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Legal Talk

Legal Talk

Author: Fawzia Khan
Date: 2013-03-28
Last week, with it being Human Rights Day on 21 March, I was invited to deliver a talk to a community of senior citizens in Mount Edgecombe, on human rights of the aged.

I was privileged to have tea and chat with some stalwarts of the the Mount Edgecombe area, many of whom who have lived and worked in Mount Edgecombe for decades and whose roots can be traced all the way back to the arrival of the Indian settlers back in 1860.

It's a reality that as we age, we become more frail and vulnerable and sometimes due to failing health, more dependent on others for day-to-day assistance. Under apartheid, few would deny that South Africa indeed had one of the world's worst human rights records.

With the birth of our new democracy, the Constitution of South Africa Act and Bill of Rights, was adopted and guaranteed equitable human rights for all citizens of the country.

The Bill of Rights of the Constitution of South Africa guarantees a range of rights including civil, political and socio-economic rights to everyone.

The government is required to improve the quality of life of all citizens. Older persons are thus entitled to the right to dignity, equality and non-discrimination, health care services, adequate housing, sufficient food and water and social security, including social assistance.

The government is also required to respect, protect, promote and fulfill these rights and to adopt reasonable measures to ensure that the rights of older persons are realized. According to the constitution, age is one of the prohibited grounds of discrimination.

The Equality Court will hear any discrimination based on age etc. The Older Persons Act provides a framework for the protection of older persons rights, including their socio-economic rights.

This Act also aims to empower the older persons by encouraging the initiation of development programmes and services aimed specifically at their needs. It allows des for the older person to be recipients of services provided by the State and the regulation of state subsidised residential care facilities.

Elderly abuse is a social problem which sadly some older people experience. Both the Older Persons Act as well as the Domestic Violence Act will provide the necessary protection to the abused against such ghastly violations of a person's dignity and human rights.

Know your rights! Email fawzia@thelawdesk.co.za or call 031-5025670 for any legal assistance.