Law on the Rights and Care of the Elderly and its Executive Regulation

Show Law Preamble
  • By the grace of God Almighty

  • We, Salman bin Abdulaziz Al Saud

  • King of the Kingdom of Saudi Arabia

  • Based on Article (Seventy) of the Basic Law of Governance, issued by Royal Order No. (A/90) dated 27-08-1412 AH.

  • Based on Article (Twenty) of the Council of Ministers Law, issued by Royal Order No. (A/13) dated 03-03-1414 AH.

  • Based on Article (Eighteen) of the Shura Council Law, issued by Royal Order No. (A/91) dated 27-08-1412 AH.

  • After reviewing the Shura Council resolutions No. (58/184) dated 25-01-1439 AH, and No. (27/147) dated 15-09-1442 AH.

  • After reviewing the Council of Ministers resolution No. (292) dated 01-06-1443 AH.

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  • We have decreed the following:

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  • First:

  • Approval of the Elderly Rights and Care System, in the attached form.

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  • Second:

  • His Highness the Deputy Prime Minister, the Ministers, and the heads of the concerned independent bodies - each within their jurisdiction - shall implement this decree.

  •  

  • Salman bin Abdulaziz Al Saud

Article 1

  • In this Law, the following words and phrases shall have the meanings assigned thereto:

    • 1. Law: Law on the Rights and Caretaking of the Elderly Person.

    • 2. Regulations: Implementing Regulations of this Law.

    • 3. Ministry: Ministry of Human Resources and Social Development.

    • 4. Minister: Minister of Human Resources and Social Development.

    • 5. Elderly Person: Any citizen who reaches the age of sixty years or above.

    • 6. Rights of the Elderly Person: All Sharia or legal rights of the elderly person, including his financial, physical, social, and moral rights.

    • 7. Caretaking of the Elderly Person in Need: Providing the required and necessary needs for the elderly person, including accommodation, food, and clothing, as well as healthcare, physical care, psychological care, social care, and recreational care.

    • 8. Provider: Any person who cares for an elderly person in need and safeguards his rights.

    • 9. Social Welfare Homes for the Elderly Person: Any government agency or any private or nonprofit entity licensed by the Ministry to accommodate and provide care to an elderly person and provide him with the necessary services.

    • 10. Family: Includes the father, spouse, sons, grandsons, and brothers.

    • 11. Relevant Entities: Any government agency or any private or non-profit entity that directly or indirectly provides services to the elderly person.

    • 12. Public Services: Any service provided by a government agency whether directly or through another entity.

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Article 2

  • The Ministry shall, in coordination with the relevant entities, carry out the following:

    • 1. Enable the elderly to live in an environment that safeguards their rights and preserves their dignity.

    • 2. Raise community awareness of the rights of the elderly to ensure that they are treated with due respect and reverence.

    • 3. Provide valid statistical information about the elderly to be used when conducting relevant studies and research, as well as assisting in devising plans and programs.

    • 4. Develop and implement programs appropriate for the elderly to enhance their skills, experiences, ability to practice their hobbies, and their integration into the society.

    • 5. Encourage the elderly who are capable of working to work and benefit from the support programs targeting employers.

    • 6. Support volunteer activities that serve the elderly.

    • 7. Rehabilitate public and commercial facilities, residential neighborhoods, surrounding areas, and mosques to meet the needs of the elderly in light of relevant laws and orders.

    • 8. Designate areas for the elderly in public facilities and public events.

    • 9. Encourage the private sector, employers, and non-profit entities to provide care for the elderly through the establishment of non-profit centers and social clubs.

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Article 3

  • An elderly person is entitled to live with his family which shall accommodate him and provide him with care. Members of the family shall bear such responsibility in accordance with the order provided for in Article 6 of this Law.

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Article 4

  • Social welfare homes for the elderly person may only admit an elderly person upon his consent or pursuant to a court order, or in cases where the life or safety of the elderly person is at risk, subject to controls set by the Regulations.

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Article 5

  • For purposes of the application of this Law, an elderly person shall be deemed in need if he is unable to wholly or partially secure the necessities of life on his own due to a deficiency in his financial, physical, psychological, or mental abilities. The Regulations shall determine the relevant provisions and controls.

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Article 6

  • The provision of care to the elderly spouse in need shall be the responsibility of the husband, or the wife if she so desires. If the care of the spouse is not feasible, the responsibility of providing such care to the elderly person shall fall upon the father, if capable, then any of his sons, then any of his grandsons, then any of his brothers. However, the elderly person may choose any of the abovementioned providers regardless of the above sequential order. If no agreement is reached or if no family member provides care for the elderly person, the competent court shall designate a provider from among family members, taking into consideration the interest of the elderly.

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Article 7

  • Expenses for caretaking of the elderly person in need shall be in accordance with Sharia provisions governing financial support.

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Article 8

  • If the provider is unable to cover the caretaking expenses of the elderly person in need and no family member is capable of providing such care, the Ministry shall pay to the provider an amount to help in covering such expenses, subject to the Regulations.

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Article 9

  • The provider shall protect the rights of the elderly person in need subject to the Sharia and law.

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