Page 38 - รายงานฉบับสมบูรณ์โครงการศึกษาวิจัยเพื่อจัดทำข้อเสนอแนะนโยบายหรือมาตรการเพื่อคุ้มครองและส่งเสริมสิทธิของผู้สูงอายุ: กรณีการเลือกปฏิบัติในผู้สูงอายุ

xxxii | รายงานวิจัยฉบับสมบูรณ์ (Final Report)

3. To promote a family self- care program as a primary health care prevention
from the long-term sickness and promote the healthy life of the older persons should be
introduced. The self-care program at the family level can reduce the medical costs both

from the family’s and the government’s budgets. Ministry of Public Health, Mnistry of Social
Development, and Ministry of Interior (by Local Administraive Organizations) can set up
information and curriculum or training courses to the family members.
10) Problems in discrimination on age: Justice procedure dimension

(1) Violence and abuse:
1. Legal pusnishment in violence and negligence against the older persons: The
purposes of the Criminal Codes and the Act of Protection from Family Violence (2007) are
different. Mostly, the negligence and abuse of the older persons are the family matters. It is

inappropriate to apply the Criminal Codes which focus on punishment of the wrong doers
not on compensation and rehabilitation of the victims, who is this case an older person, and
the wrong doer is a family member. Family matters are complicated.
The rights of older persons stated shortly and broadly in the National Older

Person Act, no details to guide the implementation of the relevant agencies. The public
disclosure of the rights is also limited. These lead to the limitation in protecting the rights of
older persons.
2. To protect the victims of family violence: Even though the law to protect the

victims of family violence is very helpful, there is a gap in legal procedures to give more
weight on conciliation and conflict ending procedure. In addition the purpose of the law to
protect mainly the family institution without considering the impact on the human rights of
the older persons. This may cause the recurring violence to the older persons.

Besides the law states the protection of the victims in general, not specifically to
the older persons. This may make the officals on duty neglect the vulnerability of older
persons. The Thai older person victims themselves may be afraid of reporting the abuse or
violence by their family members whom they have to depend on.

3. Official implementation to protect the rights of older persons : The study
indicates that the implementation to protect the rights of older persons stated in the
Declaration of Older Persons does not being enforced effectively. There are many
government agencies from many ministries helping and solving the violence and abuse

problems of older persons, but they lack coordination and collaboration. From the survey,
the viotence and abuse of the older persons are perceived as private or family problems by