Abuse on the elderly in Malta : does Act XXXI of 2014 offer adequate protection?

Abstract

The importance of elder abuse legislation is becoming more and more of a prime concern as the elder population continues to increase in both developing and developed states. The aim of this research project is to focus on the enactment of Act XXXI of 2014 revolving around the abuse on the elderly and other dependent persons. The author will focus on the elderly and determine whether such enactment is a sufficient legal mechanism in order to protect the elderly from any abuses by third parties. This study examines the legal provisions enacted by Act XXXI of 2014 whilst contrasting them to the past provisions of the Criminal Code dealing with elder abuse. These provisions will also be analyzed in the light of various domestic and foreign judgments. Upon an examination and evaluation of all the rules regulating elder abuse from a criminal law perspective, the flaws of Act XXXI of 2014 are identified and the author pinpoints some legislative recommendations adopted in foreign jurisdictions, which could have been adopted to afford utmost protection to the elderly.