Bar calls for tabling of Senior Citizens Bill to protect ageing population

Malaysia is at a critical juncture in its demographic shift towards an ageing population.

Malaysia’s Department of Statistics projects that the percentage of citizens aged 65 and above will rise from 8.1% in 2024 to 14.5% by 2040, placing unprecedented demands on the nation’s care system.

This demographic transformation presents Malaysia with an urgent and important opportunity to establish a holistic and comprehensive legal and policy framework(s) that will guarantee the protection, welfare and dignity of our senior citizens for generations to come.

The current retirement financial preparedness of Malaysians presents significant challenges that require the immediate attention of our legislative and policymakers.

According to the Employees Provident Fund (EPF), 58% of its 54-year-old members have less than RM100,000 in their savings – below the RM240,000 needed to sustain a modest monthly income of RM1,000 for 20 years, post-retirement.

This financial gap, combined with rising caregiving costs, underscores the importance of establishing robust legal protection and support systems to ensure elderly Malaysians can age with dignity, security and quality of life.

We thus welcome and applaud the government’s efforts to look into increasing the retirement age from 60 to 65, allowing senior individuals who are keen and capable to continue their valuable contributions to the workforce.

The Malaysian Bar recognises the significant effort and work undertaken by the Ministry of Women, Family and Community Development in developing the Senior Citizens Bill, as announced in mid-2024.

We understand that comprehensive legislation requires careful consideration and thorough preparation. Therefore, we commend the ministry’s reported progress on the Senior Citizens Bill, aimed at enhancing protection for Malaysia’s ageing population, and we hope that our following analysis will be considered in the final draft of the bill.

The Malaysian Bar requests the government to incorporate a holistic, rights-based framework within the final draft of the bill, ensuring proactive and legally enforceable protection for our senior citizens through the following core provisions:

• Codified rights and protections: Senior citizens must be legally guaranteed the right to healthcare, shelter, safety, financial protection and dignity — rights that are enforceable by law. This framework would align with the UN’s Principles for Older Persons, which also reflects Malaysia’s commitment to human rights.
• Accountability for neglect and abuse: The bill must include robust legal mechanisms to address emotional, physical and financial elder abuse. Proper support for victims and rehabilitative options for families must be incorporated into the framework.
• Oversight through a statutory council: Establish a national commission for senior citizens or a similar oversight regulator to oversee the implementation of the bill and ensure compliance with other relevant laws or policies, and represent the voices of senior citizens in policymaking.
• Comprehensive community and care support: Prioritise home-based and community care by ensuring access to trained caregivers and providing financial support for families caring for elderly dependents.
• Access to legal aid and financial support: Provide senior citizens with dedicated legal aid for wills, disputes and protection from exploitation, alongside fair pensions and financial assistance to secure their welfare.
• Mandatory regulation of care homes: All aged care facilities must be licensed, audited and held accountable for the treatment and welfare of their residents. Malaysia currently has 393 registered elder care centres and 26 nursing homes, with estimates indicating over 700 unregistered facilities. Regulation and licensing are crucial to ensuring the safety and dignity of seniors residing in these institutions.
• Mental health and social Inclusion: Address the challenges of isolation, depression and dementia through accessible mental health services and community engagement programmes.

Malaysia has an excellent opportunity to leverage ‘gerontechnology’ – technology specifically designed for senior citizens – to enhance independent living, improve mental health and support families with caregiving responsibilities. We can learn from the successful implementation of elderly care in Singapore and Japan, and harness the opportunity to develop innovative and creative solutions, such as wearable health devices, telehealth services and smart home systems, while ensuring these remain inclusive and protect data privacy.

The Malaysian Bar reiterates that the rights and welfare of senior citizens must be safeguarded through legislation informed by international best practices. Jurisdictions such as Canada and South Korea have demonstrated that a statutory framework for senior citizens’ welfare can be transformative, not just in providing protection for the elderly, but also in fostering dignity and inclusion.

For instance, the Canadian Government provides comprehensive support for its senior population, offering income security programmes, initiatives designed to keep seniors active and engaged within their communities, and valuable assistance to help them remain in their own homes.

South Korea established an all-inclusive Long-Term Care Insurance system designed to ensure the wellbeing of older people experiencing physical limitations or geriatric conditions, while simultaneously alleviating the caregiving burden borne by their families.

The Malaysian Bar calls on the government to continue building on the promising progress already made and looks forward to the successful completion and tabling of this transformative legislation.

A truly effective Senior Citizens Bill must tackle the root causes of neglect, abuse and systemic marginalisation faced by our ageing population.

The Malaysian Bar stands ready to contribute its legal expertise and insights to ensure that this legislation is effectively and efficiently enacted, for the benefit of all Malaysians. – Bar

Mohamad Ezri Abdul Wahab is the president of the Malaysian Bar.

The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

AGENDA RAKYAT - Lima perkara utama

1. Tegakkan maruah serta kualiti kehidupan rakyat
2. Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
3. Raikan kerencaman dan keterangkuman
4. Selamatkan demokrasi dan angkatkan keluhuran undang-undang
5. Lawan rasuah dan kronisme

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