In the architecture of modern human rights law, children stand firmly inside the gates. Older persons, however, remain curiously outside — acknowledged, respected in rhetoric, but rarely protected by enforceable legal guarantees.
Children are recognised globally as rights-bearing individuals. Older persons, by contrast, are still largely treated as recipients of welfare, charity, or family responsibility.
The contrast is striking — and increasingly untenable in ageing societies such as Malaysia.
This disparity reflects a deeper problem: while demographic ageing is accelerating, the legal and policy frameworks protecting older persons have not kept pace.
If Malaysia is serious about preparing for the “grey wave”, it must move beyond well-meaning policies and begin building a rights-based legal architecture for ageing.
World’s Recognition Of Children’s Rights
In 1989, the United Nations adopted the Convention on the Rights of the Child (CRC), establishing children as rights-holders entitled to protection, participation, development, and dignity. Malaysia ratified the CRC in 1995, and this commitment translated into concrete reforms such as the Child Act, institutional mechanisms, and national action plans.
The CRC demonstrates what happens when societies move from charity to rights. Governments become legally obligated to protect children’s interests. Policies must be aligned with rights. Courts and independent bodies can hold the state accountable.
In other words, children’s well-being is no longer dependent solely on goodwill. Malaysia’s approach to older persons has yet to reached that stage.
The Limits Of Welfare-Based Ageing Policies
Malaysia does have a National Policy for Older Persons and various action plans. These initiatives promote healthy ageing, family support, and social services. Yet, they remain primarily policy instruments rather than legal tool.
Without a dedicated rights-based law, older persons facing neglect, discrimination, or economic vulnerability often rely on informal support systems or fragmented legal remedies.
A Senior Citizens Bill has reportedly been under consideration. But unless it is framed as a rights-based statute, it risks becoming another programme-oriented framework rather than a transformative legal instrument.
This distinction matters. Policies can change with administrations. Rights endure.
Lessons From Asia: Progress And Limits
Several Asian countries have experimented with legislation protecting older persons, offering lessons for Malaysia.
China enacted the Law on the Protection of the Rights and Interests of the Elderly, first introduced in 1996 and revised in 2013. The law requires family members to support older relatives and emphasises social security, healthcare access, and protection from neglect. A widely discussed provision even obliges adult children to visit their elderly parents regularly.
The law raised awareness about filial responsibility and elder neglect. However, enforcement remains difficult, and critics argue that legal mandates cannot easily substitute for broader social protection systems.
Singapore introduced the Maintenance of Parents Act in 1995, allowing elderly parents to claim financial maintenance from adult children through a tribunal. The law provides a legal safety net for parents abandoned by their families.
While effective in some cases, it also illustrates the limitations of family-based solutions. Many older persons hesitate to sue their children, and the law does not address wider issues such as long-term care or elder abuse.
Japan, facing one of the world’s most rapidly ageing populations, took a different route by introducing its Long-Term Care Insurance (LTCI) system in 2000. This national system guarantees access to care services funded through taxes and insurance contributions.
The programme has significantly improved access to elder care, but Japan now faces rising costs and workforce shortages — demonstrating that rights-based systems require sustained financing and planning.
India enacted the Maintenance and Welfare of Parents and Senior Citizens Act in 2007, which obliges children to support elderly parents and allows tribunals to order maintenance payments. The law also provides for old-age homes and welfare measures.
Yet implementation varies widely across states, and enforcement challenges remain common.
These experiences highlight an important lesson: legislation alone is not enough — but without legislation, rights remain fragile.
Malaysia’s Opportunity
Malaysia still has time to design a comprehensive legal framework that integrates the best lessons from other countries. A Malaysian Older Persons Act could include:
- Legally enforceable protections against elder abuse, neglect, and discrimination.
- Guaranteed access to health care and long-term care services.
- Mechanisms for financial security and social protection.
- Independent oversight institutions or commissioners for older persons.
- Participation mechanisms ensuring older persons are involved in policymaking.
Such legislation would move Malaysia from welfare-based ageing policy to rights-based ageing governance.
The Global Gap In Older Persons’ Rights
The absence of a comprehensive international treaty protecting older persons further illustrates the gap.
Unlike children, persons with disabilities, or women, older persons are not protected by a dedicated UN convention. The UN Open-Ended Working Group on Ageing, established in 2010, has been examining these gaps and considering the feasibility of a legally binding international instrument.
Momentum is slowly building for a UN Convention on the Rights of Older Persons, which could establish global standards for dignity, autonomy, healthcare, and protection from abuse.
For countries like Malaysia, participating in these negotiations would be strategically important. A convention would not only strengthen international norms but also provide guidance for domestic legislation.
From Kindness To Justice
Older persons do not need sympathy. They need rights.
Malaysia’s ageing population will nearly double in the coming decades. The question is not whether the country will face the challenges of ageing — it is whether policymakers will act before those challenges become crises.
Two steps are now essential:
- Malaysia should enact a comprehensive rights-based law protecting older persons.
- Malaysia should play an active role in advancing a UN framework convention on the rights of older persons.
Children once depended on charity too — until the world decided they deserved something stronger.
It is time to make the same decision for older persons.
Dr Zarihah Zain is a public health physician who retired from the Ministry of Health in 2012 and is now a part-time lecturer in community medicine and medical ethics. She is also vice-president of the Malaysian Women’s Action for Tobacco Control and Health (MyWATCH).
- This is the personal opinion of the writer or publication and does not necessarily represent the views of CodeBlue
