Elder abuse can be defined as or repeated act, or lack of ‘a single, appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person’. Presently the law fails to protect the sexual rights whilst in aged care. elderly’s Regardless of whether by intentional act or omission the failure to meet a basic need causes harm and distress and is abuse. This is because sexual health is fundamentally linked to the physical and mental health of all people, including the elderly. Negatively affected sexual activity is a strong predictor of depression. It should be given the utmost consideration when determining adequacy of care for the elderly. Some examples of failures by aged care providers are: separating partnered residents into different rooms or single beds; not respecting privacy eg. refusing to allow doors to be closed, not and ignoring ‘do disturb’ signs; chemical depression of sexual activity. The majority of aged care providers do not have any institutional policy or information regarding sexual rights. Sexual rights are not being given institutional recognition. 4 Reform The ALRC has already recognised the importance of protecting a person’s sexual rights in their investigation into Equality, Capacity and Disability. These submissions draw on those comments. However, in that report the Commission did not make recommendations as the issues arose at a state and territory level and therefore were out of the scope of the report, and the key to addressing them was outside the limits of the law and required cultural change. However, the ALRC should make recommendations in this case. Firstly, the issue is within the responsibility of the ALRC, as Commonwealth law plays a significant role in aged care. Secondly, whilst countering prejudicial attitudes does require cultural change; legislative change is an important lever on society and can be a step to engendering cultural change. In that respect it should be noted that the legislation already works to protect two important aspects of sexual rights: reporting sexual assaults; and the special needs of LGBTI people in aged care.
Elder abuse can be defined 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’. Presently the law fails to protect the elderly’s sexual rights whilst in aged care. Regardless of whether by intentional act or omission the failure to meet a basic need causes harm and distress and is abuse. This is because sexual health is fundamentally linked to the physical and mental health of all people, including the elderly. Negatively affected sexual activity is a strong predictor of depression. It should be given the utmost consideration when determining adequacy of care for the elderly. Some examples of failures by aged care providers are: separating partnered residents into different rooms or single beds; not respecting privacy eg. refusing to allow doors to be closed, ignoring ‘do not disturb’ signs; and chemical depression of sexual activity. The majority of aged care providers do not have any institutional policy or information regarding sexual rights. Sexual rights are not being given institutional recognition. 4 Reform The ALRC has already recognised the importance of protecting a person’s sexual rights in their investigation into Equality, Capacity and Disability. These submissions draw on those comments. However, in that report the Commission did not make recommendations as the issues arose at a state and territory level and therefore were out of the scope of the report, and the key to addressing them was outside the limits of the law and required cultural change. However, the ALRC should make recommendations in this case. Firstly, the issue is within the responsibility of the ALRC, as Commonwealth law plays a significant role in aged care. Secondly, whilst countering prejudicial attitudes does require cultural change; legislative change is an important lever on society and can be a step to engendering cultural change. In that respect it should be noted that the legislation already works to protect two important aspects of sexual rights: reporting sexual assaults; and the special needs of LGBTI people in aged care.
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