The Human Rights of Older Persons: A Human Rights-Based Approach to Elder Law

The Human Rights of Older Persons: A Human Rights-Based Approach to Elder Law
ISBN-10
9811567344
ISBN-13
9789811567346
Category
Law
Pages
338
Language
English
Published
2020-10-10
Publisher
Springer
Authors
Bridget Lewis, Kelly Purser, Kirsty Mackie

Description

This book provides a comprehensive human rights analysis of key areas of law affecting older persons, including legal capacity; elder abuse; accommodation and aged care; healthcare; employment; financial security, retirement, and estate planning; and social and cultural participation. The research identifies individual autonomy and participation in decision-making as fundamental to a human rights-based approach to elder law. The book argues that a paradigm shift must occur away from traditional medical and charity-based understandings of ‘old age’ to instead acknowledge older persons as active holders of enforceable rights. The book argues that a Convention on the Rights of Older Persons is an essential tool in achieving this, but that even without a dedicated treaty there is much to be gained from a human rights-based approach. Significantly, because the issues arising in ‘old age’ are often the culmination of experiences occurring throughout the life course, a human rights-based approach to elder law must begin with a commitment to human rights for people of all ages.

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