The tendency of modern society is to increasingly marginalize the aging population, which in the past was considered the source of wisdom and advice, in an environment that acknowledged and valued experience acquired over the years.
Even worse is the increasing rate of physical, verbal and mental abuse cases suffered by the elderly, situation that speaks of our supposedly "more cultured, civilized, connected and cybernetic" society. Unfortunately, their own relatives, who were probably the ones who benefited from their work and efforts during their productive years, are the guilty of the abusive behavior, especially now that the elderly are found in a position of relative weakness.
Surprisingly, the existing record of complaints made by the elderly or by their close relatives is minimal because few know the existence of the Law on Protection of the Elderly No. 352-98 dated August 15, 1998 and its implementing regulation No. 1372-2004 dated October 27, 2004 which recognize the fundamental rights of the elderly, defines the abusive and harmful conduct against them and penalizes such behavior.
Under Law No. 352-98, an "elder" is considered a person over 75 years of age or less when the person is experiencing an incremental aging process that has caused increasing changes from a psychological, biological, social and material standpoint.
Among the fundamental rights of the elderly is the right to be granted special care and benefit from pleasant accommodations, as well as to be able to live, in order of priority, in their children’s home, if not at their grandchildren or siblings’ residences. Law No. 352-98, considers the following actions as abuse to the elderly:
o Consenting or imparting discriminatory treatment to the elderly because of their age, race, religion, political preference or other.
o Disrupting or disturbing proper treatment or giving improper attention to the elderly.
o Physical or moral aggression to the elderly.
o Unjustified refusal to give them access to health care, education, culture, recreation, association, or financial support.
o Preventing their stay with their families.
o Limiting their right to information, interpersonal relationships, entertainment, free association or participation in community life.
Sanctions applicable for such discriminatory or abusive behaviors towards an elderly person shall depend on the severity of the conduct, including penal sanctions such as imprisonment.
Cases of mistreatment of elderly must be reported to the National Council for the Elderly (CONAPE), an institution that is responsible for receiving such complaints and attending the psychological and legal necessities of the elderly until the situation that generated such abuse is eliminated.
The CONAPE has 24 hour call line to receive complaints (809-682-1247). As part of their assistance duties, they visit the elderly at their living quarters.
The CONAPE conducts a preliminary investigation in order to get case details and prepare a report, which should not exceed 30 days from the date of the complaint. Then, if applicable, and the case doesn’t have a serious situation, a conciliation phase is promoted between the elderly and the aggressor. In serious cases, the CONAPE provides legal assistance that can range from the filing of criminal actions to obtaining a final judgment against the offender, ordering the payment of any compensation or an order of prison.
It is extremely important to remember that this law protects the rights of the elderly and has created the governmental institutions to ensure that such rights are protected and upheld. All abuses and mistreatments must be reported and it is our duty to collaborate with the application of Law 352-98 and to defend the rights of the elderly population in the Dominican Republic.