This is one of the fundamental principles of state policy (article 15d) and fundamental
rights (article 26-47A). Under the Contract Act, 1872 and the Law of Torts any mistreatment
and failure in caring may be subject to a civil suit. The cause of action may be taken against
the management of an institution for a breach in contract to care, even though there might not
be a written contract; and damages can be claimed for the wrong done, however in the effort
to alleviate elder abuse there is a need to seriously take cognizance of this relevant provision
in the Penal Code under which a breach of contract may attract criminal liability. Elder abuse
is also regarded as domestic violence. In Bangladesh, the Domestic Violence (Prevention and
Protection) Act, 2010 recognizes violence toward older persons, and defines it as a breakdown
in social relations between an older person and his or her family. Moreover, only older women
may take action under this Act and lodge a report.

Parents Maintenance Act, 2013, this is the first legislation of its kind which not only
recognizes the right to maintenance of the parents but also the grandparents in the absence of
parents from both father and mother side. Under the Act, male and female children are equally
responsible to maintain their parents and if there is more than one child they can ensure
maintenance by consultation among themselves. Further, if any child does not provide
maintenance to his/her parents without any reasonable ground or compels them to live in any
parents care or any other place they will be punished under this Act.

Bangladesh faces an uphill task in addressing elder abuse. Therefore, the first priority would
be to have a comprehensive legal framework or regime followed and supported by designated
agencies or institutions for implementation purposes.

The writer is final year student, Department of Law, Daffodil International University,
Dhaka.