Faced with the growing number of cases of neglect and abandonment of elderly people, a proposed law aims to transform children’s moral duty toward their parents into a criminal obligation. Prison sentences and fines could now punish proven cases of negligence.
The issue of elderly protection is back at the heart of parliamentary debate. A bill examined by the National People’s Assembly bureau proposes to explicitly criminalize the abandonment of parents by their children, establishing criminal penalties for failures in the duty of care. Deposited by MP Leïla El-Yazidi, the text primarily seeks to fill a legal gap regarding children’s responsibility toward their elderly parents. Beyond the legal aspect, the text raises a deep social issue: the weakening of family ties and the growing isolation of some seniors.
Yet, in Algerian society, caring for elderly parents is traditionally seen as a moral and religious duty. However, current legislation provides no clear provisions sanctioning children who shirk this responsibility, particularly by placing their parents in care facilities without ensuring real follow-up.
The proposed law thus aims to fill this legal void. It provides for the introduction of a new article punishing any failure in the duty of care for an elderly person within their family environment or at home.
The bill introduces a new Article 32 bis, providing for criminal penalties in cases of proven failure. Failing children would face a prison sentence of six months to three years, along with a fine ranging from 50,000 to 300,000 DA.
However, the text specifies that effective care for the elderly person would end judicial proceedings.
According to the statement of reasons, current legislation contains no clear provisions criminalizing children for abandoning their elderly parents or placing them in care facilities without genuine follow-up or established responsibility.
Under current law, the absence of direct endangerment is enough to dismiss criminal liability. In other words, simply placing a parent in a care center can be considered sufficient care, without regard for the fulfillment of family and moral duty.
The proposed law therefore intends to introduce explicit recognition of children’s legal and material responsibility toward their parents in old age, thereby transforming a moral duty into a legal obligation.
The text also provides for strengthening the role of social action services. These would now be required to monitor the situation of elderly people in their family environment or at home, and to report to the competent authorities any failure in the duty of care.
This measure aims to establish a social monitoring mechanism to identify cases of abandonment or neglect and provide a rapid response.
Furthermore, Article 33 would be amended to harmonize with the new provisions. Once adopted, the law will be published in the Official Journal after completing its legislative process.