Just last week, I found myself watching intently as a spoilt, entitled man-child harassed his elderly mother for money to feed his voracious gambling habit. His response became increasingly menacing and intimidating when he realized that she was reluctant to give in to his demand. Still, he continued to badger this adorable old woman and in a public place at that, showing no regard for her or for others present, who looked on in shock and disbelief.
Although both the man and his elderly mother were paid actors hired by the producers of the hit show “What Would You Do?”, I was deeply moved by the episode—perhaps because I know that it reflects the lived realities of elderly persons who suffer abuse at the hands of their adult children, grandchildren, caregivers and other trusted persons. It is truly appalling that some people exploit and abuse elderly people, babies and children who, despite the age differential, share a common vulnerability and dependence on others to meet their needs.
It is equally appalling that elderly people are sometimes seen as burdens and less useful in old age, regardless of the nature and impact of their past contributions. Even when elderly persons have not developed senility, they often show clear signs of vulnerability. As such, there should be a strong impetus to protect them from abuse (financial, physical, emotional, sexual, and psychological), mistreatment, discrimination, neglect, and abandonment across various contexts.
It has been noted that ‘[i]n many Asian, Hispanic, and Middle Eastern cultures, there is a strong emphasis on filial piety—the sense of obligation and respect towards caring for one’s parents and elders at home.’ Accordingly, ‘[a]dult children are expected to have their aging parents live with them to provide daily care and company…[and]…sending parents to nursing homes is often seen as deeply dishonourable.’ On the other hand, “…in Western nations the cultural mindset places higher value on individualism and independence…” (Lee Ann O’Brien, ‘Elders Day and the Different Cultures Opinions on Facilities’ (McGregor), August 20, 2024). It is therefore unsurprising that the countries with the largest concentration of Asian and Hispanic populations, such as Costa Rica, Bolivia and Vietnam, have some of the strongest elder protection laws.
By contrast, Jamaica has not enacted legislation to tackle elder abuse and discrimination. As recently as 2024, there were calls for the introduction of dedicated legislation to tackle the issue of elder abuse in Jamaica. Leading those calls was Jean Lowrie-Chin, who is the founder of the Caribbean Community of Retired Persons (CCRP). The CCRP is a non-profit organization concerned with advocating for the protection of senior citizens. In their recent survey, which included participation from among its 12,000 members, the CCRP concluded, among other things, that maltreatment, neglect by caregivers, and financial abuse experienced in public, private and institutional spaces, such as nursing homes and long-term care facilities, negatively impacted seniors in significant ways. While Jamaica introduced a National Policy for Senior Citizens in 2020 (with a revised version having been introduced in 2021), it does not enjoy the force of law and, as such, does not convey the seriousness of elder abuse or offer justiciable avenues for redress to victims of elder abuse.
The Inter-American Convention on Protecting the Human Rights of Older Persons (adopted by the OAS Member States in 2015) establishes a comprehensive normative framework for conceptualizing with a view to addressing elder abuse through legislative, institutional and policy-oriented interventions. The Convention is the “first regional instrument to specifically protect the rights of older persons”. Its primary objective is to “promote, protect, and guarantee the full recognition and exercise of the human rights and fundamental freedoms of older people”. It also aims to “foster their inclusion, integration, and participation in society under conditions of equality”. Moreover, the Convention also makes provision for individuals to submit complaints to the Inter-American Commission on Human Rights (IACHR) about alleged violations of the human rights of older persons recognized in this instrument (IACHR, ‘IACHR urges OAS member states to sign and ratify the Convention on the Protection of the Rights of Older Persons’ (IACHR Press Release), December 14, 2018). As at the time of writing, only 12 countries across the Caribbean and Latin America have acceded to the Convention. They are: Argentina; Bolivia; Chile; Colombia; Costa Rica; Ecuador; El Salvador; Mexico; Peru; Suriname; Uruguay; and, more recently, Belize (IACHR, ‘IACHR welcomes Belize’s accession to the Inter-American Convention on the Human Rights of Older Persons’ (IACHR Press Release), December 20, 2024).
Regrettably, Jamaica is yet to accede to the Convention. This non-accession, coupled with the absence of protective legislation, calls Jamaica’s commitment to tackling elder abuse into question. Indeed, where is Jamaica’s commitment to tackling elder abuse and affirming—in law, not just policy—its respect, regard, and even reverence, for the equal rights and dignity of some of our most vulnerable citizens? Ageing with dignity and enjoying a dignified old age should be understood as fundamental rights, which Jamaica must act decisively to respect, protect and fulfil in practice. This will become even more of an imperative since elder abuse is predicted to increase as many countries continue to experience rapidly ageing populations (World Health Organization 2020).
Amanda Janell DeAmor Quest is a Jamaican Attorney-at-Law. Feedback on her musings can be sent to amandajdquest@gmail.com.
