Article 4 of the Saudi Elderly Rights and Care Law
المادة 4 من نظام حقوق كبير السن ورعايته
The article prevents social care homes from housing an elderly person except with their consent, by court judgment, or in cases endangering their life or safety under the Regulations' controls.
Official text (Arabic)
This article has not been amended since the law was issued.
لا يجوز لدور الرعاية الاجتماعية لكبير السن إيواء كبير السن فيها إلا بعد موافقته، أو بعد صدور حكم قضائي بذلك، أو في الحالات التي تشكل خطورة على حياة كبير السن أو سلامته وفق ضوابط تحددها اللائحة.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 4 explained in plain English
This article protects the will of the elderly person, and prevents social care homes for the elderly from housing them except in one of three cases:
- The consent of the elderly person themselves.
- A court judgment for their housing.
- Cases that endanger their life or safety, under controls set by the Implementing Regulations.
A care home, under Article 1, is any government body, or private or non-profit body licensed by the Ministry, that houses and cares for the elderly person and provides the services they need; so the prohibition covers all these homes. The article is addressed to the home, so it may not accept housing an elderly person merely at the request of one of their relatives if none of the three cases is met.
This article is consistent with Article 3, which recognizes the elderly person's right to live with their family, and the family's duty to house and care for them. Article 5 then sets out when an elderly person is considered needy. Article 4 does not give details of the cases of danger, but leaves their controls to the Regulations. Anyone wishing to object to a relative being housed, or to know the legal route for doing so, should consult a lawyer specializing in personal status cases and the rights of the elderly.
Practical example
A family in Makkah wanted to place their 78-year-old grandmother in a licensed private care home, but she refused. The home may not house her in this case unless a court judgment is issued for it, or her condition endangers her life or safety under the controls set by the Regulations.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 4 of the Saudi Elderly Rights and Care Law
Can an elderly person be placed in a care home without their consent?
Care homes may not house them except with their consent, after a court judgment to that effect, or in cases that endanger their life or safety under the Regulations' controls.
Does the rule cover private care homes?
Yes, a care home under the definition in Article 1 includes government bodies and private or non-profit bodies licensed by the Ministry.
Who sets the cases of danger that permit housing?
The article provides that these cases are under controls set by the Implementing Regulations.
More articles on Elderly Care Homes
- Article 1
The article defines the key terms of the Elderly Rights and Care Law, chiefly that an elderly person is any citizen aged 60 or over.
يقصد بالألفاظ والعبارات الآتية -أينما وردت في هذا النظام- المعاني المبينة أمام كل منها: 1- النظام: نظام حقوق كبير السن ورعايته. 2- اللائحة: اللائحة التنفيذية لل
- Article 20
The article punishes private or non-profit care homes that breach Article 4, and providers of public services that breach Articles 11 and 13, with a fine of up to SAR 100,000, and regulates the review committee, challenges and enforcement.
1- تعاقب دور الرعاية الاجتماعية الخاصة أو الأهلية المخالفة لحكم المادة (الرابعة) من النظام، ومن يقدم خدمة عامة نيابةً عن الجهة الحكومية المخالفة لحكم المادتين (
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.