Summary.
The draft bill amends Article 212-B of the Criminal Code (Código Penal), added by Law 149 of April 24, 2020. It inserts item 8 into the list of acts constituting mistreatment of an older adult for the purposes of the preceding article. The added conduct is abandoning an older adult or leaving that person without care or protection. The heading places this amendment in the context of Law 149 of April 24, 2020, which amended Law 36 of August 2, 2016.
The proposed definition covers a deliberate and unjustified act or omission by a person legally or familiarly bound to provide the older adult with care, assistance or protection. That conduct must leave the person without care or protection, or result in the neglect of basic needs. The item lists food, housing, hygiene, medication, medical care, supervision and companionship. It also covers any other care essential to preserving the person’s life, health, physical, mental or emotional integrity, and dignity. The provision thus connects abandonment both to a condition of being left without care or protection and to the failure to meet essential needs and provide essential care.
Article 2 assigns the Ministry of Social Development (Ministerio de Desarrollo Social) responsibility for developing and implementing a National Action Protocol. It requires coordination with the Ministry of Health (Ministerio de Salud), the Social Security Fund (Caja de Seguro Social), the Public Prosecutor’s Office (Ministerio Público), the National Police (Policía Nacional) and other competent institutions. The protocol addresses comprehensive handling of cases of abandonment, neglect or mistreatment of older adults. Its stated purpose is to ensure a timely, coordinated and effective response to protect their rights. The provision therefore brings the named institutions together around those cases and the comprehensive response contemplated by the protocol.
Article 3 again identifies the amendment to Article 212-B of the Criminal Code, added by Law 149 of April 24, 2020. It states that the draft bill incorporates provisions aimed at strengthening the protection of older adults against abandonment as a form of mistreatment. Article 4 provides that the law would take effect on the day following its promulgation.
The draft bill accordingly relates the Ministry of Social Development, the Ministry of Health, the Social Security Fund, the Public Prosecutor’s Office and the National Police to the handling of these cases. Its provisions could also concern or affect older adults, people with legal or family duties of care, assistance or protection, and services associated with food, housing, hygiene, medication, medical care, supervision and companionship.
What it proposes.
- Classification of abandonment or neglect of older adults as mistreatment.
- Duties to care for, assist and protect older adults.
- Institutional coordination for comprehensive handling of abandonment, neglect or mistreatment cases.
Who it would affect.
- Older adults.
- People legally or familiarly bound to provide them with care, assistance or protection.
- Institutions competent to handle abandonment, neglect or mistreatment cases.
Key points.
- Proposes adding item 8 to Article 212-B of the Criminal Code to treat abandoning an older adult or leaving that person without care or protection as mistreatment.Art. 1
- Defines abandonment as a deliberate and unjustified act or omission by a person legally or familiarly bound to provide care, assistance or protection.Art. 1
- The conduct covers leaving an older adult without care or protection or neglecting basic needs and essential care.Art. 1
- Assigns the Ministry of Social Development responsibility for developing and implementing, in coordination with other competent institutions, a National Action Protocol for comprehensive handling of these cases.Art. 2
- Identifies the amendment to Article 212-B of the Criminal Code and the addition of provisions protecting older adults against abandonment as a form of mistreatment.Art. 3
- Provides that the law would take effect on the day following its promulgation.Art. 4