Older Persons' Use of the European Court of Human Rights

Journal of Cross Cultural Gerontology, 28, 407-420

Posted: 29 Nov 2013  

Benny Spanier

University of Haifa - Faculty of Law

Israel Issi Doron

University of Haifa - Department of Gerontology

Faina Milman-Sivan

University of Haifa - Faculty of Law

Date Written: November 27, 2013

Abstract

One of the most significant human rights tribunals in Europe is the European Court of Human Rights (ECHR). Up to day, no study has attempted to explore the cases brought before the ECHR that discuss and rule on issues concerning the rights of older persons. To descriptively analyze the ECHR cases that deal with older persons and elder rights issues. Quantitative and descriptive analysis of 226 randomly selected publicly-open ECHR cases dealing with elder-rights between the years 2000-2010. On average, 11.9% of the ECHR case load included rulings that concern older persons’ rights. In the majority of the cases (91%, 205 judgments), the ECHR found a violation of at least one human right concerning older persons. Despite the fact that rights of older persons do not appear as such in the European Convention on Human Rights, older persons do find their way to the ECHR.

Keywords: Human rights, European court of human rights, Elder law, Elder rights

JEL Classification: J70

Suggested Citation

Spanier, Benny and Doron, Israel Issi and Milman-Sivan, Faina, Older Persons' Use of the European Court of Human Rights (November 27, 2013). Journal of Cross Cultural Gerontology, 28, 407-420. Available at SSRN: https://ssrn.com/abstract=2360512

Benny Spanier

University of Haifa - Faculty of Law ( email )

Mount Carmel
Haifa, 31905
Israel

Israel Doron (Contact Author)

University of Haifa - Department of Gerontology ( email )

Haifa 31905
Israel
972-4-8249954 (Phone)
972-4-8249946 (Fax)

Faina Milman-Sivan

University of Haifa - Faculty of Law ( email )

Mount Carmel
Haifa, 31905
Israel

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