Evaluating Law, Policy and Practice Against the Principles: A Step-By-Step Approach

Evaluating Law, Policy and Practice Against the Principles: A Step-By-Step Approach2017-03-03T18:30:47+00:00

The Framework uses a step-by-step approach to evaluating laws, policies and practices against the principles. The process is broken down into eight steps. For each step, the Framework provides context, examples and questions to help assess the law, policy or practice in light of the principles. 

Step 1: How Do the Principles Relate to the Context of the Law?

  • Identify the context in which the law will operate and its relationship to the principles.

Step 2: Does the Legislative Development/Review Process Respect the Principles

  • Consider whether the process that has been designed for developing or reviewing the law respects the principles.

Step 3: Does the Purpose of the Law Respect and Fulfil the Principles?

  • Assess the goals of the law, including the assumptions on which it is based. 

Step 4: Who Does the Law Affect and How Does This Relate to the Principles?

  • Analyze the way in which the law may affect older adults and how this may impact on respect for the principles.

Step 5: Do the Processes Under the Law Respect the Principles?

  • Consider the procedural aspects of the law, including provisions related to accessibility, information provision, and supports for applicants.

Step 6: Do the Complaint and Enforcement Mechanisms Respect the Principles?

  • Assess how the law is enforced, whether through proactive measures like audits, or individual complaint mechanisms. 

Step 7: Do the Monitoring and Accountability Mechanisms Respect the Principles?

  • Does the law contain provisions to ensure transparency, accountability and monitoring of its effectiveness?

Step 8: Final Assessment: Is the Law True to the Principles?

  • Based on the results of the previous steps, is the law true to the principles? What more must be done?
     

 

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