Elder Rights
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Elder Rights

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.

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] because of diminished capacity and lack of access to/ability to use technology.[3]

Defining Elder Rights

In 1991 the UNHRC General Assembly established principles to guide and encourage development of government programs that will protect older persons' rights by ensuring the independence, participation, care, self-fulfillment and dignity of older people.[4] Upholding and protecting the rights of older adults is vital to addressing problems related to ageing and ageism.

Ageing and Ageism

With the rapid growth of population of older people globally,[5] there has been international efforts to focus on issues associated with ageing and protection of the elderly in the past decade.[6] 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.[7] 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.[8]

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."[9] 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.[10] 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.[10] Organizations such as the American Association of Retired Persons and government bodies such as the Administration on Aging were created to meet their needs.[11] 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 founding. the Gray Panthers have advocated for affordable, intergenerational housing and a single-payer healthcare system.[12] Today, the Grey Panthers lead the Stakeholder Group on Aging, an organization it co-founded, which aims to create an international network of older persons and activists.[13] The National Elder Law Foundation was created out of concern that elderly might have unique legal needs.[14] 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.[15]

The Social and Financial Rights of Elders

Health, Healthcare, and Medico-legal Rights of Older Adults

The COVID-19 pandemic exposed perviously 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.[16] These deaths have been attributed to long-standing staffing shortages and resident neglect.

Milestones in elder rights development

Year Event
1920 Civil Service Retirement Act (US)[17] Retirement system for government employees
1935 Social Security Act (US)[17] Old Age Assistance/Old Age Survivors Insurance
1958 American Association of Retired Persons founded[18]
1965 Older Americans Act (US)[17] 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)[14] Certifies attorneys for elder law practice
1999 International Year of Older Persons[17]
2002 MIPAA - Madrid International Plan of Action on Aging[19] The global policy document regarding aging
2003 Medicare Prescription Drug, Improvement, and Modernization Act (US)[17]
2003 Scottish Senior Citizens Unity Party formed
2010 Affordable Care Act (US)[17]
2011 UN Open Ended Working Group on Aging (OEWG)[20] The UN forum discussing elder rights

Notable elder rights activists

Specific jurisdictions

See also

References

  1. ^ a b Kohn, Nina (2010). "The Lawyer's Role in Fostering an Elder Rights Movement" (PDF). William Mitchell Law Review. 37: 51. Retrieved 2015.[permanent dead link]
  2. ^ "Your Rights - Elder Abuse". Senior Rights Victoria. Retrieved 2015.
  3. ^ "Protecting Elders' Rights". Caring for Your Parents. PBS. 2008.
  4. ^ "OHCHR | United Nations Principles for Older Persons". www.ohchr.org. Retrieved .
  5. ^ "World Population Prospects - Population Division - United Nations". population.un.org. Retrieved .
  6. ^ "United Nations Open-ended Working Group on strengthening the protection of the human rights of older persons". social.un.org. Retrieved .
  7. ^ Officer, Alana; Thiyagarajan, Jotheeswaran Amuthavalli; Schneiders, Mira Leonie; Nash, Paul; de la Fuente-Núñez, Vânia (January 2020). "Ageism, Healthy Life Expectancy and Population Ageing: How Are They Related?". International Journal of Environmental Research and Public Health. 17 (9): 3159. doi:10.3390/ijerph17093159.
  8. ^ "APA PsycNet". doi.apa.org. doi:10.1037/a0038586. PMC 4360754. PMID 25621742. Retrieved .
  9. ^ Cohen, E. S.; Whittington, F. J. (2013-02-01). "Old and Bold: Civil Rights in Late Life". The Gerontologist. 53 (1): 178-185. doi:10.1093/geront/gns157. ISSN 0016-9013.
  10. ^ a b Walls, David. "Elders Rights Movement". Sonoma State University. Retrieved 2015.
  11. ^ Pratt, Henry (1976). The Gray Lobby: Politics of Old Age. University of Chicago Press.
  12. ^ Laursen, Eric. "Gray Panthers". Global Action on Aging. Archived from the original on 12 June 2015. Retrieved 2015.
  13. ^ "Global Accomplishments | GRAY PANTHERS NYC". www.graypanthersnyc.org. Retrieved .
  14. ^ a b "About NELF". National Elder Law Foundation. Archived from the original on 20 May 2015. Retrieved 2015.
  15. ^ "Elder Rights Background Documents". Global Action on Aging. Archived from the original on 11 July 2015. Retrieved 2015.
  16. ^ "US: Concerns of Neglect in Nursing Homes". Human Rights Watch. 2021-03-25. Retrieved .
  17. ^ a b c d e f "Historical Evolution of Programs for Older Americans". US Dept of Health & Human Services. Archived from the original on 6 May 2013. Retrieved 2015.
  18. ^ "AARP History". American Association of Retired Persons. Archived from the original on 5 September 2015. Retrieved 2015.
  19. ^ "Madrid International Plan of Action on Ageing | United Nations For Ageing". www.un.org. Retrieved .
  20. ^ "United Nations Open-ended Working Group on strengthening the protection of the human rights of older persons". social.un.org. Retrieved .
  21. ^ "Ethel Andrus". National Women's History Museum. Archived from the original on 23 January 2012. Retrieved 2015.
  22. ^ Barker, Jonathan. "David Hobman:Energetic reformer who changed society's perception of older people". The Guardian. Retrieved 2015.

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