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The debate around the need for an international convention on the rights of older persons
- Authors:
- DORON Israel, APTER Itai
- Journal article citation:
- Gerontologist, 50(5), October 2010, pp.586-593.
- Publisher:
- Oxford University Press
In recent years, there has been a growing interest and debate around the question, whether there is a need for an international convention on the rights of older persons. The debate around this question is far from simple or consensual. Although there are strong voices in favour, there are also strong arguments against. Moreover, the mere fact that a legal gap exists at the international level is not a sufficient reason for the advancement of a new convention. A significant part of the gerontological community is unaware of this debate. The goal of this article is to raise awareness of this debate, and to provide a detailed analysis of the arguments in support and against such a convention. Arguments for the convention include that it would be a strong anti-ageism, anti-discriminatory, and mainstreaming legal tool. Arguments against include that it will not make a real difference and that there is no need for it in light of the wealth of existing international documents. This article proposes some specific recommendations for the advancement of such a convention in the future.
Taking older people’s rights seriously: the role of international law
- Author:
- TANG Kwong-leung
- Journal article citation:
- Journal of Aging and Social Policy, 20(1), 2008, pp.99-117.
- Publisher:
- Routledge
- Place of publication:
- Philadelphia, USA
This paper argues that older people face many challenges, including poverty, discrimination and denial of access to services, that amount to a violation of their basic human rights. Factors that limit global responses to the challenges of ageing include limited political will, the prevalence of neo-liberalism, and the long-standing advocacy of other ‘more’ disadvantaged groups by non-governmental organisations. The introduction of an international convention on the human rights of older people, with an accompanying monitoring system, is advocated. (Copies of this article are available from: Haworth Document Delivery Centre, Haworth Press Inc., 10 Alice Street, Binghamton, NY 13904-1580).
Imprisonment, aged and infirm prisoners and human rights
- Author:
- FOSTER Steve
- Journal article citation:
- Justice of the Peace, 5.3.05, 2005, pp.174-176.
- Publisher:
- Butterworth
The growing numbers of older prisoners in British prisons and the facilities required to accommodate them are causing concern. Describes a case where a prisoner with terminal cancer was refused release on compassionate grounds and case law of the European Court of Human Rights, concluding that their decision in the case represents the general trend.
Strengthening older people's rights: towards a UN convention
- Author:
- HELPAGE INTERNATIONAL
- Publisher:
- HelpAge International
- Publication year:
- 2010
- Pagination:
- 11p.
- Place of publication:
- London
Older people are not recognised explicitly under the existing international human rights laws. This publication aims to strengthen understanding and awareness of the need for a Convention on the Rights of Older Persons. The authors outline why it is important to promote and protect the rights of older people and the connection between ageism, age discrimination and older people’s rights. The numerous ways in which older people’s rights are violated are highlighted. The authors argue that protection under existing international law is inadequate and that there is a need for a Convention on the Rights of Older Persons. This publication is intended to provide the arguments and tools for engaging stakeholders across the globe in debate about older people’s rights and the role of a convention.
Early release for seriously ill and elderly prisoners: should French practice be followed?
- Author:
- STEINER Eva
- Journal article citation:
- Probation Journal, 50(3), September 2003, pp.267-276.
- Publisher:
- Sage
In 2002 a formal system for dealing with the early release of prisoners on grounds of ill health was introduced in France. This article describes the principal features and background to this new system and examines the arguments at issue on this question, more particularly the human rights argument in light of the Strasbourg case law under article 3 of the European Convention on Human Rights. In a comparative perspective the article questions whether, given the prison situation in England and Wales, a similar reform should not also be considered in this jurisdiction.
Domestic abuse and elder abuse in wales: a tale of two initiatives
- Authors:
- WYDALL Sarah, et al
- Journal article citation:
- British Journal of Social Work, 48(4), 2018, p.962–981.
- Publisher:
- Oxford University Press
The abuse of older people in domestic settings is both a public health problem and a human rights issue. In 2013, the Welsh government used its new legislative powers and embarked upon two initiatives in the areas of adult safeguarding and domestic abuse, leading to the introduction of two pieces of primary legislation. The first was the Social Services and Well-being (Wales) Act 2014, which placed safeguarding ‘adults at risk’ on a statutory basis and imposed new duties on local authorities. The second was the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015, which addressed how public-sector bodies responded to domestic abuse and introduced a more strategic approach. Using research based in Wales, this article discusses the extent to which the two pieces of legislation promote a collaborative and integrated response from adult safeguarding and domestic abuse services and highlights some implications for practice. More strategic alignment between the two acts will create an environment within which older victim-survivors of domestic abuse have equal access to justice options and support services as their younger counterparts. (Edited publisher abstract)
Protection of older people in Wales: a guide to the law
- Author:
- WILLIAMS John
- Publisher:
- Older People's Commissioner for Wales
- Publication year:
- 2014
- Pagination:
- 70
- Place of publication:
- Cardiff
- Edition:
- 2nd ed.
This guide to the law seeks to clarify the legal framework around adult protection; its purpose is to help to make practitioners more aware of the law available to them in their day-to-day work. It focuses on older people, but is also relevant to those working with any adults at risk of harm. The guide examines a range of aspects associated with adult protection, including: human rights and risk of harm; capacity; deprivation of liberty; confidentiality and data protection; the criminal justice system; powers of entry and arrest; and the use of private law. Includes practice examples with a summary of some of the issues that arise in each of the studies. (Edited publisher abstract)
Dignity ward
- Author:
- A DIGNIFIED REVOLUTION
- Publisher:
- A Dignified Revolution
- Publication year:
- 2010
- Pagination:
- 4p.
- Place of publication:
- Cowbridge
Dignity Ward is a resource designed by A Dignified Revolution, a campaign group established in January 2008 to improve the care of older people in hospital. Patients can become vulnerable when they are admitted to hospital and their rights might be diminished by their situation. Dignity Ward is designed for nurses to increase their knowledge of the Human Rights Act and help them to think about how they can use it to help protect an individual’s human rights on the ward. It considers relevant human rights in hospitals and what constitutes a breach of human rights. Real life examples are used to encourage discussion about how practice might be used.
The care homes legal handbook
- Author:
- COOPER Jeremy
- Publisher:
- Jessica Kingsley
- Publication year:
- 2002
- Pagination:
- 171p.
- Place of publication:
- London
This handbook provides care home managers and related social work professionals with guidance and practical instruction in understanding the relevant regulations involved. The book provides a summary of the Care Standards Act and its associated regulations, the National Minimum Standards, and an outline of the impact of the Human Rights Act in residential settings.
Old age psychiatry and the law
- Author:
- JACOBY Robin
- Journal article citation:
- British Journal of Psychiatry, 180, February 2002, pp.116-119.
- Publisher:
- Cambridge University Press
Two legal themes predominate in old age psychiatry: first, that of capacity or competence; and second, to what extent formal legal measures should be implemented in cases where incapacitated patients do not dissent from, as opposed to giving active consent to, admission to hospital or receiving treatment. This article discusses the issues of capacity or competence, especially in relation to recent legislation and judgements and to proposed legislation in England and Wales.