Elderly Rights and Care Law in Saudi Arabia

The Elderly Rights and Care Law in the Kingdom of Saudi Arabia is a set of legal rules dedicated to the rights and care of the elderly in the Kingdom. It ensures the provision of essential needs such as housing, food, clothing, and comprehensive health, physical, psychological, social, and recreational care. The law was issued on January 6, 2022.

The Elderly Rights and Care Law provides both statutory and legal rights for the elderly in the Kingdom. An elderly person is defined as any citizen who has reached the age of sixty years or more.

The Elderly Rights and Care Law stipulates that the Ministry of Human Resources and Social Development, in coordination with government and private entities, enables the elderly to live in environments that preserve their rights and dignity. It also mandates the provision of documented statistical information about the elderly to be used in conducting studies and related research, assisting in the development of plans and programs, and promoting community awareness and education to highlight the rights of the elderly, fostering respect and honor for them.

The Ministry of Human Resources and Social Development is responsible for organizing and implementing programs appropriate for the elderly that enhance their skills, experiences, and hobbies, and promote their integration into society. It encourages capable elderly individuals to work and benefit from support programs directed at their employers. The ministry is also tasked with adapting public, commercial, residential, and surrounding environments, including mosques, to meet the needs of the elderly, and allocating spaces for them in public facilities and events. Additionally, it urges the private sector, business owners, and non-governmental organizations to care for the elderly by establishing community centers and social clubs and supporting volunteer activities that serve the elderly.

The Elderly Rights and Care Law recognizes the elderly's right to live with their families, ensuring their accommodation and care by family members. It is prohibited for social care homes to house an elderly person without their consent, a court order, or in cases that pose a danger to the elderly's life or safety.

An elderly person is considered in need if they are unable to secure their necessities of life wholly or partially due to financial, physical, psychological, or mental incapacity.

Financial support for a needy elderly person is provided in accordance with the provisions of Islamic law. If the family is unable to provide financial support for an elderly person in need and there is no one in the family capable of supporting them, the Ministry of Human Resources and Social Development allocates assistance to help with this. The family is also responsible for protecting the rights of the elderly in need in accordance with legal and statutory provisions.

The Ministry of Human Resources and Social Development provides necessary medical devices and supplies to elderly individuals in need free of charge and bears the associated operational and maintenance costs. Government entities and those providing public services on behalf of the government must prioritize the elderly in accessing the essential services they offer, especially health and social services.

According to Article Two of the law, the Ministry of Human Resources and Social Development grants the elderly a privilege card that enables them to benefit from public services necessary for their daily life provided by government, private, and non-governmental entities. The ministry must consider the elderly in all procedures related to them, expedite their processes, and take into account their mental, psychological, and physical needs.

Government entities or service providers acting on behalf of the government may, within their authorized powers, offer discounts on public services provided to the elderly in need.

The Elderly Rights and Care Law in the Kingdom grants the Ministry of Human Resources and Social Development the authority of guardianship over elderly individuals who are mentally incapacitated or have diminished capacity, as determined by a court to have no guardian, or whose guardian has abandoned or neglected to claim their rights.

The General Commission for the Guardianship of Trust Funds for Minors and their Counterparts holds guardianship over the property of elderly individuals who are mentally incapacitated or have diminished capacity, after the Ministry of Human Resources and Social Development has been established as their guardian by a court judgment.

Article Fifteen of the Elderly Rights and Care Law in the Kingdom prohibits family members from handling an elderly person's property without their consent, intentionally neglecting the protection and care of an elderly individual in need, or deliberately mismanaging an elderly person's property by those entrusted with the authority to manage it.

Family members who violate the provisions of the law are subject to imprisonment for a period not exceeding one year or a fine not exceeding SAR500,000. The penalty does not apply if the violator is the father or the wife. The penalty may be doubled for repeat offenses, not exceeding twice the maximum prescribed limit. The competent court may impose an alternative penalty as outlined in Article Sixteen of the law, provided it is in favor of the elderly. The Public Prosecution is responsible for investigating violations and initiating legal proceedings before the competent court.

Article Twenty of the Elderly Rights and Care Law in the Kingdom mandates penalties for private or non-governmental social care homes that violate the provisions of the law, as well as for those providing public services on behalf of government entities that contravene the law. The penalties include fines not exceeding SAR100,000.

By a decision of the Minister of Human Resources and Social Development, one or more committees, each consisting of no fewer than three members including a legal advisor, are established. These committees are responsible for reviewing violations of the law's provisions, imposing the prescribed penalties, and submitting their decisions to the minister or their delegate for approval. Individuals against whom a penalty decision has been issued may appeal the decision before the administrative court.