Bill 253.

Summary.

The bill states that its purpose is to guarantee older persons the exercise of rights recognized by the Political Constitution of the Republic (Constitución Política de la República), without prejudice to those recognized by Law 6 of 1987. It amends the definitions in Law 36 of 2016 concerning social assistance and care, care centers and institutions, social integration, participation across generations, and age discrimination. It defines an older person as a Panamanian or foreign resident in the national territory who is sixty years of age or older.

It restates older persons’ rights to remain at home and with their families, receive priority for care in their residence, maintain personal relationships, take part in informed decisions concerning health and property, retain their property, and receive protection against abuse and neglect. It proposes that a principal residence registered in an older person’s name be exempt from attachment when registration has remained uninterrupted for more than 15 years, except where that person has pledged the property as security for a mortgage loan. Municipal day centers and care institutions would have to receive older persons affected by violence as a protective and preventive measure.

The bill replaces the title and articles governing the institutional framework. It creates the National Institute for Older Persons (Instituto Nacional de la Persona Adulta Mayor), attached to the Ministry of Social Development (Ministerio de Desarrollo Social) and represented before the Executive Branch (Órgano Ejecutivo) by that ministry. The institute would develop and implement social policy and the national plan, coordinate programs and care services, encourage participation and research, oversee rights and care centers, issue opening certificates, and impose suspensions, closures and fines. It provides for coordination with the Ministry of Foreign Affairs (Ministerio de Relaciones Exteriores) on reports and requests to the Ministry of Commerce and Industries (Ministerio de Comercio e Industrias) to cancel operating notices for unauthorized establishments. It establishes a director and deputy director appointed by the Executive Branch, their qualifications, duties and succession arrangements, and tax exemptions for the institute.

The bill regulates the National Coordinating Body for Older Persons (Coordinadora Nacional de la Persona adulta mayor), with representatives from the Ministry of Social Development, the Ministry of Health (Ministerio de Salud), the Social Security Fund (Caja del Seguro Social), the Panamanian Sports Institute (Instituto Panameño de Deportes), and other public areas. It sets out the body’s coordinating duties and rules on voting, replacement and meetings. It creates the National Advisory Council for Older Persons (Consejo Nacional Asesor de Personas adultas mayores) as a participatory and advisory body with public, social, academic, professional and religious members, including the Interreligious Committee of Panama (Comité Interreligioso de Panamá). Its duties include advice, monitoring, research and the promotion of provincial forums.

The institute would promote and oversee the various forms of Comprehensive Care Centers for Older Persons. Following an investigation, the listed breaches could lead to suspension and temporary closure or to cancellation and complete closure, together with fines. The sanctions procedure would follow Law 38 of 2000. The bill also changes the description of the Order of “CARMEN MIRÓ” medal, the membership of its council—with participation by the National Assembly (Asamblea Nacional) and the Council of Rectors of the Republic of Panama (Consejo de Rectores de la República de Panamá)—and the public call administered by the Executive Branch.

The National Assembly would prepare and arrange publication in the Official Gazette of a consolidated text of Law 36 of 2016 incorporating the amendments made by Law 149 of 2020 and those proposed here. The provisions concern the named public bodies, older persons and their families, care facilities, social organizations, and health and social security services in the Republic of Panama (República de Panamá).