There have been examples of laws in Malaysia that come close to governing older persons’ rights, but most are not all-encompassing. - NSTP file pic
There have been examples of laws in Malaysia that come close to governing older persons’ rights, but most are not all-encompassing. - NSTP file pic

In 2020, the life expectancy of Malaysians was 76 years, which is a 16-year difference compared with the average life expectancy of Malaysians in 1960 at 60.

The fertility rate has declined from 4.0 babies per woman in 1980 to 1.7 babies per woman in 2020.

This is accompanied by an increase in the rate of ageing, as well as the dependency ratio of people aged 65 and above to those of working age.

The Department of Statistics has projected that 23 per cent of Malaysia's population will be 60 and older by 2050, coinciding with the country's transition to an "ageing society" in 2020.

Increasing life spans and an ageing population put greater strain on households as old-age dependency increases, as well as pressure on the workforce.

These can lead to emotional and generational conflicts, as well as potentially exposing the elderly to abuse and neglect.

This needs to be tackled with legislature to protect those affected.

There have been examples of laws in Malaysia that come close to governing older persons' rights, but most are not all-encompassing.

The Domestic Violence Act and Penal Code, as examples, do not empower the elderly or cover caregiver support and basic rights.

Filial responsibility is not alien to this region nor Malaysia. It is common for the responsibility of elder care to fall onto the family.

Many Western countries like Germany and France have enacted provisions that make family members directly responsible in supporting their elderly.

Asian countries, such as China and Singapore, criminalise the refusal to provide financial or emotional support for one's parents.

The Social Wellbeing Research Centre (SWRC) of Universiti Malaya found that in light of current developments, there needs to be a push for legislature that relates to filial responsibility here.

The increasing stress placed on the already complicated nature of filial responsibility would further support such a move.

The Covid-19 pandemic saw an increase in the number of elder abuse cases, said the World Health Organisation.

This movement for legislature has been corroborated with research by SWRC, which found that eight out of 10 respondents agree with the government making it mandatory for children to support parents.

However, it breaches the problem of the younger population having to support their parents, as well as their own children, leading to the issue of a sandwich generation.

One solution is to promote more investment in informal or institutionalised care for the elderly.

Though it would be moving away from the traditional idea of parents being cared for by their adult children, it means that children can still be involved in their parents lives without sole responsibility falling on their shoulders.

An ageing population needs to be seen not only as a problem for the older people affected, but also all of society.

Therefore, any solution needs to come in the form of easing the elderly and their children into a structure that allows filial responsibility laws to be effected.

One way is by legalising institutionalised care centres.

By allowing these centres to exist, the mental and physical burden of caring for the elderly can be shared and lifted.

Though there are some who may oppose a filial piety law being enforced here, the president of the National Council of Senior Citizens Organisations Malaysia said that while the country has not reached a stage where a filial piety law is needed, emphasis should be placed on the need to promote such responsibilities and values in families and society.

There is evidence that paints a picture of disintegrating filial piety among older Malaysians and it needs to be addressed.

However, their children cannot be the sole caretaker entrusted with the responsibility.

Thus, the state should strengthen family institutions by emphasising familial support through co-residence, financial and non-financial assistance, and care of the aged parents.

These should be paired with government incentives, such as a support allowance or income tax rebates for families who have older people to care for.

The two-pronged approach will promote sustainable ageing and reduce the institutionalisation rate of the elderly.


The writer is professor emeritus and director, Social Wellbeing Research Centre, Universiti Malaya; president of the Malaysian Economic Association and fellow, Academy of Sciences Malaysia

The views expressed in this article are the author's own and do not necessarily reflect those of the New Straits Times