The protection of human rights is a fundamental tenet of any just and equitable society. However, the rights of seniors, a rapidly growing demographic in Australia, are often overlooked or insufficiently protected. In this blog, we will make the case for more stringent government efforts to protect older people’s rights, under a so-called “Australian Human Rights Act.” We will also discuss Australia’s current status regarding the 2010 Human Rights Framework and the National Human Rights Action Plan.
The Need for Human Rights Act for Seniors
Australia’s ageing population is a significant demographic shift with far-reaching consequences. As seniors constitute an increasingly significant portion of the population, it becomes imperative to address and protect their rights comprehensively. The following arguments underscore the necessity for an Australian Human Rights Act.
Preventing Elder Abuse
Elder abuse, both physical and financial, is a grave concern that affects a substantial number of seniors. An Australian Institute of Family Studies (AIFS) report revealed that as many as one in every six elderly Australians have suffered abuse. A joint study by the University of South Australia (UniSA) and Edith Cowan University dissected that further and found that elderly victims do not know how and where they can file a complaint without retaliation from allegedly abusive care staff. An Australian Human Rights Act can explicitly address and combat this issue.
Quality of Care
As seniors may require healthcare and aged care services, it is essential to ensure that their rights to dignified care, informed consent, and fair treatment are protected.
Age Discrimination
Ageism is a pervasive issue, and seniors often face discrimination in various areas, including employment and healthcare. Legislation can explicitly outlaw such discrimination.
Independence and Autonomy
Seniors should have the right to make choices about their lives and living arrangements, preserving their independence and autonomy as much as possible.
Property and Financial Security
Economic abuse and property-related issues can leave seniors vulnerable. Legal protections under a Human Rights Act can help safeguard their financial well-being.
Human Rights Protection in Australia
Australia has taken some significant steps to protect human rights, but there remains room for improvement. As of now, the primary framework for human rights in Australia includes:
- Human Rights Framework: Introduced in 2010, this framework aimed to promote a culture of respect for human rights in the public sector. While it was a notable step, it lacks legislative teeth and is limited in scope.
- National Human Rights Action Plan: Launched in 2012, this plan aimed to further strengthen human rights protection. It identified key areas for action, including improving aged care, but lacked a dedicated focus on seniors’ rights.
While these initiatives have been valuable in fostering a human rights culture, they fall short of providing comprehensive and enforceable protection for seniors. As such, the need for an Australian Human Rights Act, similar to those in countries like the United Kingdom and New Zealand, is evident.
Australian Human Rights Act
An Australian Human Rights Act would serve critical purposes in protecting seniors’ rights.
It would provide a comprehensive legal framework to safeguard the rights of all individuals, including seniors, and set clear expectations for compliance.
The Act could explicitly address seniors’ rights, ensuring that their unique needs and challenges are recognised and protected.
With an Act in place, individuals and organisations that violate seniors’ rights could be held accountable through legal mechanisms.
It could establish an independent body responsible for monitoring and advocating for human rights, including those of seniors. The body would have the authority to investigate and report on human rights violations.
An Act would encourage education and awareness about seniors’ rights, fostering a more respectful and inclusive society.
The Older Persons Advocacy Network (OPAN) has been active about the case for such an Act to be enacted in Australia. In a submission from September 2023, OPAN accounted for Australia’s signing of multiple UN Conventions that stemmed from the UN’s Universal Declaration of Human Rights in 1948, and the country’s own anti-discrimination and equal opportunity laws. The network also drafted two case studies about breaches of older people’s rights even with relevant legislation still in effect.
“As you age, your human rights are eroded. To put it bluntly, you are not seen as an equal to our younger citizens. We think that is completely unacceptable… we are urging the Federal Government to take action and formalise better protections for older people in a legislated manner. All older people must have the right to receive quality healthcare when and if they need it – whether that be for existing healthcare needs, chronic conditions, or emergencies,” said OPAN CEO Craig Gear.
In a related tangent, OPAN later signed up to a major submission about human rights angles that must be put in the Aged Care Act, which the federal government formally enacted into law on 1 July 2024. This new Act will succeed the Aged Care Act 1997, Aged Care (Transitional Provisions) Act 1997, and the Aged Care Quality and Safety Commission Act 2018.
Gear said a recent series of public discussions yielded insights on important issues that may help the new Aged Care Act to be highly effective. They include monitoring and enforcement of seniors’ rights, more autonomy for seniors in aged-care decision-making, and the appointment of a “statutory complaints commissioner” who will preside over a person-centred feedback and complaint framework.
International Human Rights Legislations
Australia could draw inspiration from human rights legislation in other countries that have been instrumental in protecting seniors’ rights:
- Human Rights Act (1998) – United Kingdom: The UK Human Rights Act incorporates the European Convention on Human Rights into domestic law, providing a legal framework for human rights protection.
- Bill of Rights Act (1990) – New Zealand: This Act affirms New Zealand’s commitment to the Universal Declaration of Human Rights and is considered a significant step in the protection of human rights.
- The Canadian Charter of Rights and Freedoms (1982) – Canada: This charter forms part of Canada’s constitution and has played a crucial role in safeguarding human rights, including those of seniors.
Conclusion
Australia’s seniors deserve robust legal protections for their human rights. The current 2010 Human Rights Framework and the National Human Rights Action Plan have been positive steps, but they do not provide the comprehensive and enforceable protections required to safeguard seniors’ rights adequately. An Australian Human Rights Act could rectify this situation by providing an explicit, legally binding framework for the protection of seniors’ rights and ensuring accountability for violations. By taking this step, Australia can demonstrate its commitment to protecting the rights and dignity of its growing senior population and uphold the principles of a just and equitable society.
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DISCLAIMER: This article is for informational purposes only and does not constitute official advice. A.S.A.G. is not affiliated with any mentioned brands or companies.