This article is focused on the following UN sustainable development goals:
Legality
On October 29, 2006, the South African government enacted the elder person’s act No.13. The legislation includes a legal definition of elder abuse and sets an initiative to deal with or address elderly abuse. Section 1 of the act states:
Section 1 of the OPA defines "older person" as, "a person who, in the case of a male, is 65 years of age or older and, in the case of a female, is 60 years of age or older."("Legal Definitions").
The legislation restricts the definition of the act within relationships of trust. Section 30, however, broadens the definition to establish:
"that a person convicted of any crime or offence has abused an older person in the commission of such crime or offence must be regarded as an aggravating circumstance for sentencing purposes."("Legal Definitions").
The section goes on to elaborate:
2) Any conduct or lack of appropriate action, occurring within a relationship where there is an expectation of trust, which caused harm or distress or is likely to cause harm or distress to an older person constitutes abuse of an older person.
(3) For the purposes of subsection (2), 'abuse' includes physical, sexual, psychological, and economic abuse and—
(a)'physical abuse' means any act or threat of physical violence towards an older person;
(b) 'sexual abuse' means any conduct that violates the sexual integrity of an older person;
(c) 'psychological abuse' means any pattern of degrading or humiliating conduct towards an older person, including—
(i) repeated insults, ridicule, or name-calling;
(ii) repeated threats to cause emotional pain; and
(iii) repeated invasion of an older person's privacy, liberty, integrity, or security;
(d) 'economic abuse' means—
(i) the deprivation of economic and financial resources to which an older person is entitled under any law;
(ii) the unreasonable deprivation of economic and financial resources which the older person requires out of necessity; or
(iii) the disposal of household effects or other property that belongs to the older person without the older person's consent
("Legal Definitions").
United Nations Perspective
The UN’s Department of Economic and Social Affairs defines elder abuse 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”
("World Elder").
Context
Throughout the Apartheid era, migrant labour formed a massive part of the economy. Migrants would often have to travel to work in mines and in other economic sectors. This would usually be on a monthly basis and involved black migrant workers, who were composed of young men and women, to stay in these areas i.e. away from home for long stretches of time. This left elders in the homelands or ‘bantustans’, which were partially self-governing areas set aside for black people in tandem with their tribal/ethnic identification, to assume a caretaker role over small children.
“And also lead to older persons being left behind in rural areas, vulnerable to neglect and social isolation." (Jacobs).
In some capacity, this is still the reality of many black South African households, as the tradition of the Elderly being responsible for children is still in practice. This responsibility is extended to economic and social responsibility, as the elderly often receive pensions which usually have to sustain entire families. However, it is also important to emphasize the effect of HIV\AIDS on the state of elderly people. In 2017, it was estimated that 12.7% of the total population were HIV positive with black women being the most vulnerable (Kotze). HIV\AIDS has contributed to the state of reliance on the elderly, as grandparents have to take care of ill or orphaned grandchildren. This puts further pressure on the pensions of older people.
The State of Research
Research into elderly abuse is extremely underwhelming throughout the world for a number of reasons. Firstly, research is limited by a lack of consensus on an operational definition of elder abuse (Kotze). However, the specific facets of elderly abuse have been agreed upon i.e. physical abuse, psychological or verbal abuse, sexual abuse, financial exploitation, and neglect (Kotze). And secondly, in South Africa and other developing countries, there is a lack of funding and general differences in socio-cultural nuances. This is because of high poverty rates exacerbated by HIV\AIDS and high unemployment rates, and this creates a definitional gap between international standards set by more developed countries.
There are, however, a few studies based in certain areas of South Africa. A Mahikeng study reported that 64.3% of elderly men and 60.3% of elderly women reported abuse. Men were found to experience more physical abuse, and women were found to experience more emotional, financial, and sexual abuse (Kotze).
“Subsequently, statistics are under-reported, so we are not seeing the full extent of how dire the situation truly is. While World Elder Abuse Awareness Day is important to draw attention to this crime against humanity, constant awareness, vigilance, and reporting of misconduct must take place day and night if we are ever to achieve any success in slowing down and even eradicating this scourge.”(O'Neil).
Covid-19 in relation to Elderly abuse
“Early reports on domestic and family violence have indicated significant spikes in reported cases since the start of lockdown on 27 March 2020 “(Jacobs).
It is also relevant to note that lockdowns in South Africa, as well as in other countries, contributed to a general increase in elder abuse.
“Rates of elder abuse have increased during the COVID-19 pandemic”(“World Elder”).
States the WHO.
Covid-19 has exposed some of the ways in which people, in general, are treated at home and furthermore how elders are treated at home. This is not to say that Covid-19 lockdowns are the cause because they are not. Covid-19 has simply exposed the underlying issues.
Another way Covid-19 has indirectly affected the elderly is through the support structures such as old age societies or care homes being financially affected. This means that the services provided to old people have been crippled by a lack of funding from the department of social development. These old age groups would serve as a place for old people to report abuse, or to seek help.
The Solution - Research
In order to address the issues that have been elaborated on, it is important to understand the very specific cultural factors that give rise to elderly abuse in South Africa. Research on the nature and prevalence of elderly abuse in South Africa needs to be conducted There are many many culturally specific factors that give rise to elderly abuse. The definition gap demonstrates this as more developed countries have had different cultural, social, and economic circumstances than South Africa, and although elderly abuse is common everywhere, understanding the nature of abuse in South Africa is imperative to solving the issue.
These may include:
Including understanding of culturally specific forms of abuse.
barriers and facilitators for intervention.
The effectiveness of protection services including rehabilitation and reintegration.
(Jacobs).
Remember, Change starts
Works Cited
Jacobs, Roxxanne. "COVID-19 and elder abuse, a perspective from South Africa." LTC Responses to Covid-19, LTC, 15 June 202, ltccovid.org/2020/06/15/covid-19-and-elder-abuse-a-perspective-from-south-africa/#:~:text=There%20are%20no%20official%20reports,lockdown%20on%2027%20March%202020. Accessed 8 Mar. 2022.
Kotze, Carla. "Elder Abuse—The Current State of Research in South Africa." NCBI, US national library of medicine, 4 Dec. 2018, www.ncbi.nlm.nih.gov/pmc/articles/PMC6288468/. Accessed 8 Mar. 2022.
"Legal Definitions of Elder Abuse and Neglect." Government of Canada, 8 Dec. 2021, www.justice.gc.ca/eng/rp-pr/cj-jp/fv-vf/elder-aines/def/p6.html. Accessed 8 Mar. 2022.
O'Neil, Lana. "SA facing 'uphill battle' in fight against elder abuse." Boksburg Advertiser, 19 June 2020, boksburgadvertiser.co.za/390137/sa-facing-uphill-battle-in-fight-against-elder-abuse/. Accessed 8 Mar. 2022.
"World Elder Abuse Awareness Day." United Nations: Department of Social and Economic Affairs- Ageing, UN, 1 Jan. 2021, www.un.org/development/desa/ageing/world-elder-abuse-awareness-day.html. Accessed 8 Mar. 2022.
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