AARP International

Q & A Session

Argentina: Q & A with Dr. Lia Diachman Post Comment

In Observance on the World Elder Abuse Awareness Day (WEAAD) 2008

 

Elder Abuse: Definitions

Elder abuse is 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."
(UK's Action on Elder Abuse, 1995, INPEA, 1997, OMS, 2002, UN, 2002)

Structural Abuse (Societal)

Lack of adequate Health and Social Policies, bad practice and no fulfillment of the existing legislation, presence of social, community and cultural norms which disqualify and give negative images of ageing, causing harm or distress to an older person and expressed as Discrimination, Marginality and Social Exclusion. (INPEA Latin America, Chile, CEPAL-CELADE, 2003)

  

"PROTEGER" (To protect)

Is one of the current governmental Programs on Promotion of Social Welfare and Old Age; deals mainly with elder abuse situations in Buenos Aires D.C and was officially established in1998.

Several professionals work for the program: Social Workers, Psychologist, Physicians, Lawyers and community workers.

Its main objective is to guarantee the rights of aged people by PREVENTION, PROMOTION and ASSISTANCE.

Proteger is quite a busy program which had a dramatic referrals increase of more than 50% during the last few years, and which is not yet sufficiently known by the population as a whole; probably unable to have enough human and economic resources to deal with most of the problems at the present time.

"Proteger" also runs a Free help line.

 

Recent Developments and Policies (2007-2008)

  • The National Ministry of Social Development, under Resolution 215/07 delegates on the National Direction of Elder's Policies, the responsibility of taking over Policies of Prevention on Discrimination and Mistreatment towards the elderly population.
  • Launching of the National Prevention Program on Discrimination and Elder Abuse.
  • National Survey on :

                Elder's perception on discrimination and elder abuse. (In progress)

                Elder's perception on the social representation of old age. (In progress)

  • To sensitize on the rights of elders orientated to community's key actors.
  • Development a didactic kit orientated to educators, social communicators and health professionals linked and working with elders, identified as key-persons for the transformation and changing of negative images of aging on the elder population.

  

LEGAL ASPECTS

The Protection Law against Violence Nº 24.417, passed on December 1994, enforced to start with in Buenos Aires DC but at the present time in most of the Argentinean's provinces.

".................Minors, Elderly, and Handicapped. Their legal representative and/or Public Ministry must report the events. Reporting is also mandatory for care, social or educational service, public or private, health officials and for any officials on account of his/her task........."

"Lesions: any person suffering lesions or physical mistreatment or any member of his/her family group could report these events verbally or in writing to the Judge with jurisdiction

In family affairs and request the corresponding preventing measures. In what concerns this law, a family group is originated by marriage or by cohabitation."

The Family Tribunals Courts, "Tribunales de Familia", are the civil courts with competence in this law.

This law also allows the possibility to denounce through the "Centro de Denuncia Inmediata" without lawyer assistance.

  • The law, however, is not well known by society in general because has not been well publicized. This law establishes types of offenses but does not specify sanctions for each of them. In such cases, the Penal Code of Laws actions could be applied.

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