Safeguarding the legal rights of dementia sufferers in Malta : the implications on the right to liberty when electronically monitoring dementia sufferers

Abstract

This term paper intends to explore the relationship between the use of surveillance technology on dementia patients and its effect on the right to liberty. People suffering from mental health issues such as dementia, often have their rights violated which results in their social exclusion from society. Ever-increasing awareness seems to be changing this, however more needs to be done in order to tackle this issue especially in terms of legislation. Currently, in Malta, there is no legislation which specifically safeguards the right and needs of dementia patients. Thus, this term paper first seeks to establish the meaning of dementia and its effects on both patients and carers. It then goes on to explore the effects of wandering and how technology can help in this regard. In order to assess the effects of surveillance technology on dementia, first and foremost one must establish whether this is a deprivation or mere restriction of liberty. Stigma, Discrimination and Injustice may also derive from the use of surveillance technology which as a result, also affect the right to liberty of the person.