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Human Rights & Non-discrimination in Aged Care

presentations
Human Rightsnon-discrimination in aged care
20 September 2023
Author: Presented by the Australian Human Rights Commission

About this presentation

In 2021, the World Health Organization released the “Global Report on Ageism”. It contains one of the best definitions of ageism:

‘Ageism refers to the stereotypes (how we think), prejudice (how we feel) and discrimination (how we act) directed towards people on the basis of their age.” [i]

Ageism is an obstacle to achieving an aged care system which respects and supports human rights.

It can also result in older people feeling they cannot exercise their rights and that their concerns are not being acknowledged and addressed.

Ageism can be malevolent or benevolent. Families, health professionals and institutions like aged care facilities can overprotect and reduce an older person’s autonomy – sometimes to the point of malevolent ageism, which can lead to the ignoring of the wishes and autonomy of older people, and their abuse and neglect.

Individuals working in health and aged care services can reinforce and perpetuate ageism and discrimination based on age, often through unconscious bias.

The Royal Commission undertook research into ageism, which included a survey[ii] and qualitative research[iii] into the relationship between ageism and attitudes towards older people in aged care.

This research found prevalent negative descriptors of older people include a perception that they are:

  • vulnerable
  • frail
  • slow
  • close-minded
  • inflexible
  • lonely
  • scared
  • invisible
Human Rights & Non-discrimination in Aged Care

Key insights

HUMAN RIGHTS
› Breaches by or on behalf of the Commonwealth
› Rights and freedoms recognised under certain international instruments
› No enforceable remedy

EQUAL OPPORTUNITY AT WORK
› Discrimination in employment or occupation
› On particular grounds, including

  • Criminal record
  • Religion
  • Trade union activity

› Not always discrimination

  • Inherent requirements
  • Staff of religious institutions

› No enforceable remedy

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