Abstract:
This research is aimed to study the conceptual, legal, and regulatory frameworks associated with the development of laws governing nursing homes in Thailand, with particular attention to issues surrounding elder abuse within such institutions. The objective is to analyze existing legal shortcomings and propose recommendations for the development of appropriate legislative measures aimed at preventing the abuse of elderly individuals in nursing homes.
The research adopts a qualitative methodology, specifically documentary research, utilizing a wide range of sources including academic textbooks, scholarly articles, theses, legal journals, theoretical frameworks, statutory texts, and credible
online resources.
Findings indicate that the current Thai criminal legal system inadequately
addresses the gravity of elder abuse, unlawful exploitation, and neglect occurring
within nursing homes. Notably, there is an absence of specific legal provisions
categorizing such actsparticularly when committed by caregiversas serious criminal offenses. This contrasts with legal frameworks in jurisdictions such as California, the United States, and Japan, where more stringent and targeted penalties are imposed to protect elderly individuals and deter potential perpetrators.
The research concludes with a recommendation to enact specialized
legislation. As an initial step, the researcher proposes the drafting of a specific law
titled Prevention of Elder Abuse in Nursing Homes Act, B.E. . This proposed law
should encompass key provisions including definitions, classifications of nursing homes, the establishment of supervisory authority, and the imposition of criminal penalties. Such legislation is deemed essential to ensure the effective protection and
enforcement of the rights of elderly individuals in Thailand.