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often preferred by the patient. It also reduces reliance on formal or institutional care,
minimizing the burden on these limited resources. However, older persons are often placed,
or find themselves, in informal care without a thorough assessment, exposing them to risk.
Such risks include inadequate care by a person who is not equipped to provide the necessary
care, as well as the risk of abuse by a caregiver. Numerous States have introduced initiatives
to provide support to carers, such as financial support in lieu of lost income, and respite
care, which allow older persons to stay at home as long as possible, whilst receiving goodquality care.29
48.
Formalized long-term care of both types is already prevalent in much of the
developed world. In the developing world, traditional social dynamics are also undergoing
changes due to various globalizing factors. Families play a steadily less prominent role as
primary health-caregiver of older persons, and government institutions and medical
professionals are assuming a bigger role in care-giving. The situation is exacerbated in
developing countries by the lack of adequate institutional mechanisms and absence of
measures to protect the rights for older persons in the context of external and non-family
care. Developed countries, where infringements on the rights of older persons also take
place, feature only relatively better in developing such mechanisms.
49.
The Special Rapporteur stresses the impact of institutionalization on the autonomy
of older persons and its often harmful effect on their dignity. Loss of full independence,
restricted freedom of movement and lack of access to basic functions would cause feelings
of deep frustration and humiliation to any individual. Older persons are no exception to this.
It is essential that complaints mechanisms are put in place to address practices that
unnecessarily restrict liberty and autonomy of older persons and to enable them to reclaim
their dignity.
50.
The Special Rapporteur is particularly concerned about unreported violence
directed against older persons in care. As with other vulnerable and marginalized groups,
special attention is needed to protect older persons from abuse and to ensure that their rights
are not violated in settings where they might be especially prone to violations. Abuse of
older persons is defined as 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. 30 It is important to note that abuse is often insidious, limiting the
autonomy of older persons in subtle ways. It can take various forms, including physical,
psychological, emotional, sexual or financial abuse, or be affected by neglect.
51.
The abuse of older persons can be complex when the abusing caregiver is a relative
or a family member. The frequency of elder abuse in the domestic setting, including abuse
perpetrated by family members, was estimated by one study as occurring in anywhere
between 2 and 10 per cent of all cases. In an institutional setting incidences of abuse are
even harder to ascertain Abuse may also take the form of prejudicial and discriminatory
attitudes and acts, which manifests itself through paternalism towards older persons in care,
leaving them feeling humiliated, infantilized, and robbing them of the identity they
otherwise have as human beings.
52.
In some instances, health-care workers themselves may not even recognize
instances of abuse. Health-care workers should therefore be trained and assisted in
identifying possible cases of abuse. Models of such training and intervention are used in
cases of domestic abuse and may serve as workable models for dealing with recognition and
treatment of the abuse of older persons. Health-care workers need to become aware of the
29
30
OECD, Long-term Care for Older People (OECD, Paris, 2005), p. 11-12.
WHO, The Toronto Declaration on the Global Prevention of Elder Abuse (WHO, Geneva, 2002), p.
3.
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