Human Rights of Elderly: An Emerging Challenge

17 Pages Posted: 12 Jun 2019

Date Written: May 25, 2019

Abstract

Human rights are those inalienable rights which a human being inherits from the very virtue of his birth. Such rights are envisaged with the entire human race regardless of age. But in the last few decades, human beings have inculcated a new form of discrimination i.e. age discrimination. The elderly persons due to the biological process of ageing get infirm and dependent which sets them apart from the rest of the population in need of special protection of their rights. Although the governments of several nation-states have implemented legislations protecting the basic rights of the elderly persons but have not be able to successfully achieve the objective for implementing such legislation.

This study was flagged of with the hope of bringing about positive legislative changes with regard to the protection of the rights of the elderly. The study is conducted by two individual advocates, committed to the cause and pains of elderly population. The study in its initiation assesses the definition of elderly person and the parameter to determine them. The is designed in a way to give an outlook to the problems of ageism, what measures the international community has taken to protect the rights of the elderly persons in general. Further, the study stresses various key areas for responses to the challenges as strengthening the international protection regime such as elimination of the right to fair and expeditious judicial determination, right to family life, right to privacy, employment discrimination, establishing adequate care facilities and their political rights.

The study concludes with the enumeration of the possible responses that can be enforced to initiate the desirable changes. The suggestions and recommendations put forward in the study give an insight about the forms of rights and the discrimination based on age and further gives recommendations for strengthening the protection regime of the rights of the elderly population. A substantial commitment to research is needed to inform and guide a caring society as its aim to cope with the challenges ahead.

Keywords: Ageing, Discrimination, Human Rights

Suggested Citation

Mohanty, Hitabhilash and Nayak, Sarthak, Human Rights of Elderly: An Emerging Challenge (May 25, 2019). Available at SSRN: https://ssrn.com/abstract=3394302 or http://dx.doi.org/10.2139/ssrn.3394302

Hitabhilash Mohanty (Contact Author)

Supreme Court of India ( email )

Tilak Marg
New Delhi, Delhi 110201
India

Sarthak Nayak

Supreme Court of India

Tilak Marg
New Delhi, Delhi 110201
India

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