Frameworks for Protection of the Rights of Older Persons
In the United States we frequently start from a perspective of “protection,” but we still have the question of whether a protection framework should be tied to “age” alone, or should be linked to a specific additional criterion, such as “disability” or “vulnerability.”
An example of this occurs in my own state of Pennsylvania, where for a number of years we have had an Older Adult Protective Services Law that permits state intervention to prevent or alleviate abuse, neglect or exploitation of an older adult. In 2010 Pennsylvania adopted an Adult Protective Services Law, expanding the age range of protection, but limiting it to adults between the ages of 18 and 59 who have “a physical or mental impairment that substantially limits one or more major life activities.” Four years later, Pennsylvania is still working on implementation.
Lately I’ve been working on legislative initiatives and guidelines affecting older persons in Northern Ireland. In Europe generally, such work tends to begin with a human rights framework. I’ve turned to a number of sources for guidance in this burgeoning field, including:
- “The International Human Rights Status of Elderly Persons,” by American University Law Professors Diego Rodriguez-Pinzon and Claudia Martin (2002).
- “Taking Older People’s Rights Seriously: The Role of International Law,” by Chinese University of Hong Kong Professor (Social Work) Kwong-leung Tang (2008).
- “International Rights of Older Persons: What Difference Would a New Convention Make to the Lives of Older People,” by Haifa University colleagues Israel Doron and Itai Apter (2010).
Again, under human rights frameworks, categorization may still be important, as a specific interest or concern of an older person may be prioritized. Basic “civil and political human rights” are potentially deemed more important to protect than “economic, social and cultural rights.” Thus, for example, a need for adequate “social security” income may require different steps to protect than the right to be free from discrimination on the basis of age, as outlined recently in an issues brief by HelpAge International.
I know that Kim and Becky are working with Israel Doron on international, comparative analysis of legal rights of older persons. I’m looking forward to their upcoming book — and please feel free to let us know of any other related publications.