older persons bill - Parliament of Zimbabwe
older persons bill - Parliament of Zimbabwe
older persons bill - Parliament of Zimbabwe
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12<br />
(b)<br />
make such order as to the costs <strong>of</strong> the appeal as it thinks fit.<br />
(7) The Board shall not serve an adjustment order upon any hospital, home, nursing home<br />
or clinic controlled or managed by the State or registered in terms <strong>of</strong> the Health Pr<strong>of</strong>essions Act<br />
[Chapter 27:19], except with the consent <strong>of</strong> the Minister responsible for health.<br />
(8) Any <strong>persons</strong> aggrieved by the neglect or non-compliance with the provisions as<br />
specified in this section and or the order to comply may also appeal to the following legal<br />
institutions: ⎯<br />
(a) in respect <strong>of</strong> <strong>persons</strong> resident in rural areas, to a social welfare <strong>of</strong>ficer, Councillor,<br />
member <strong>of</strong> <strong>Parliament</strong> and any organisational representative <strong>of</strong> <strong>older</strong> <strong>persons</strong>’ affairs as may be<br />
prescribed, and the court.<br />
(b) in respect <strong>of</strong> <strong>persons</strong> resident in towns, to a social welfare <strong>of</strong>ficer, councillor, member<br />
<strong>of</strong> <strong>Parliament</strong> and the magistrate’s courts as well as any organisation representative <strong>of</strong> <strong>older</strong><br />
<strong>persons</strong>’ affairs as may be prescribed.<br />
12 Prohibition <strong>of</strong> denial to <strong>older</strong> <strong>persons</strong> <strong>of</strong> access to public premises services<br />
and amenities<br />
(1) No <strong>older</strong> person shall, on the ground <strong>of</strong> his or her age alone be denied⎯<br />
(a) the provision <strong>of</strong> any service or amenity ordinarily provided to members <strong>of</strong> the<br />
public; including educational, cultural, spiritual and recreational resources; or<br />
(b) access to social and legal services to enhance their autonomy, protection and<br />
care; or<br />
(c)<br />
access to schemes, projects or income generating opportunities; and<br />
(d) the ability to enjoy human rights and fundamental freedoms when residing in<br />
any shelter, care or treatment facility, including full respect for their beliefs, dignity,<br />
needs and privacy and for their right to make decisions about their care and the quality<br />
<strong>of</strong> their lives;<br />
unless such denial is motivated by a genuine concern for the safety <strong>of</strong> the <strong>older</strong> person<br />
concerned.<br />
(2) The proprietor <strong>of</strong> a premises referred to in subsection (1) (a) and (b) shall not have the<br />
right on the ground <strong>of</strong> a person’s age alone to reserve right <strong>of</strong> admission to his or her premises<br />
against such a person.<br />
(3) An <strong>older</strong> person who is denied admission into any premises or the provision <strong>of</strong> any<br />
services or amenity <strong>of</strong> his or her choice in terms <strong>of</strong> subsection (1) shall be deemed to have<br />
suffered a criminal insult and shall have the right to recover damages in any court <strong>of</strong> competent<br />
jurisdiction.<br />
13 Offences and penalties<br />
(1) Any person who⎯<br />
(a)<br />
(b)<br />
PART VI<br />
GENERAL<br />
fails to comply with an adjustment order served in terms <strong>of</strong> section 11, or<br />
wilfully denies to an <strong>older</strong> person, on the ground <strong>of</strong> his age alone⎯