Elder Law: a need that emerges in the course of life

Abstract

At present, the stage of global aging raises a set of questions in the Law field that have not been properly identified until now. This paper considers only two of them: the need for a specific international convention on human rights for older people and the importance of developing a legal branch or specialty promptly referred to the status of the person in old age, called “Elder Law”, including, among other things, tools and institutions, principles, rules, laws, judicial practices and/or specific courts of this matter. Over 30 years ago, Law joined to Gerontology through a “symbolic” document in legal world: Resolution of the United Nations World Assembly on Aging, held in Vienna 1982, Madrid 2002, among others international documents. Ever since, studies slowly began to be developed setting the question about the responsibility and liability we have towards old people, and problems fraught with significance for the Law have emerged, such as: legal capacity, empowerment and autonomy; freedom and civil rights; integrity and health; elder abuse and violence as well as property rights; family legal issues, social rights and social security, access to justice. So, Elder Law is based on five principal issues: Age discrimination, vulnerability and legal capacity in the elderly. Self Determination Human Rights, autonomy and freedom in old age. Participation Human Rights (in family, social and political matters). Social Security Rights, equality and social inclusion. Warranty protection systems and access to justice for old people.