Autonomy and Capacity: About Human Rights of Older Persons in Dependency Situations

Abstract

This paper discusses the scope of the current Argentine legal model concerned with autonomy of older people who are in a state of dependency, as part of the Elder Law. So, it studies the juridical system of capacity and will -significant components of personal autonomy- and analyzes the regime of adult guardianship, support systems, assistance and representation for older people. To fulfill these aims, the research takes into account the new Argentine Civil and Commercial Code -which comes into force from August 2015-; the National Rights of Patients Act (No. 26,529) and the National Mental Health Act (No. 26,657). This article considers too the evolution of jurisprudence in this area and contemplates the connection of the normative system and judicial decisions with the Inter-American Convention on Protecting the Human Rights of Older Persons, approved by the General Assembly of the Organization of American States (OAS) on June 15 2015. Finally, in this paper it is considered the importance of the actual development of the International Convention on Human Rights of Older Persons of the United Nations to this field.