RIGHT TO SOCIAL INCLUSION, PARTICIPATION AND ADEQUATE STANDARD OF LIVING FOR ELDERLY IN LONG-TERM INSTITUTIONAL CARE IN MALAYSIA

Abstract

Living in long-term institutional care provides elderly individuals with a wide range of support services designed to enhance their quality of life. Nonetheless, there are still worries about whether their rights are genuinely upheld, despite these services. This article examines the rights of elderly individuals opting for long-term institutional care from an international perspective and scrutinises how Malaysia specifically addresses this right for these individuals. This article employs a library-based doctrinal approach by examining relevant international laws, Islamic human rights principles, and related Malaysian legislation. The findings indicate that, at the international level, the right to an adequate standard of living, social inclusion and participation are recognised, but it is generally provided for people of all age groups. Due to the lack of specific legislation for the elderly, no law in Malaysia explicitly provides these rights. However, for elderly individuals residing in long-term institutional care, these rights are mentioned in various provisions, such as the Care Centre Act 1993 (CCA) and Care Centre Regulations 1994 (CCR) for private long-term care, and the Rules for the Management of Old Person's Homes 1983 (RMOPH) for public long-term care.