On Psychological Abuse Of The Elder:From The Legal Perspective

Elder abuse has become a global issue of human rights and the most common form of elder abuse is psychological (or mental) abuse. Psychological abuse of the elder is a form of abuse characterized by a person subjecting or exposing another to behavior that may result in psychological trauma, including anxiety, chronic depression, or post-traumatic stress disorder. The psychological abuse of the elder in China is difficult to be discovered by authorities and to collect evidence. Without sufficient protection in law or proper interventions from authorities, the elderly are left unprotected and helpless in front of elder abuse. There are successful experiences from other countries on the prevention of elder abuse we should learn.This paper focuses on data study form international experience on the prevention of elder abuse. It analyses the situation of psychological abuse of the elder in contemporary China and proposes possible solutions to prevent the abuse.The first part is a summary and analysis on the current situation of psychological elder abuse in China and its characteristics. And in the concept of UN system, the author argues that psychological abuse of the elder constitutes a violations of human rights of the elder.The second part focuses on the theories of the reasons to elder abuse and the special factors that contribute to the psychological abuse of Chinese elders.The third part is legal analysis on the problem. The three main reasons of China's problem are the weakness of legislation on the elderly, the lack of proper administrative intervention and the insufficient social security system.The forth part enumerates international solutions and measures on the problem worth learning including the mandatory report of elder abuse in America, the social support of Australia and the special legislation to the prevention of elder abuse in Japan.In the final part, the author tries to propose a solution list upon comparisons. In order to change the situation, China has to improve its legal system on the elderly on one hand and the social security system on the other hand.