Elder rights

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Elder rights are the rights of older adults (usually those in the seventh decade of life or older, although this definition is disputed), who in various countries are not recognized as a constitutionally protected class, [1] yet face discrimination across many aspects of society due to their age.

Contents

Common rights issues faced by elders include age-related job discrimination (such as forced age of retirement), lack of access to medical treatments, because of age or age-related obstacles, societal perceptions of ability/disability due to age, [1] and vulnerability to abuse, including financial, physical, psychological, social, and sexual [2] abuse, because of diminished capacity and lack of access to/ability to use technology. [3]

One of the earliest efforts by the US federal government to protect financial rights of elders was the establishment of Social Security benefits via the Social Security Act in 1935, providing income to retired individuals who qualify. [4]

Defining elder rights

In 1991, the UNHRC General Assembly established principles to guide and encourage the development of government programs that will protect older persons’ rights by ensuring the independence, participation, care, self-fulfillment and dignity of older people. [5]

Aging and ageism

Elderly Man in front of Tesco Mall Older adult.jpg
Elderly Man in front of Tesco Mall

Upholding and protecting the rights of older adults is vital to addressing problems related to ageing and ageism. With the rapid growth of population of older people globally, [6] there has been international efforts to focus on issues associated with ageing and protection of the elderly in the past decade. [7] As a result, ageism is recognized and studied as a global issue, an example of which is a survey of tens of thousands of people in more than 50 countries that revealed the majority of the participants as having moderate to high ageist attitudes. [8] Identifying and combating the widespread prevalence of ageism is essential to promoting population health based on the growing evidence of harmful impacts of ageism on the health of older people. [9]

Elder rights movement

As defined by Nina Kohn, an elder rights movement is the "collective effort [of] organizations and individuals... (coming) together around the common goal of transforming social, political, and legal structures to allow older adults to fully exercise their civil and human rights and liberties." [10] The concept of a unique set of needs and rights of the elderly started in 1930s, during the Great Depression, with the main focus being on the need for a national pension program to provide financial security to the no longer working elderly. [11] Numerous rival plans (the Townsend Plan, the McClain Movement, the Ham and Eggs Movement) were made to address the issue. Eventually, as part of Franklin Delano Roosevelt's New Deal, the Social Security Act was passed to meet the need.

As the population aged and the aged grew wealthier throughout the second half of the twentieth century, their political influence increased. [11] Organizations such as the American Association of Retired Persons and government bodies such as the Administration on Aging were created to meet their needs. [12] Issues far beyond simple financial security became the focus  Maggie Kuhn, angered over her mandatory retirement at 65, launched the Gray Panthers in 1970. Since its establishment, the Gray Panthers have advocated for affordable, intergenerational housing and a single-payer healthcare system. [13] Today, the Grey Panthers leads the Stakeholder Group on Aging, an organization it co-founded, which aims to create an international network of older persons and activists. [14] The National Elder Law Foundation was created out of concern that the elderly might have unique legal needs. [15] The 2006 reauthorization of the Older Americans Act included a project called Choices for Independence, to develop consumer-directed community-based (as opposed to congregate segregated choices such as traditional nursing homes) long-term care options. [16]

Social and financial rights of elders

The Adult Protective Services provide services for older individuals, who have been abused, neglected or exploited. Recently, there has been efforts to research and address elder abuse issues through passage of laws such as Elder Abuse Prevention and Prosecution Act of 2017.

One of the earliest efforts by the US federal government to protect financial rights of elders was the establishment of Social Security benefits via the Social Security Act in 1935, providing income to retired individuals who qualify. The law was amended in 1972 to add Supplemental Security Income, which provides cash assistance to individuals, 65 years of age or older. The passage of The Age Discrimination in Employment Act of 1967 further protected the financial rights of older people by prohibiting employers from discriminating against people who are 40 years of age or older. [4]

One area where older adults experience particular vulnerability, is in healthcare and health decision-making. Worsening chronic illnesses, cognitive impairment, and limitations in functional status are all examples of changes that occur later in life, that can increase an older adult's level of dependency on a caregiver. This dependency leaves elderly people at a greater risk of experiencing abuse. According to the National Institute on Aging, elder abuse can occur when older adults are living away from home in a skilled nursing facility or assisted living facility, or even when they are living with family. [17] While abuse can occur to anyone, older adults with impaired cognitive function due to dementia or with great medical need, are especially vulnerable. Signs of abuse include a disheveled appearance, unexplained bruises or scars, unexplained weight loss, recurrent bed sores, and lacking in supportive medical devices like glasses or hearing aides. [17]

While elder abuse continues to be an ongoing problem, there are some protections in place for older adults. One of such protection is the Long-Term Care Ombudsman Program, which advocates for the rights of adults in nursing homes, assisted living facilities, and other residential settings. [18] Despite such programs, there is still much progress to be made in defending the rights of elder adults.

The COVID-19 pandemic exposed previously ignored vulnerabilities in nursing homes, particularly their risk of exposing elder adults to avoidable injury and illness. According to a 2021 report by the Human Rights Watch, over 178,000 COVID-19 deaths were linked to nursing facilities comprising up to 40 percent of total deaths in the United States. [19] These deaths have been attributed to long-standing staffing shortages and resident neglect.

Milestones in elder rights development

YearEvent
1920 Civil Service Retirement Act (US) [20] Retirement system for government employees
1935 Social Security Act (US) [20] Old Age Assistance/Old Age Survivors Insurance
1958 American Association of Retired Persons founded [21]
1965 Older Americans Act (US) [20] Established the Administration on Aging
1970 Gray Panthers founded
1970 Age Concern England launched
1974 Age UK created
1994 National Elder Law Foundation founded (US) [15] Certifies attorneys for elder law practice
1999 International Year of Older Persons [20]
2002MIPAA - Madrid International Plan of Action on Aging [22] The global policy document regarding aging
2003 Medicare Prescription Drug, Improvement, and Modernization Act (US) [20]
2003 Scottish Senior Citizens Unity Party formed
2010 Affordable Care Act (US) [20]
2011UN Open Ended Working Group on Aging (OEWG) [23] The UN forum discussing elder rights

Notable elder rights activists

Specific jurisdictions

See also

Related Research Articles

The Gray Panthers are a series of multi-generational local advocacy networks in the United States which confront ageism and many other social justice issues. The organization was formed by Maggie Kuhn in response to her forced retirement from the Presbyterian Church at the age of 65 in 1970. The Gray Panthers are named in reference to the Black Panthers.

<span class="mw-page-title-main">Maggie Kuhn</span> American activist (1905–1995)

Margaret Eliza "Maggie" Kuhn was an American activist known for founding the Gray Panthers movement, after she was forced to retire from her job at the then-mandatory retirement age of 65. The Gray Panthers became known for advocating nursing home reform and fighting ageism, claiming that "old people and women constitute America's biggest untapped and undervalued human energy source." She dedicated her life to fighting for human rights, social and economic justice, global peace, integration, and an understanding of mental health issues. For decades, she combined her activism with caring for her disabled mother and a brother who suffered from mental illness.

<span class="mw-page-title-main">AARP</span> American nonprofit organization

AARP, formerly the American Association of Retired Persons, is an interest group in the United States focusing on issues affecting those over the age of fifty. The organization, which is headquartered in Washington, D.C., said it had more than 38 million members as of 2018. The magazine and bulletin it sends to its members are the two largest-circulation publications in the United States.

A nursing home is a facility for the residential care of older people, senior citizens, or disabled people. Nursing homes may also be referred to as care homes, skilled nursing facilities (SNF) or long-term care facilities. Often, these terms have slightly different meanings to indicate whether the institutions are public or private, and whether they provide mostly assisted living, or nursing care and emergency medical care. Nursing homes are used by people who do not need to be in a hospital, but require care that is hard to provide in a home setting. The nursing home staff attends to the patients' medical and other needs. Most nursing homes have nursing aides and skilled nurses on hand 24 hours a day.

Elder abuse is a single or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person. This definition has been adopted by the World Health Organization (WHO) from a definition put forward by Hourglass in the UK. Laws protecting the elderly from abuse are similar to and related to laws protecting dependent adults from abuse.

<span class="mw-page-title-main">Population ageing</span> Increasing median age in a population

Population ageing is an increasing median age in a population because of declining fertility rates and rising life expectancy. Most countries have rising life expectancy and an ageing population, trends that emerged first in developed countries but are now seen in virtually all developing countries. In most developed countries, the phenomenon of population aging began to gradually emerge in the late 19th century. The aging of the world population occurred in the late 20th century, with the proportion of people aged 65 and above accounting for 6% of the total population. This reflects the overall decline in the world's fertility rate at that time. That is the case for every country in the world except the 18 countries designated as "demographic outliers" by the United Nations. The aged population is currently at its highest level in human history. The UN predicts the rate of population ageing in the 21st century will exceed that of the previous century. The number of people aged 60 years and over has tripled since 1950 and reached 600 million in 2000 and surpassed 700 million in 2006. It is projected that the combined senior and geriatric population will reach 2.1 billion by 2050. Countries vary significantly in terms of the degree and pace of ageing, and the UN expects populations that began ageing later will have less time to adapt to its implications.

<span class="mw-page-title-main">Elderly care</span> Care serving the needs of old people

Elderly care, or simply eldercare, serves the needs of old adults. It encompasses assisted living, adult daycare, long-term care, nursing homes, hospice care, and home care.

<span class="mw-page-title-main">Undue influence</span> Seizing control of a persons will for gain

Undue influence (UI) is a psychological process by which a person's free will and judgement is supplanted by that of another. It is a legal term and the strict definition varies by jurisdiction. Generally speaking, it is a means by which a person gains control over their victims' decision making through manipulation tactics and unfair pressure, typically for financial gain. Historically, UI has been poorly understood, even in some legal circles.

Elder law is an area of legal practice that specializes on issues that affect the senior population. Some say the purpose of elder law planning is to prepare the elderly person for financial freedom and autonomy through proper financial planning and long-term care options. However, the purpose of elder law is not so narrow. Not everyone needs long-term care and not everyone is financially insecure. The purpose of elder law is to provide holistic legal advice that allows older persons and disabled individuals to preserve and protect their rights and values. Often these values are implemented by others, which is why thoughtful advance planning is necessary.

<span class="mw-page-title-main">LGBT retirement issues in the United States</span>

Many retirement issues for lesbian, gay, bisexual, transgender (LGBTQ) and intersex people are unique from their non-LGBTI counterparts and these populations often have to take extra steps addressing their employment, health, legal and housing concerns to ensure their needs are met. Throughout the United States, "2 million people age 50 and older identify as LGBT, and that number is expected to double by 2030", estimated in a study done by the Institute for Multigenerational Health at the University of Washington. In 1969, the Stonewall Riots marked the start of the modern gay rights movement and increasingly LGBTQ+ people have become more visible and accepted into mainstream cultures. LGBTQ+ elders and retirees are still considered a newer phenomenon creating challenges and opportunities as a range of aging issues are becoming more understood as those who live open lives redefine commonly held beliefs and as retirees newly come out of the closet.

<span class="mw-page-title-main">Ageism</span> Stereotyping or discrimination due to age

Ageism is a bias against individuals and groups based on their age, which may take the form of discrimination at all levels against such individuals and groups, up to and including victimization and bullying. The term was coined in 1969 by Robert Neil Butler to describe discrimination against the elderly, patterned on the terminology of sexism and racism. Butler defined ageism as a combination of three connected elements: negative attitudes towards old age and the ageing process, discriminatory practices against older people, and institutional practices and policies that perpetuate stereotypes about elderly people.

<span class="mw-page-title-main">Older Americans Act</span> Federal initiative aiming to provide services to older adults

The Older Americans Act of 1965 was the first federal level initiative aimed at providing comprehensive services for older adults. It created the National Aging Network comprising the Administration on Aging on the federal level, State Units on Aging at the state level, and Area Agencies on Aging at the local level. The network provides funding—based primarily on the percentage of an area's population 60 and older—for nutrition and supportive home and community-based services, disease prevention/health promotion services, elder rights programs, the National Family Caregiver Support Program, and the Native American Caregiver Support Program.

The Pennsylvania Department of Aging is a cabinet-level agency charged with providing aid to Pennsylvania's approximately three million individuals age 60 and older. Although the bureau operates some services directly, such as the Pharmaceutical Contact for the Elderly (PACE) prescription drug program, it generally serves as a clearinghouse of funding and information for county-level Area Agencies on Aging. The department was formed under the governorship of Milton Shapp.

A vulnerable adult is an adult who, due to mental or bodily disability, cannot take care of themselves without help from others.

<span class="mw-page-title-main">Activist ageing</span> Activism and research that empowers the elderly

In the field of ageing studies, activist ageing refers to activism and research that empowers the elderly. This approach investigates how ageing is imagined, how ageism operates, and how elders respond to exclusion.

According to a 2012 survey by Statistics Canada, around 3.8 million adult Canadians reported being "limited in their daily activities due to a disability". This represented 13.7% of the adult population. The three most-prevalent forms of disability in Canada are chronic pain issues, mobility, and flexibility limitations. Around 11% of Canadian adults experience one of these disability types, and 40% of those people have had all three at the same time. Disabled people in Canada have historically experienced many forms of discrimination and abuse, such as segregation, institutionalization, and compulsory sterilization. They were not given the same rights as non-disabled people until the end of the 1970s, when the Coalition of Provincial Organizations of the Handicapped initiated significant changes. Legislation intended to protect disabled Canadians include the Charter of Rights and Freedoms, the Canadian Human Rights Act, and the Employment Equity Act.

Elder financial abuse is a type of elder abuse in which misappropriation of financial resources or abusive use of financial control, in the context of a relationship where there is an expectation of trust, causes harm to an older person.

The proposed Convention on the Rights of Older Persons (UNCROP) is likely to be the next major human rights treaty adopted by the United Nations. The proposed treaty will seek to remedy the fragmented human rights structure for Older Persons, and will focus on reaffirming critical human rights which are of concern to older persons. The focus of the treaty will be persons over 60 years of age, which is a growing demographic worldwide due to increased population ageing. The treaty follows from the success of the United Nations Convention on the Rights of the Child which has seen near universal acceptance since 1989. Where the UNCRC focuses on the rights of younger persons, the UNCROP will address those who form the older portion of society, who according to United Nations reports, are becoming increasingly vulnerable as a group without applicable normative standards of human rights law. Support for a Convention is becoming increasingly popular, as human rights groups including the Committee on Economic, Social and Cultural Rights (CESCR), HelpAge International, the Committee on the Elimination of Discrimination against Women, the International Labour Organization, and many other NGOs and states have expressed support for a universal instrument. A raising number of NGOs from across the world have joined forces in advocating for a Convention in the Global Alliance for the Rights of Older Persons (GAROP) which has been set up out of the need to strengthen the rights of older persons worldwide. With population ageing, the human rights of the growing number of older persons have become an increasingly important issue. Among the human rights issues faced by older persons are ageist attitudes leading to discrimination, exclusion and constraints on the legal capacity, autonomy and independent living of older people. Existing human rights violations have been further exacerbated and put on the spotlight by the COVID-19 pandemic. Older people have been denied access to health services and became prone to physical and social isolation. The stigmatisation of older people and ageist images of older persons have also become more evident. The debate surrounding the convention focuses on the implementation and safeguarding of older persons’ human rights aiming to set normative standards of human rights for older persons in an international legally binding instrument. An underlying common factor and root cause of many of human rights violations experienced by older persons, along with its ubiquitous, prevalent, and surreptitious nature, is ageism. Ageism, as defined by the World Health Organization, refers to the stereotypes, prejudice and discrimination towards others or oneself based on age. A UNCROP would go a long way to tackle ageism. Individual relationships generally fall outside of current human rights law, which seeks to present standards of relations between states and individuals. Therefore, it has been suggested that the proposed human rights convention for older persons ought to be drafted as an anti-discrimination convention. However, this would not be consistent with other multilateral human rights conventions such as the ICCPR and ICESCR which set normative standards.

The international human rights framework and domestic policy are the means by which the human rights of older people in New Zealand are protected. The key human rights issues facing older people in New Zealand encompass full participation within society, access to resources and a positive attitude to ageing.

On October 18. 2017, President Trump signed into law the Elder Abuse Prevention and Prosecution Act of 2017, identifying the need for data on elder abuse. An elder abuse case has many stages from the incident through investigation, prosecution, and trauma recovery. Several federal agencies currently collect elder abuse data on an ongoing basis at different points in the process. 

References

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