Full 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.
Contents
Chapter 1. The Problem.- Chapter 2. A Human Rights Based-approach to Elder Law.- Chapter 3. The Existing International Response to Protecting the Rights of Older People.- Chapter 4. Legal Capacity and Decision-making.- Chapter 5. Healthcare, Palliative Care and End of Life.- Chapter 6. Employment Rights.- Chapter 7. Financial Management, Retirement and Estate planning.- Chapter 8. Accommodation and Aged Care.- Chapter 9. Social and Cultural Rights of Older Persons.- Chapter 10. Conclusion and Future Directions.
