older persons with disabilities, to social protection
programmes and poverty reduction programmes.
6.
International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families (ICRMW)
Article 7 - States Parties undertake, in accordance with
the international instruments concerning human rights, to
respect and to ensure to all migrant workers and members
of their families within their territory or subject to their
jurisdiction the rights provided for in the present Convention
without distinction of any kind such as to sex, race, colour,
language, religion or conviction, political or other opinion,
national, ethnic or social origin, nationality, age, economic
position, property, marital status, birth or other status.
16. Even though some of the rights of older persons are secured in
the above Conventions, there are still areas where aspects of the lives of
older persons are not addressed adequately by existing human rights
laws. These normative gaps include the lack of International standards
on rights within community-based centres and long-term care settings
centres for both the caregiver and the person receiving the care.17
Domestic Laws and Policies
17. In Malaysia, there is no specific law on older persons while the
most relevant provision is found in Article 8 of the Federal Constitution.18
Nevertheless, there are other laws such as the Care Centres Act 199319
and Private Healthcare Facilities and Services Act 1998 that govern the
running of private care centres and nursing homes for older persons.
17
Strengthening Older People’s Rights : Towards a UN Convention, p.6.
18
Article 8 (1) All persons are equal before the law and entitled to the equal protection of the law.
19
Governs the operation of care centres including services and facilities for older persons and ensure minimum
standards of care and services in non-government organisation and private old folks home are maintained.
REPORT ON CARE SERVICES FOR OLDER PERSONS AND SUPPORT FOR CAREGIVERS
11